A A
DCCC788/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 788 OF 2009
C C
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D HKSAR D
v.
E E
Leung To-tit
F F
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G G
Before: Deputy District Judge M. Chow
Date: 27 August 2009 at 12.15 pm
H Present: Ms Patty Lee, SPP, of the Department of Justice, H
for HKSAR
I
Mr Chris Yiu, of Augustine C Y Tong & Co., assigned by I
the Director of Legal Aid, for the defendant
Offence: (1) Assisting the passage to Hong Kong of a conveyance
J which carried unauthorised entrants(協助載有未獲授權 J
進境者的運輸工具前來香港的旅程)
K
(2) Aiding and abetting the attempt to land in Hong K
Kong without permission(協助及教唆他人未經准許而企圖在
香港入境)
L L
M
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Reasons for Sentence
N N
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O O
1. The defendant pleaded guilty to two charges, namely :-
P P
(a) charge 1, assisting the passage to Hong Kong of a conveyance
Q Q
which carried unauthorised entrants, contrary to section
37(1)(a) of the Immigration Ordinance, Cap. 115 and this
R R
charge involved five unauthorised entrants:
S S
(b) charge 2, aiding and abetting the attempt to land in Hong
T Kong without permission, and this charge involved one T
person.
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CRT24/27.8.2009/ES 1 DCCC788/2009/Sentence
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A A
The prosecution case against the defendant
B B
2. At around 0401 hours, Marine Police found a sampan
C C
sailing towards the shore at Sha Kiu Tsuen and the sampan was
stopped subsequently at 0435 hours. Upon interception, defendant
D D
was found to be the coxswain and he was steering the control bar
E of the sampan’s engine. After removing the green plastic sheet E
which covered the main deck of the sampan, five Chinese
F mainlanders and a Nepalese were found crouching at the F
compartment. All five Chinese mainlanders and the defendant
G G
failed to produce any valid travel document. There was no valid
visa for travelling to Hong Kong in the Nepalese man’s passport.
H H
I
3. The defendant was arrested and in the record of I
interview he admitted that he came to know a person called
J Ah Chin who asked him to bring mainlanders to Hong Kong for J
CYN300 per person. In the present case, he received a call from
K Ah Chin on 20 June 2009 for this job. He started his journey at K
2 am on 21 June 2009 together with six persons who were
L L
subsequently found on the sampan by the Marine Police. If this
journey was successful, he would be rewarded for $1,800.
M M
N 4. On 22 June 2009 after the inspection of the sampan by N
PW12, it was found that the main hull structure was found in
O poor condition, there was no fire-fighting appliances or any O
life-saving appliances equipped on board. There was no
P P
navigation light fitted on board for night operation.
Q Q
5. The Defendant has a clear record.
R R
6. In mitigation I am told the defendant is 34 years old,
S single, and lives with his elderly parents in China. He himself S
is a drug addict. He also has a brother who is also a drug
T T
addict. His brother overdosed himself when he took drugs and is
U U
CRT24/27.8.2009/ES 2 DCCC788/2009/Sentence
V V
A now paralysed. The defendant committed the present offence A
because he needed $3,000 for his father to do an eye operation.
B B
Sentence
C C
7. To start with, financial hardship is not a factor to
D D
be considered in sentencing. General sentence guidelines for the
E 1st charge is 5 years. In passing sentence, I bear in mind that E
the defendant is a man of clear record and he pleaded guilty to
F two charges. . All the six persons on the sampan are all able F
persons but the sampan in question was unseaworthy. I do not see
G G
any reason to depart from the general 5 year starting point.
H H
8. In the present circumstances, I adopt 5 years as the
I
starting point for charge 1 and 2 years for charge 2. The I
sentences are reduced to 40 months and 16 months respectively to
J reflect the defendant’s guilty pleas and both sentences are to J
be run concurrently.
K K
L L
M. Chow
M M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT24/27.8.2009/ES 3 DCCC788/2009/Sentence
V V