Read the full judgment text of CACC 128/2016 on BabelCite. This Court of Appeal judgment was delivered on 5 October 2016.
1. The applicant was charged in the District Court with two offences. The first was “Being the captain of a ship with persons on board seeking to land unlawfully in Hong Kong”, contrary to section 39 of the Immigration Ordinance, Cap 115. The second charge was “Endangering the safety of others at sea”, contrary to section 72 of the Shipping and Port Control Ordinance, Cap 313. He pleaded guilty to both offences before District Judge Casewell (“the judge”) on 29 April 2016. On the first charge he
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