R. v. Mok King Ching

CACC000146/1995

IN THE COURT OF APPEAL

1995, No. 146

(Criminal)

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Coram: Hon. Yang C.J. & Ching J.A.

Date of hearing: 11 August 1995

Date of judgment: 11 August 1995

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J U D G M E N T

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Ching JA (delivering the judgment of the Court):

1. The applicant in this matter is a young man who was aged 17 years on the date of his conviction. He was convicted on the 9th of February this year of two charges to which he pleaded guilty.

2. The 1st charge was for assisting a passage within Hong Kong of unauthorised entrants and he was sentenced to imprisonment for four years. The 2nd charge was for endangering the safety of others at sea for which he was sentenced to imprisonment for three years. Two years of the latter sentence were ordered to be served concurrently with the sentence on the 1st charge so that effectively he has been sentenced to five years' imprisonment.

3. The facts are that he was in charge of a motorised sampan which was carrying illegal immigrants. There were many of them on board. The seas were choppy. When the sampan was detected by the police, it was pursued and the applicant who was steering the vessel tried to get away. There was, therefore, a chase with the applicant handling his sampan in what can only be described as a most dangerous way. Eventually, his vessel collided with that of the police. The sampan was so overloaded that it sank within three seconds of the collision. All of the occupants were thrown into the sea and were rescued by the police. The applicant himself, his co-helmsman and two pregnant women suffered injuries.

4. These offences were very serious and could well have resulted in the loss of life. In the circumstances, the sentence of five years' imprisonment imposed was in no way excessive, and the application is, therefore, dismissed.

Representation:

Mr John Reading, S.A.C.P., for Crown/Respondent

Applicant in person