HKSAR v. Lin Zhenlie

DCCC 815/2018

[2019] HKDC 661

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 815 OF 2018

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Reasons for Sentence

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1.The 1st defendant has been convicted after trial of two offences relating to the attempt to export these goods.  I have set out my basis on which I have convicted him.  I do not propose to take that any further now.

2.He is from the mainland.  He is now 53 years of age and has a clear record in Hong Kong.  He is a cook when he is not in Hong Kong.  There is no information as to when he entered Hong Kong, but he entered on a two-way permit.

3.As far as the offence is concerned, there is no tariff for this offence but the general trend of sentencing is for offences of this nature, the sentence is between 10 to 15 months’ imprisonment to be imposed.

4.There is certainly no tariff or trend of sentencing for the 2nd charge, but in my view, the 2nd charge does not add much materially to the 1st charge in the circumstances of this case.

5.The 1st defendant’s role can be described as minor, as far as we could see, established on the facts he assisted in the loading operation.  I consider that an immediate sentence of imprisonment will be appropriate for the defendant.  I do note he has been detained since 29 June.

6.Also I do note the value of the goods which was set at, I think it’s $4 million-odd, $4½ million puts it, in my view, in the middle of the range.  What I will do is impose a sentence of 12 months’ imprisonment.

7.That will be my order on both charges, to be served concurrently.