The Queen v. Lee Sai Chun
Read the full judgment text of HCMA 121/1996 on BabelCite. This High Court CFI judgment was delivered on 7 March 1996.
1. This was an appeal against a sentence of 10 months imposed for one charge of aiding and abetting the remaining in Hong Kong of an illegal immigrant. The facts of the case were that four illegal immigrants were involved, all relatives or clansmen of the Appellant, and that he had enlisted their aid in constructing a roadway in the New Territories.
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HCMA000121/1996 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 121 OF 1996 ----------------------
----------------------- Coram : Hon. Duffy, J. in Court Date of hearing : 1 March 1996 Date of handing down judgment : 7 March 1996 -------------------- J U D G M E N T -------------------- 1. This was an appeal against a sentence of 10 months imposed for one charge of aiding and abetting the remaining in Hong Kong of an illegal immigrant. The facts of the case were that four illegal immigrants were involved, all relatives or clansmen of the Appellant, and that he had enlisted their aid in constructing a roadway in the New Territories. 2. The evidence was that he had gone to mainland China and had advised his relatives and clansmen that he was working in Hong Kong. It was denied that he had invited the four men to Hong Kong but all four subsequently arrived at the Appellant's door, asked for and were given accommodation and work. There was no doubt that the Appellant knew they were illegal immigrants. 3. At the trial, counsel for the prosecution saw fit to accept a plea from the Appellant to aiding and abetting only one of the illegal immigrants. When the learned Magistrate gave his Reasons for Sentence, it appeared to me that he might have taken into account in sentencing that there were four illegal immigrants involved. This is hardly surprising because he was placed in an impossible position by what was an unwise and uncalled for plea bargain by the Crown. The full extent of this Appellant's criminality was that he helped four illegal immigrants and not just one. But the penalty for helping one must be less than the penalty for helping four. 4. In view of the mitigation involved and the fact that only one illegal immigrant was involved, and because there was the risk that the learned Magistrate might have sentenced on the basis of four illegal immigrants, I reduced the sentence to one of six months, albeit very reluctantly. Representation: Mr Albert Wong, S.C.C., for Crown Mr Philip Wong (Anthony Kwan & Co.), for Appellant - 2 -
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