HKSAR v. Zhang Hong

HCMA000246/1999

1999, No. MA246

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 246 OF 1999

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Coram: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 25 May 1999

Date of Delivery of Judgment: 25 May 1999

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J U D G M E N T

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1. On 26th January 1999, the Appellant, a woman in her early thirties, came to Hong Kong from the Mainland by train in order to fly from here to Thailand where she was to attend a trade exhibition. She had with her seven pieces of carved ivory weighing about 9 kg. in all. It was her intention to present them, on behalf of the company of which she was a Manager, to certain persons as gifts at the exhibition in Thailand. By reason of her having brought these seven ivory carvings into Hong Kong, she was charged with importing a highly endangered species without a licence issued by the Director of Agriculture and Fisheries, contrary to section 4(3) and 4(4) of the Animals and Plants (Protection of Endangered Species) Ordinance, Cap. 187.

2. On 26th January, the Appellant pleaded guilty before D.L. Duggan, Esquire at the San Po Kong Magistracy. He fined her HK$10,000. The reason why he did so appears in this paragraph in his Reasons for Sentence:

"The charge is regarded as a serious one in Hong Kong being punishable by one year's imprisonment and a fine of $100,000. I accepted the mitigation offered by the appellant. In brief she said she was a Chinese National who was transiting Hong Kong for Thailand where the items were to be presented as a gift to persons in Thailand at an exhibition to be held there. She did not know that bringing such items into Hong Kong was an offence. Taking into account her plea and mitigation I imposed a fine of $10,000.

3. I have carefully considered everything the Appellant has urged in support of her appeal against sentence, but feel unable to disturb the sentence passed by the Magistrate which seems to me to be a reasonable sentence in all the circumstances. So the appeal is dismissed.

Representation:

Miss Zhang Hong, Appellant in person

Miss Vivien Chan (of the Department of Justice) for the Respondent