R. v. Chan Chu

CACC000452/1991

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Coram: Fuad, V.-P., Macdougall & Nazareth, JJ.A.

Date of Hearing: 6 May 1992

Date of Judgment: 6 May 1992

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J U D G M E N T

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Fuad, V.-P. (giving the judgment of the court):

1. The applicant, Chan Chu, pleaded guilty on 13th September 1991, before Judge Beeson in the District Court, to the offence of being a member of the crew of a ship which entered Hong Kong with unauthorised entrants on board, contrary to s.37C(1)(a) of the Immigration Ordinance, Cap. 115. He was sentenced on the same day to four years' imprisonment. He now seeks leave to appeal against that sentence.

2. The facts admitted were that during the early hours of the morning of 18th July 1991 the applicant was found by the Marine Police (in Hong Kong waters at Tai Long Wan, near Fan Tsang Chau) steering a fibre glass sampan fitted with an outboard motor. There were five male and six female adult illegal immigrants from China on board.

3. The applicant, who is aged about 30, stated in his grounds of appeal that he was supporting an aged and ill father and expressed remorse. He prayed in aid his immediate plea of guilty and his co-operation with the police. He was, he said, a first offender and he pointed out that since the sea was calm that morning, his passengers were in no danger.

4. All these matters were considered by the judge before she passed sentence. However, before us today, the applicant made it plain that he is suffering under a sense of grievance. He told us (and we have no reason to disbelieve him) that on the day he sailed into Hong Kong waters, another man called Wong Yau Fung had done the same thing in another boat. He said that he and Wong had been employed by the same "snake-head". They had both been arrested on the same occasion by the Marine Police with the same number of illegal immigrants on board their respective boats. He pointed out that he had maintained his admission of guilt whereas Wong had gone back on his admission to the police and after a trial had been sentenced to three years' imprisonment. He added that they had been represented in court by the same lawyer. He could not understand how this could be fair.

5. We do not know the full facts upon which Wong was convicted. The sentence imposed on the applicant was well in line with the tariff of sentences approved by this court for this serious offence. It may be that Wong was fortunate in receiving a lesser sentence, but we find no grounds upon which we could interfere with the sentence imposed by the judge in this particular case. We therefore dismiss the application for leave to appeal.

Representation:

Applicant - in person

Mr C. Coghlan (Crown Prosecutor) for the Crown/Respondent