The Queen v. Ng Choi Loy

CACC000482/1989

Headnote

Sentence of three and a half years appropriate after plea for the captain of a ship which entered Hong Kong carrying nine unauthorised entrants

BETWEEN

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Coram: Hon. Yang, C.J. & Power, J.A.

Date of Hearing: 2 May 1990

Date of Judgment: 2 May 1990

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JUDGMENT

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Power, J.A.:

1. The applicant in this matter faced a charge that being a member of the crew of a ship which entered Hong Kong with unauthorized entrants on board he committed an offence contrary to s.37C (1) of the Immigration Ordinance.

2. The particulars of the offence were that he, on the 15th of July, 1989 was a member of the crew, indeed he was the Captain, of the "Sun Kong 17" which entered Hong Kong waters with nine unauthorized entrants on board. He pleaded guilty and was sentenced to imprisonment for three and a half years. He now appeals against that sentence.

3. The facts reveal no more than that on the 15th of July the vessel was intercepted and nine illegal immigrants were found on board.

4. The grounds which he urges are that he has not had a very good education and that he had little knowledge of the laws of Hong Kong. These can have no real weight when it comes to the assessment of the penalty. He, no doubt, had full knowledge that he was doing something illegal, and seriously so, when bringing these unauthorized entrants into Hong Kong waters. The only other considerations he urges are family ones saying that his parents are in poor health and he has two young children who are dependent upon him. He asks for a reduction in sentence.

5. The trial judge when sentencing, took into account that he was the captain of the vessel and also that he was the hirer of the vessel. He said:

"After trial, a sentence of 5 years' imprisonment is appropriate. The accused had, however, pleaded guilty at first opportunity and having that and the story I was told about him in mind I allowed 18 months of the sentence that otherwise would have been passed upon him and so sentenced him to 3 1/2 years' imprisonment."

6. The trial judge was perfectly correct when he observed that this was a serious offence. The applicant was a "snake-head" - a person in charge of an illegal operation involving the smuggling of unauthorized entrants into Hong Kong. A severe sentence carrying an element of deterrence was called for.

7. The sentence imposed was merited given the nature of the offence, and the application for leave to appeal against sentence is therefore dismissed.

Representation:

Mr. Steve Chui (Crown Prosecutor) for the Responent.

Applicant in person.