The Queen v. Tam Hok Ling

1987 No. 951
(Criminal)

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HEADNOTE

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Importing unmanifested frozen meat – danger to health – immediate custodial sentence appropriate – 6 months reduced to 3 months.

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 951 OF 1987

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 24th December 1987

Date of delivery of judgment : 24th December 1987

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J U D G M E N T

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1. The appellant pleaded guilty to the following offences: (1) Importing unmanifested cargo, contrary to section 18(1) (a) of the Import and Export Ordinance, Cap. 60, (2) Importing frozen meat without an official certificate and without the permission of a health officer, contrary to regulation 4 (b) of the Imported Meat & Poultry Regulations, Cap. 132, and (3) Importing reserved commodities without a licence, contrary to regulation 3(1) of the Reserved Commodities Regulations, Cap. 296. He was sentenced to concurrent terms of six months, three months and three months imprisonment.

2. On the 30th October Marine police officers conducted a check on a Chinese coastal vessel that had berthed in Kowloon Bay. They found crew members unloading frozen pigs onto a lorry. The appellant, who was the master of the vessel, was questioned and it was discovered that there were nearly 500 unmanifested frozen pigs aboard.

3. The appellant was handed over to customs officers and, under caution, he admitted that he had been asked by a man in China to ship the goods from Shekou to Hong Kong in return for a reward of $5,000.

4. The maximum sentence on Charge A is two years imprisonment and a fine of $50,000, on Charge C it is three months imprisonment and a fine of $2,000, and on Charge D it is twelve months imprisonment and a fine of $50,000.

5. The magistrate had regard to the appellant's plea of guilty, his clear record and the value and quantity of the goods, but he also took into account the potential danger to public health when a large quantity of pork, from pigs slaughtered under unknown circumstances, finds it way onto the Hong Kong market.

6. I am told that this is the first case of its kind to come before the Hong Kong courts. Clearly this traffic poses a serious potential health threat. It is necessary to pass a sentence that will deter others in the appellant's position from being tempted to do the same thing.

7. Counsel advises that the frozen meat trade between China and Hong Kong is handled by a single agency and proper controls are in operation. It would have been possible for the importer of this meat to have had it inspected on arrival and cleared for distribution, but of course that would have exposed the importer to prosecution for these offences.

8. I am satisfied that an immediate custodial sentence is necessary to deter the unauthorised import of meat. A fine or suspended sentence, although perhaps sufficient punishment in the case of the individual offender, would not, in my judgment, be effective as a deterrent to others.

9. On the other hand, I believe six months is unnecessarily severe. I am satisfied that a three month sentence would have the same deterrent effect and is a more appropriate sentence for this offence.

10. The appeal is therefore allowed and the sentences reduced to three months, one month and one month respectively, to run concurrently.

Mr. Stephen Wong, Crown Counsel for Respondent.

Mr. Jackson Poon, (inst'd. by M/S William Au & Co.) for Appellant.