HKSAR v. Tong Fai

DCCC1136/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1136 OF 2008

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Reasons for Sentence

1.You pleaded guilty to one count of assisting the passage to Hong Kong of a conveyance which carried an unauthorised entrant, one count of aiding, abetting the attempt to land in Hong Kong without permission and one count of possession of dangerous drugs.

2.Facts revealed that on 21 October this year, at around 11 pm, Marine police found an unlit motorised sampan entering Hong Kong water.  Police vessels signalled the sampan to stop, but it started to escape.  After some chasing, police was able to intercept the sampan.  Police found five illegal immigrants on board of the sampan.  And, defendant, you were the person in charge of the sampan.

3.Police further found a small quantity of dangerous drugs in your possession.  The sampan was inspected and found to be unseaworthy.  You admitted that you were offered an award of 500 Renminbi for helping to take those illegal immigrants into Hong Kong.

4.In sentencing you, the court will take into account your plea of guilty, the mitigation put forward by your counsel, the fact of this case and the totality principle.  For the 1st charge, this court will take five years as the starting point because of your plea.  I will reduce it to three years and four months.  For the 2nd charge, you are sentenced to 15 months’ imprisonment.  For the 3rd charge, you are sentenced to three months’ imprisonment.  All sentences to run concurrent to each other, that is a total sentence of three years and four months.