HKSAR v. Hui Kwong Fai

DCCC1288/2009

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1288 OF 2009

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Reasons for Sentence

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1.The defendant pleaded guilty to two offences. The first offence is one of aiding and abetting and the attempt to land in Hong Kong of persons not entitled to be in Hong Kong. This is contrary to section 38(1)(a) of the Immigration Ordinance. The second charge is one of endangering the safety of others at sea.

2.The facts admitted by the defendant show that at 2.10 am, on 9 October, two police vessels spotted an unlit motorised wooden vessel sailing towards Black Point Power Station in Hong Kong waters at 5 knots per hour. The vessel was intercepted and the defendant was found to be acting as the coxswain of the wooden vessel at the material time. Thirteen Pakistani males were found squatting in the boat. None had valid travel documents permitting them to come to Hong Kong.

3.When arrested, the defendant said that he was forced to take a one day course to drive the boat by a Mr Lee. He was also told that if he brought these people to Hong Kong he would be paid $200, and if he refused he would be beaten up.

4.The 13 Pakistani males say they had entered Hong Kong illegally via Shenzhen, and they had paid a snakehead. The vessel was inspected and found to be unseaworthy: it was not designed for carrying passengers; the hull was taking in water; no navigational light was found; no life saving equipment was found; and there was no fire fighting extinguisher.

5.The defendant has a clear record. I am told that he is 17 years of age, and he was 16 at the time. He was born and brought up in China, and educated for Form 4, Primary 6 education standard. He had come to Shenzhen from a province in China and worked as a shoe maker in a factory, earning a $1,000 per month. I am told that his parents live away. They work in different provinces in China. He lived with his grandmother, who is now aged 70. He has a brother who is a year older, who works in Shanghai.

6.I am told that the factory he was working at in Shenzhen closed in June. He was renting a flat in Shenzhen, and he came to know an Ah Jian. He ran out of money, and this Ah Jian offered to find a job for him and took him to a hostel. He was kept at that hostel. He was offered $200 to convey the Pakistanis to Hong Kong.

7.I have a letter from the defendant saying that he is remorseful and asking for leniency. Counsel for the defence referred to the facts that there was no attempt by the defendant to escape, the vessel was stopped very shortly after it was detected in Hong Kong waters, no one was injured, and the defendant was cooperative.

8.In respect of the 1st charge, I sentence the defendant to 18 months’ imprisonment. In respect of the 2nd charge, I take a starting point of 27 months’ imprisonment. I reduce that to reflect the defendant’s guilty plea and impose a sentence of 18 months for that offence.

9.I have considered the question of totality. These are separate offences. The first offence involves the bringing into Hong Kong of 13 Pakistani males. I have decided the sentences should run consecutively. The defendant will therefore go to prison for a total period of 3 years.