HKSAR v. SHUM HOI KWAN
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CACC000034/1998
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
1998, No.34
(Criminal)
| BETWEEN | ||
| HKSAR | ||
| AND | ||
| SHUM HOI-KWAN |
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Coram: Power, V.-P. and Stuart-Moore, J.A.
Date of Hearing: 1 April 1998
Date of Judgment: 1 April 1998
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J U D G M E N T
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Stuart-Moore, J.A. (giving the judgment of the Court):
1. The Applicant, D2 at trial, pleaded guilty in the District Court before Judge Hawkes to being a member of the crew of a ship which entered Hong Kong with unauthorized entrants on board. He was sentenced to two years and eight months' imprisonment. He now seeks leave to appeal against his sentence on a number of grounds including difficult family circumstances and what he says was the small role that he played.
2. The Summary of Facts reveals that D1 was steering the wooden vessel with the assistance of D2. At the time of interception in Deep Bay, four males and one female were found inside the cabin whilst another four males were found sitting under a plastic sheet at the bow. They were later identified to be unauthorized entrants from China.
3. D1 and D2 both admitted that they were engaged by a snakehead in China to convey those persons, whom they knew to be unauthorized entrants, to Hong Kong. Each was to be paid RMB$200 upon their return to China. D2 admitted that he was there to assist D1 during the journey.
4. The judge correctly took a starting point of four years' imprisonment and took into account the plea of guilty by giving this Applicant a discount of one-third. This was entirely appropriate and the application is devoid of all merit.
5. For this reason, the application is dismissed and we shall order that two months of the time served in custody shall not be reckoned as part of the sentence. This has the effect that the Applicant will now serve a longer sentence.
| (N.P. Power) | (M. Stuart-Moore) |
| Vice-President | Justice of Appeal |
Representation:
Mr. Wesley W.C. Wong, S.A.D.P.P. (Ag.) for D.P.P./Respondent
Applicant in person.