R. v. Au Wai Lung

IN THE COURT OF APPEAL

1996, No. 222
(Criminal)

--------------------

----------------------

J U D G M E N T

----------------------

Mayo, J.A. (giving the judgment of the Court):

1. The applicant seeks leave to appeal against the sentence of 3½ years' imprisonment imposed upon him for assisting the passage of unauthorised immigrants in Hong Kong. He pleaded guilty to this offence.

2. It was quite a bad case. Marine Police Officers observed a junk on their radar equipment proceeding towards Sha Tau Kok. They also noticed that it was not displaying navigation lights. They went to intercept it. When they did so the vessel which was being controlled by the applicant attempted to change direction and return to China. After a chase the police succeeded in apprehending the vessel. The applicant, a man and a heavily pregnant lady were found to be on board. It was noted that a junk of the type involved is normally confined to coastal waters. It will be appreciated from these facts that the applicant was prepared to take considerable risks to achieve his ends.

3. In mitigation before Lugar-Mawson DJ it was pleaded that the applicant had committed the offence for pecuniary gain and after his employer had subjected him to some pressure.

4. In his grounds of appeal the applicant refers to his difficult family circumstances namely his wife's pregnancy and his mother's ill health.

5. Before us he emphasised the difficulties he was experiencing.

6. Sadly these are not matters which would enable us to reduce the sentence which was imposed. The sentence which was imposed was the proper sentence in all the circumstances and this application has to be dismissed and is dismissed.