R. v. LING HOI KWONG

1995, No.762
(Criminal)

IN THE COURT OF APPEAL

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J U D G M E N T

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Sears, J. : (giving the judgment of the Court)

1. This Applicant was convicted after trial on November 10th last year before H.H. Judge Andrée Wiltens of assisting the passage within Hong Kong of an unauthorised entrant, contrary to s.37D(1)(a) of the Immigration Ordinance.

2. The facts were very brief. In the early hours of the morning of August 14th, patrolling police officers at Deep Bay noticed an unlit vessel sailing towards Mainland China. They signalled the vessel to stop. It accelerated and they chased it. The Defendant was seen sitting by the helm of the vessel which was a fibre glass sampan. There was one other person in the boat, both of them had Boat Person's Cards and neither had documents permitting them to leave China.

3. The Defendant was arrested and he made a statement under caution admitting that he had brought the unauthorised entrant from Shekou for $1,000.

4. The real issue of the trial was the voluntariness or not of the confession statement - the Applicant saying that it was an involuntary statement. The Judge held a voire dire and ruled it in. The Defendant then gave evidence that he had been brought to Hong Kong to look for work and was returning home when they were arrested. The Judge did not believe him.

5. We have examined the papers with care. We can find nothing which in any way flaws this conviction. The application is dismissed.