HKSAR v. LEUNG HO YAN, CHRISTOPHER

DCCC1066/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1066 OF 2011

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Reasons for Sentence

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1.  D2, as I said, you have pleaded guilty to one offence of conspiracy with others to obtain services by deception, contrary to section 18A of the Theft Ordinance, Cap.210 and sections 159A and C of the Crimes Ordinance, Cap.200.

2.  You have admitted the brief facts and I convicted you. 

3.  Those facts were fully rehearsed in my verdict in respect of D1 and I do not intend or find it necessary to go through them again, save to say that this was a scheme whereby illegal immigrants were sneaked into Canada, passports were used belonging to other people.  Your role in this was to accompany them on their flight and to pass over the documentation.  Your role contrasts with that of PW1 and Chan Hung-cheong in that their role was simply to pass over documentation for use. Also, I note that you had received considerably more by way of remuneration than the others.   

4.  An additional fact as they now emerge is that you admitted that you stole the passport of D1 for use in the scheme and that renders your part more serious, but you have mitigated that position and I shall explain later.

5.  You have one previous conviction of some age and for a totally different matter.  On your behalf Mr Hui entered mitigation.  He told me you are 45 years of age, married, with a son of 9.  Your wife and son are on the Mainland.  Since 2009, you have been employed as a casual worker in a logistics company, earning approximately $7,000 per month.  You remit a portion of that back to the Mainland to support your family.       

6.  You are not well-educated, merely to P3, and you suffer from hypertension.  Mr Hui submitted that in this case you are remorseful and submitted a letter that you had written to court, which I have taken into account.  He stressed your plea of guilty and begged for a lenient sentence. 

7.  I turn now to the sentence.  This is a serious matter.  It has international dimensions in that it reflects badly upon Hong Kong as we are seen as a conduit for illegal immigrants to enter a sovereign country. Your role in the conspiracy was much greater than that of the other two people so far sentenced in that, as I have said, you both accompanied the illegal immigrants on their journey and received a higher remuneration for your part.

8.  You have pleaded guilty at the first available opportunity and that is the main mitigation in this case.       

9.  However, one strange aspect of the case in that it renders your part more serious is that you stole the passport of your friend and colleague in order to use in this conspiracy.  This led to him being charged and facing a trial.  However, you have mitigated that position in that you gave evidence on his behalf, evidence which I accepted.  In the end, you acted honourably by exonerating him.   

10.  The peculiar aspect that I face then is that that renders your part more serious, but yet I believe you are entitled to some recognition of your actions.  Therefore, I take into account the serious nature of the theft in the course of the conspiracy of your friend’s passport in setting the starting point, but will mark your honourable actions in exonerating him in a way which I will explain later. 

11.  I note that Mr Hui on your behalf has not prayed in aid a suggestion that there has been undue delay in this case.  I can see no undue delay.  I accept what Mr Siu has said, there were 20 persons originally arrested, the matter was complex and needed to be investigated fully.  I do note that you have a very light criminal record and I accept that you are now remorseful.   

12.  In all the circumstances, the starting point I take in your case is one of 36 months.  This is reduced to 24 months for your plea of guilty, and to mark what I said in respect of the giving of evidence on behalf of D1, acting honourably in exonerating him, I grant you a further 1 month’s discount.  You will therefore go into prison for a period of 23 months.

13.  I would like to record my thanks to counsel for their assistance.