HKSAR v. TA QUANG CUONG

DCCC 441/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 441 OF 2010

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Reasons for Sentence

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1.  The Defendants each pleads guilty to 1 count of Possession of arms without a licence.  The arms concerned for the 1^st Defendant are 2 self-loading blank pistols and 1 air gun and that of the 2^nd Defendant are 2 air guns.      

2.  The Defendants are Vietnamese origin working in Prague, Czechoslovakia.  On 4^th February 2010, they took the flight back to Hanoi for Chinese New Year on transit in Hong Kong.  The relevant arms are found by the Hong Kong custom in their respective luggage.  They are in a disassembled state. 

3.  Both Defendants has a clear record in Hong Kong.  The 1^st Defendant is 22 years old.  He works in a supermarket in Prague.  The 2^nd Defendant is 45 years old.  He runs a small restaurant in Prague.  Their family members are also living in Prague.

4.  Counsel referred me to some authorities on sentencing similar offences.  Suffice to say is that, there is no tariff for this offence and the appropriate sentence depends on particular facts.

5.  In this case, I accept that the relevant arms are purchased in Prague and intended for presents to the Defendants’ relatives in Vietnam.  There has been no intention for unlawful use, whether in Hong Kong or Vietnam, and the offences are committed out of ignorance of Hong Kong law.

6.  On this basis, I adopt a starting point of 9 months’ imprisonment for both charges and because of their plea of guilty, the sentence is reduced to 6 months.  I understand that the Defendants are kept in custody for 7 months and this sentence means that they can be immediately released.