HKSAR v. ZHANG XIAOJIAN

DCCC7/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 7 OF 2011

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Reasons for Sentence

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1.  You pleaded guilty to one count of assisting the passage to Hong Kong of a conveyance which carried unauthorised entrants, and one count of endangering the safety of others at sea.

2.  Facts revealed that on 3 December last, at around 9.55 am, police spotted a motorised sampan entering Hong Kong waters in the southeast of Shek Ngau Chau on radar.  Police vessels eventually intercepted your sampan at about one nautical mile in the south of Shek Ngau Chau and found three illegal immigrants on board, and you were the one steering the sampan.

3.  After inspection by a ship inspector, the sampan was found to have no fire fighting and life saving appliances.  The main hull structure was found in poor condition.  Also, there was no navigation light fitted on board.  The sampan, therefore, was found to be unseaworthy.

4.  You agreed that you were promised a reward by taking these illegal immigrants to Hong Kong.

5.  The 1st charge is a serious one, and there is clear guideline that a starting point of 5 years’ imprisonment is appropriate.

6.  As far as the 2nd charge is concerned, I found the unseaworthiness of the sampan is not the worst of its kind.

7.  In sentencing you, I will take into account your plea of guilty, your clear record, and also the totality principle; also the mitigation put forward by your counsel.

8.  For the 1st charge, I will take 5 years as the starting point.  Because of your plea, I reduce it to 3 years and 4 months.

9.  For the 2nd charge, I will take 9 months as the starting point.  Because of your plea, I reduce it to 6 months, 2 months of which to run consecutively to the 1st charge, making a total of 3 years and 6 months.