HKSAR v. AL HAMD WAEEL ALI MAHMOUD

DCCC 293/2025

[2025] HKDC 1625

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 293 OF 2025

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REASONS FOR SENTENCE

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Introduction

1.  The Defendant pleaded guilty to two counts of “Importing specimens of Appendix II species otherwise than in accordance with the provisions of section 11(1)  of Cap 586”, contrary to section 11(1)  and (3)  of the Protection of Endangered Species of Animals and Plants Ordinance, Cap 586.  The imported specimens of endangered species are 36.1 kilograms of dried seahorses (Hippocampus species).

2.  I found the Defendant guilty as charged after he admitted the Summary of Facts.

Facts admitted

3.  At 1618 hours on 3 December 2024, Chief Customs Officer (PW1)  stopped the Defendant, a Jordanian passport holder arriving from Dubai via Doha, at Customs Arrival Hall A, Hong Kong International Airport.

4.  The Defendant was seen with a shoulder bag and a trolley carrying one red luggage, one black luggage, and a backpack.  The red and black luggage were labeled “WAEEL ALI MAHM” and “SHAIKMAIDEEN” (hereinafter referred to as “MAIDEEN”.  When questioned by CO19145 (PW3), the Defendant claimed he collected the black luggage for a friend who had left.  In PW3’s presence, the Defendant opened both suitcases using passwords, revealing plastic bags under snacks: 18.2 kg of dried seahorses in the red luggage and 17.9 kg in the black.

5.  Mr Chan Hon Ki, Endangered Species Protection Officer (PW6), confirmed the dried seahorses were Hippocampus species, classified as Appendix II under Ordinance Cap. 586.

6.  The Defendant failed to produce any valid documents under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. 

7.  According to PW6, the international trade in seahorses (Hippocampus species)  for traditional medicine, aquariums, and souvenirs has intensified, leading to the over-exploitation of wild populations. Demand continues to rise even as stocks are depleted, with smaller seahorses now commonly traded due to shortages.  Seahorse populations are especially at risk because of their life history and limited mobility, making recovery slow and local extinctions likely in heavily fished areas.

8.  The International Union for Conservation of Nature (IUCN)  Seahorse, Pipefish and Stickleback Specialist Group identifies 45 seahorse species globally.  Of these, one is “Near Threatened,” 13 are “ulnerable,” two are “Endangered,” and one is “Critically Endangered” on the IUCN Red List, which is a leading resource for evaluating the conservation status of plant and animal species.

9.  36.1 kg of dried seahorses equals roughly 10,585 individuals.  With a value of HKD13,000 per kg, the total market price of the seized seahorses was estimated at around HKD469,300.

Background and Criminal Record

10.  The Defendant, currently 46 years old, was born in Kuwait and moved to Jordan with his family at the age of 12.  He is married and has four children aged 2, 11 (twins), and 16. The Defendant attained tertiary education and holds a degree in accounting from a university in Amman, Jordan.

11.  After completing university, the Defendant engaged in operating businesses in China, Jordan, Egypt, Dubai, and Indonesia.  These included barber shops as well as trading activities involving clothing, secondhand mobile phones, and charcoal.

12.  In 2023, the Defendant and his family relocated to Dubai, where he established a trading business that sourced mobile phones from Dubai for sale in Egypt.  The Defendant is responsible for supporting his family, and his arrest has impacted their means of support.

13.  The Defendant has a clear record in Hong Kong.

Mitigation

14.  Ms Po, Counsel for the Defendant, has provided me with her written submission for mitigation.  She said, in mitigation that the Defendant was discovered with dried seahorses contained in black luggage, which was registered under the name of MAIDEEN rather than the Defendant, a long-time acquaintance, offered the Defendant a complimentary ticket to Hong Kong and claimed the seahorses were merely seafood, not prohibited items.  The Defendant, trusting MAIDEEN and unaware of Hong Kong law, did not declare the items at customs and was intercepted.

15.  Ms Po further said that there was no evidence that the Defendant was involved in any syndicate or orchestrated the crime.  The quantity involved is 36.1 kg, considered not particularly large.  The Defendant has no prior criminal convictions in Hong Kong and pleaded guilty at the earliest opportunity, showing remorse and accepting responsibility, thus qualifying for a one-third sentence reduction.  As both offences stem from the same incident, Ms Po invites the Court to consider imposing largely concurrent sentences under the totality approach, allowing the Defendant to be released and return home.

Sentencing Considerations

16.  The maximum sentence upon indictment is a fine of $1,000,000 and to imprisonment for 7 years.  There are currently no sentencing guidelines from the Court of Appeal regarding the two charges brought against the defendant.  However, in paragraph 17 of the judgment in HKSAR v Xiao Rongqiang 肖荣强 [2022] 4 HKLRD 764, the Court of Appeal stated as follows: -

“Human greed has endangered many species and brought severe adverse effect to the global environment and ecosystem. All crimes that threaten the survival of endangered species must be deterred, the purpose of which is not only to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora to which Hong Kong has acceded, but also to ensure that endangered species are properly protected from the risk of extinction.”

17.  I have taken into account everything urged in mitigation by Ms Po on behalf of the Defendant.  Apart from Xiao Rongqiang, Ms Po also drew my attention to two District Court sentencing cases on similar charges.  The first case was HKSAR v Patrick Setioso & Ors [2019] HKDC 1347, in which three defendants transported 40.4 kg of dried seahorses valued at over HK$600,000.  The second and third defendants, both acting as couriers who travelled for free, each received a starting sentence of 9 months' imprisonment for each charge.  Another case was HKSAR v Wong Kam Shui [2023] HKDC 253, in which the defendant, acting as consignor, was intercepted in possession of 73.94 kg of dried seahorses, with an estimated value of approximately HK$970,000.  The court adopted a starting point of 15 months’ imprisonment for each of the three charges.  After considering the defendant’s guilty plea and applying the totality principle, the final sentence imposed was 14 months’ imprisonment.

18.  I have carefully considered Ms Po’s submissions.  She invites the Court to consider a starting point for sentencing similar to the Patrick Setioso case, namely 9 months, due to comparable circumstances and the weight of dried seahorses involved.  The Defendant has shown significant remorse during his 9-month remand and hopes that any sentence imposed will be close to the time already served, allowing him to return to Jordan and reunite with his family.

19.  Ms Po should be aware that the District Court decisions are not binding on me.  Furthermore, in the Xiao Rongqiang case that she cited, the Court of Appeal noted that the sentence in the Patrick Setioso case was unduly lenient.  In paragraphs 28 and 29 of its judgment, the Court of Appeal in Xiao Rongqiang reviewed two District Court cases involving the illegal importation of Appendix II species.  The first case, Patrick Setioso, concerned approximately 10 kilograms of dried seahorses valued at over $200,000, while the second case, HKSAR v Hiraguchi Naoki (DCCC  1192/2018), involved 60 live Ryukyu black-breast leaf turtles with an estimated value ranging from HK$510,000 to HK$2,400,000.  The Court of Appeal observed that the starting points of 9 months and 21 months’ imprisonment adopted respectively in these cases were “neither adequate to reflect the gravity of the offence of illegal import of endangered species, nor are they binding on this court.”

20.  Coming back to the present case, it is my view that 36.1 kilograms of dried endangered seahorses, equivalent to 10,585 individual specimens, valued at approximately $469,300 constitutes a substantial quantity and cannot be considered insignificant.  The court has a duty to send out a clear and unequivocal message to the public that any offence involving endangered species will be seriously dealt with in order to safeguard biodiversity.  Therefore the sentence must carry a deterrent effect to prevent others from committing similar offences.  I accept that the Defendant’s role in this case was that of a courier, and there is no evidence of any organized syndicate behind the offences. The dried seahorses in question were placed beneath snacks rather than hidden in a concealed compartment of the luggage.

21.  Given the need to strictly deter crimes against endangered species and considering the nature, quantity, value of the endangered species involved and the relevant authorities, I come to the view that the appropriate starting point for each of the charges is 21 months’ imprisonment.  After deducting the customary one-third discount for plea, the sentence on each charge is 14 months’ imprisonment. Apart from the guilty plea, I see no justifications for further reducing the individual sentences.  

22.  Having considered all the circumstances of the case, it is ordered that both sentences will run concurrently, resulting in a total term of 14 months’ imprisonment.