THE QUEEN v. MA MAN HO AND OTHERS

THE QUEEN v. MA MAN HO AND OTHERS

Given the legislative purpose of s.18A to deter large-scale smuggling and the prevalent scale and harm of the activity, immediate custodial sentences are appropriate and a suspended sentence is inappropriate; the magistrate acted within proper sentencing discretion and the appeals against sentence are dismissed.

Citation
THE QUEEN v. MA MAN HO AND OTHERS
Parties
Respondent: THE QUEEN; 1st Appellant: MA MAN HO; 2nd Appellant: WONG KAM WAH; 3rd Appellant: WONG KAM TONG; 4th Appellant: WONG SHU KIN; 5th Appellant: CHAN KAM FAI; 6th Appellant: FUNG CHI MAN; 7th Appellant: LAU YIU CHUEN; 8th Appellant: PO KAM SHING; 9th Appellant: CHOW KAM; 10th Appellant: LEUNG FOK TSE; 11th Appellant: CHOW WAH CHAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 1992
Case Number
HCMA89/1992
Procedural Posture
Magistracy Appeal Against Sentence Under Import and Export Ordinance / Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Conspiracy, Smuggling, Sentence Deterrence, Suspended Sentence
Source Language
EN
Criminal Law Customs and Import Export Regulation Sentencing Law Conspiracy Smuggling Sentence Deterrence Suspended Sentence

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Parties

THE QUEEN

Respondent

MA MAN HO

1st Appellant

WONG KAM WAH

2nd Appellant

WONG KAM TONG

3rd Appellant

WONG SHU KIN

4th Appellant

CHAN KAM FAI

5th Appellant

FUNG CHI MAN

6th Appellant

LAU YIU CHUEN

7th Appellant

PO KAM SHING

8th Appellant

CHOW KAM

9th Appellant

LEUNG FOK TSE

10th Appellant

CHOW WAH CHAI

11th Appellant

Procedural Posture

Magistracy Appeal Against Sentence Under Import and Export Ordinance / Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether immediate custodial sentences are required as a deterrent for conspiracy to deal with cargo with intent to assist export without a manifest contrary to s.18A(1)(c) Import and Export Ordinance
  2. 2 Whether a suspended sentence is appropriate for first offenders in large-scale smuggling cases
  3. 3 Extent of judicial deference to magistrates' sentencing discretion and to prosecutorial indications not to seek review

Ratio Decidendi

Given the legislative purpose of s.18A to deter large-scale smuggling and the prevalent scale and harm of the activity, immediate custodial sentences are appropriate and a suspended sentence is inappropriate; the magistrate acted within proper sentencing discretion and the appeals against sentence are dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • D1 ordered to be detained in a Detention Centre.