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The magistrate erred in treating r.6(1D)(a) as a right and in artificially splitting the single act of exporting 3.6 kg into an exempt 1.8 kg export and a separate criminal act; r.6(1D)(a) is an exemption applicable only where the total quantity does not exceed 1.8 kg, so the respondent's conduct constituted an attempt to export 3.6 kg and is not partially exempt.
Source excerpt
The Court of Final Appeal dismissed leave to appeal in a case about attempting to export unmanifested cargo, holding the arrangements made were enough to sustain the conviction.
Criminal appeal against conviction dismissed. The court held that voice identification, supported by frequent dealings and other evidence, was safe and that the magistrate gave adequate warning.
Magistracy appeal against sentence for false or misleading particulars in export licence applications. The court reduced the fine to HK$150,000, applying a benefit-stripping and punitive approach.
Appeal against sentence allowed in part: the fine for false or misleading export-licence information was reduced from HK$1.2 million to HK$1 million.
The Court of Appeal allowed an out-of-time criminal appeal and reduced the sentence for assisting an unauthorized entrant to six months, applying parity with a co-accused.
Appeal allowed in a magistracy export-control case; the High Court reduced the appellant shipping company’s fine from HK$200,000 to HK$20,000 after considering mitigation.
Appeal against conspiracy-to-defraud convictions in a Hong Kong textile quota fraud case was allowed because the evidence, especially accomplice testimony, was unsafe.
High Court appeal against forfeiture of 650 video tape recorders dismissed after the court found the claimant was knowingly involved in smuggling into China.
Appeals against sentence were allowed, and the original fines for false export-licence statements were replaced with lower fines based on a percentage guideline.
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