Hong Kong Case Law: Decisions & Judgments

Topic

Aiding and abetting illegal immigrants

Legal area

Court

5 Dec 2008

HKSAR v. LEE KWAI WING

Citation

HKSAR v. LEE KWAI WING
Court

Court of Appeal
Case number

CACC56/2008

The Court concluded that the conduct constituting the three charges was part of the same transaction and there was not a clean break between assisting passage, aiding landing and unlawful remaining; accordingly the sentence for unlawful remaining should be only partly consecutive (an additional 8 months) to the 40-month sentence for the first two charges, reducing the total sentence from 55 to 48 months, with a five-year starting point for the first charge being appropriate and the 16-month sentence for the second charge concurrent.
14 Feb 1990

THE QUEEN v. LAW WAN LAM

Citation

THE QUEEN v. LAW WAN LAM
Court

Court of First Instance
Case number

HCMA57/1990

Given the aggravating feature of offering employment to illegal immigrants and the established tariff of 15 months for illegal immigrants, the magistrate's concurrent sentences of 9 months — after allowing for plea and good character — were not wrong in principle or manifestly excessive; appeal dismissed.
12 Nov 1984

THE QUEEN v. CHEUNG WING KWAN

Citation

THE QUEEN v. CHEUNG WING KWAN
Court

Court of First Instance
Case number

HCMA638/1984

Where the defendant assisted close relatives to remain in Hong Kong without financial motive, a custodial sentence was excessive; given precedents and the Crown's concession, the proper course was to reduce the 12 month sentence to one permitting immediate release (time served).
30 Oct 1980

AU YEUNG CHOI LING v. THE QUEEN

Citation

AU YEUNG CHOI LING v. THE QUEEN
Court

Court of Appeal
Case number

CACC615/1980

Appeal dismissed because the evidence supported the magistrate's findings that six illegal immigrants were present and that the appellant's caution statement was voluntary; the failure to call PW1 was not fatal where PW4 adequately covered the episode and the magistrate's voluntariness finding was unchallenged.
7 Aug 1980

CHAN SHING v. THE QUEEN

Citation

CHAN SHING v. THE QUEEN
Court

Court of Appeal
Case number

CACC573/1980

Where assistance to illegal immigrants is shown to be motivated solely by a genuine familial obligation, without financial reward, on an isolated occasion and the offender is of good character with family and employment responsibilities, the case falls outside the 12‑month tariff and a lesser custodial sentence is warranted; accordingly the original 12‑month sentence was reduced to 6 months.
12 Jul 1980

LEUNG CHUN CHUNG v. THE QUEEN

Citation

LEUNG CHUN CHUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC509/1980

The appeal was allowed and the 12 month immediate custodial sentence was substituted with a fine because the appellant's close family relationship to one immigrant, humanitarian motive, clear antecedents and strong mitigating report placed the case within the rare exception to the established rule that aiding and abetting illegal immigrants normally attracts immediate imprisonment; a substantial fine was deemed an adequate and effective penalty and deterrent in these circumstances.
1 Aug 1978

TSE CHAN-LIT AND ANOTHER v. THE QUEEN

Citation

TSE CHAN-LIT AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC590/1978

Because both appellants assisted illegal immigrants without evidence of pre-arranged profit and because of mitigating factors (compassion, relative status and recent misfortune), the court held that immediate custodial sentences were excessive: the first appellant's six-month sentence was reduced to 20 days (effecting immediate release) and the second appellant, who had already served 20 days and stood in the position of a relative, should have been fined and was ordered released forthwith.

Hong Kong Case Law

HKSAR v. LEE KWAI WING

THE QUEEN v. LAW WAN LAM

THE QUEEN v. CHEUNG WING KWAN

AU YEUNG CHOI LING v. THE QUEEN

CHAN SHING v. THE QUEEN

LEUNG CHUN CHUNG v. THE QUEEN

TSE CHAN-LIT AND ANOTHER v. THE QUEEN