9 Nov 1995
The court held the sentence was appropriate and not excessive because the applicant's conduct—steering an overloaded vessel at speed in darkness and rough seas causing collisions and endangering 14 unauthorised entrants—was gravely hazardous; mitigating factors did not justify reducing the custodial sentence imposed.
6 Oct 1995
The Court refused to interfere with the sentence because, applying established sentencing principles and the need for deterrence in illegal immigration cases, the sentence of three years and eleven months was appropriate and in fact lenient; the applicant's family and coercion claims were insufficient to justify reduction despite the trial judge's failure to state the starting point explicitly.
7 Mar 1984
The appeal was allowed in part: the magistrate correctly found on admissible eyewitness evidence that the appellant failed to keep a proper lookout and COLREGs applied to Tai Tam Bay under Cap.313 and the jetski qualified as a 'vessel' and 'pleasure vessel' under the regulations as deemed by the new Ordinance, so convictions for endangering safety at sea (A) and for being underway without valid certificates (C and D) were upheld; however charge B duplicated the substance of A and, by merger principle, the conviction on B was quashed.