27 Feb 1992
R. v. CHU WING KUEN AND ANOTHER
- Citation
- R. v. CHU WING KUEN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC398/1991
Given the proved facts that the vessel was within Hong Kong waters and that the eight persons on board were presumed illegal entrants under s.37K, Tsang failed to discharge the statutory onus under s.37C(2)(b); the trial judge’s adverse credibility findings were open to him and the conviction is therefore safe. As to sentence, the captain’s knowledge, role and possession of altered documents justified the 4.5 year sentence which is not manifestly excessive. The delay in transcribing the Reasons for Verdict was improper practice and should be avoided.