28 Jul 1994
R. v. WONG YIN LUNG
- Citation
- R. v. WONG YIN LUNG
- Court
- Court of Appeal
- Case number
- CACC52/1994
Under s.37C(1) Immigration Ordinance the correct sentencing framework is: a five year starting point for the captain/person in charge and for those who actively organized the illicit voyage; a four year starting point for crew members simpliciter; aggravating accretions (eg concealment endangering passengers, unseaworthiness) add to the starting point but apply to non-captain crew only if they actively participated in those aggravating circumstances; particulars should identify any person alleged to be captain; youth merits limited discount and does not justify substantial departure from the…