13 Jan 1987
THE QUEEN v. HO SIU LUN AND OTHERS
- Citation
- THE QUEEN v. HO SIU LUN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC257/1986
On the evidence before the trial judge there was no direct or sufficiently compelling circumstantial proof to satisfy the standard of proof beyond reasonable doubt that the applicant assisted the passage rather than being a mere passenger; accordingly the conviction was unsafe and must be quashed. Separately, the sentencing judge properly treated the defendants as participants in an enterprise carried out for substantial gain and the imposed sentences of 3 years were not excessive in context.