2 Feb 2005
HKSAR v. WONG CHI KIN
- Citation
- HKSAR v. WONG CHI KIN
- Court
- Court of Appeal
- Case number
- CACC357/2004
The Court upheld the established sentencing tariff for s37D offences and confirmed that the statutory mischief is the bringing in of unauthorised entrants irrespective of purpose; the immigration offence is not subsumed by a concurrent handling offence and where the accused was in charge of an unseaworthy vessel or involved in an enterprise with additional offences, the higher starting points and cumulative sentences are appropriate; the respective total sentences (5 years for CACC 357/2004 and 3 years 10 months for CACC 410/2004) were not excessive and were accordingly affirmed.