Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Smuggling of migrants
  • 22 Dec 1980

    ATTORNEY GENERAL v. LEUNG CHEUNG AND OTHERS

    Citation
    ATTORNEY GENERAL v. LEUNG CHEUNG AND OTHERS
    Court
    Court of Appeal
    Case number
    CAAR14/1980

    The Court held the District Court sentence of one year for aiding passage of unauthorised entrants was wrong in principle and manifestly inadequate and substituted two years; the High Court sentences of three years each for ownership and use of a vessel to smuggle entrants were manifestly inadequate and substituted five years imprisonment each. Sentencing must reflect the deliberate planned nature of commercial smuggling, the large financial gain, and the legislative intention evident in Part VIIA; medium serious planned land/vehicle cases warrant about two years, serious ship‑owner commercia…