Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unseaworthy vessel

  • 17 Sept 2008

    HKSAR v. LAM SHUI SAI

    Citation
    HKSAR v. LAM SHUI SAI
    Court
    Court of Appeal
    Case number
    CACC402/2007

    The appeal was dismissed because the appellant abandoned his challenge to conviction and the appellate court held the sentence of five years six months was within the appropriate range given the appellant's role as steersman, the vessel's unseaworthiness and the seriousness of carrying unauthorised entrants; the trial judge took relevant factors into account and did not err in principle.

  • 15 Apr 1994

    NGAN SAI FAI and Another v. R.

    Citation
    NGAN SAI FAI and Another v. R.
    Court
    Court of Appeal
    Case number
    CACC453/1993

    The Court held that a five-year starting point (excluding unseaworthiness) was appropriate, that only one year (not two) should be added for the unseaworthiness of the sampan, and that a three-year reduction for early guilty pleas, youth and personal circumstances was warranted, resulting in a three-year imprisonment sentence for each applicant; the appeal was allowed and the original five-year sentences set aside.