HKSAR v. SHING SIU MING AND OTHERS

CACC000415A/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No. 415
(Criminal)

BETWEEN
HKSAR Respondent
AND
SHING SIU-MING 1st Applicant
KWONG PO-YIN 2nd Applicant
SENG YUET-FONG 3rd Applicant

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Coram: Hon. Power, V.-P., Mayo & Stuart-Moore, JJ.A. in Court

Date of hearing: 29 October 1998

Date of delivery of judgment: 11 November 1998

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court):

1. The 1st Applicant’s application for leave to appeal against sentence is dismissed upon abandonment on 23 October 1998. The 2nd and3rd Applicants seek leave to appeal against their sentences of 7 years’ imprisonment for assisting another to retain the benefitof drug trafficking.

2. It has been accepted by Mr. Blanchflower for the prosecution and Mr. Grounds for the 3rd Applicant that it is not feasible to attemptto lay down guidelines for sentences for this type of offence. The reason for this is the wide range of criminality encountered.

3. Our judgment in respect of the applications for leave to appeal against conviction contained a detailed description of the natureof the conspiracy to traffic in dangerous drugs and the involvement of each of these ladies. Suffice it to say that the traffickingactivities were undertaken on a very substantial scale over a lengthy period of time. Also it can be said that these ladies renderedconsiderable assistance to the 1st Applicant. The 2nd Applicant received benefits from her involvement. The 3rd Applicant who wasan accountant was closely involved in the 1st Applicant’s financial affairs. In the circumstances of the case it is not realisticto attempt to differentiate between the criminality of these two ladies.

4. What can be said is that both ladies were aware or were in a position to have been aware of the implications of their involvement.The Judge was mindful of the necessity of bringing home to anyone who contemplates rendering assistance in this way the dire consequenceswhich will ensue if they are brought to justice. It cannot be said that these sentences were either wrong in principle or manifestlyexcessive. These applications are dismissed.

(N.P. Power) (Simon Mayo) (M. Stuart-Moore)
Vice-President Justice of Appeal Justice of Appeal

Representation:

Mr. M.C. Blanchflower, DPGC and Mr. Alex Lee, SGC (D.P.P.) for Respondent

Kwong Po-yin, 2nd Applicant in person

Mr. Christopher Grounds (Oldham Li & Nie) for 3rd Applicant