plaintiff:
- HKSAR
defendant:
- GAO Huachang
- GAO Shixin
- CAI Jingxiang
jurisdiction_code: HKCA
jurisdiction_name: Court of Appeal of the High Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Defendants, having illegally entered Hong Kong, were jointly charged with theft and illegal remaining;
  they pleaded guilty and admitted the facts, leading to their conviction.
case_object:
- illegal remaining
- theft
judgment_result:
- charge: Theft charge (liability issue)
  result: Allowed. The court considered the appropriate starting point for the theft charge to be 3.5
    years’ imprisonment, with a reduction of 1/3 due to pleas and further reductions based on mitigating
    factors.
- charge: Theft charge (quantum issue)
  result: Enhanced by 25%. The court considered the nature and extent of harm caused to the community
    and enhanced the sentence accordingly. The final sentences are 38 months for D1 and D3, and 33 months
    for D2.
- charge: Illegal remaining in Hong Kong (liability issue)
  result: Allowed. The court referred to the tariff in So Man-king [1989] 1 HKLR 142 and sentenced each
    defendant to 15 months’ imprisonment for their respective illegal remaining charge.
- charge: Total sentence (quantum issue)
  result: The sentences were ordered to be served consecutively. D1 and D3 have a total of 38 months,
    while D2 has a total of 33 months imprisonment.
judgment_summary: >-
  In this case, HKSAR prosecuted GAO Huachang, GAO Shixin, and CAI Jingxiang for theft and illegal remaining
  in Hong Kong after they illegally entered the city with tools to harvest Incense Tree. The court found
  them guilty based on premeditated intent and significant quantity involved. Assessing evidence, the
  court considered a starting point of 3.5 years for the theft charge, reduced by pleas and mitigating
  factors, resulting in sentences of 24 months for GAO Shixin (D2), 30 months for GAO Huach
involved_entities:
- entity_name: Deputy District Judge A. Yim
  reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Miss Sheroy Tam, SPP, of the Department of Justice
  reason: Counsel representing HKSAR.
- entity_name: Mr Kam Yee Wai Andrew, of Messrs. Kam & Fan, assigned by the Director of Legal Aid
  reason: Counsel representing all Defendants.
- entity_name: HKSAR
  reason: Government department involved in the prosecution.
- entity_name: GAO Huachang (D1)
  reason: Defendant in the case.
- entity_name: GAO Shixin (D2)
  reason: Defendant in the case.
- entity_name: CAI Jingxiang (D3)
  reason: Defendant in the case.
