plaintiff:
  - HKSAR

defendant:
  - GAO Huachang (D1)
  - GAO Shixin (D2)
  - CAI Jingxiang (D3)

case_reason: Theft of endangered Incense Tree (Aquilaria sinensis) wood and illegal remaining in Hong Kong after unlawful entry. The defendants entered Hong Kong illegally and stole 44.8kg of Incense Tree wood by cutting, causing irreplaceable damage to Hong Kong's natural forests and endangered flora.

judgment_summary: The three defendants pleaded guilty to theft and illegal remaining charges. They were arrested on 29 May 2013 while carrying 44.8kg of Incense Tree wood (valued at $3,863,000) and tools for harvesting. They had entered Hong Kong unlawfully between 27-29 May 2013. The court adopted a starting point of 3.5 years' imprisonment for theft, reduced by 1/3 for guilty pleas. D2 received additional reduction due to his young age (19 at time of offence). The prosecution successfully applied for 25% sentence enhancement under section 27(2) of the Organized and Serious Crimes Ordinance due to the harm caused to the community and endangered species. Final sentences: D1 and D3 received 38 months imprisonment (35 months for theft + 3 months consecutive for illegal remaining); D2 received 33 months imprisonment (30 months for theft + 3 months consecutive for illegal remaining).

jurisdiction_code: HKDC

jurisdiction_name: District Court of the Hong Kong Special Administrative Region

case_location: Tsim Kong Tung near Yung Shue Au, Sha Tau Kok, Hong Kong

case_object:
  - Theft of endangered Incense Tree (Aquilaria sinensis) wood
  - Illegal remaining in Hong Kong after unlawful entry

judgment_result:
  - charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
    defendant: GAO Huachang (D1)
    result: Guilty plea, sentenced to 35 months imprisonment
  - charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
    defendant: GAO Huachang (D1)
    result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
  - charge: Total sentence
    defendant: GAO Huachang (D1)
    result: 38 months imprisonment
  - charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
    defendant: GAO Shixin (D2)
    result: Guilty plea, sentenced to 30 months imprisonment
  - charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
    defendant: GAO Shixin (D2)
    result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
  - charge: Total sentence
    defendant: GAO Shixin (D2)
    result: 33 months imprisonment
  - charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
    defendant: CAI Jingxiang (D3)
    result: Guilty plea, sentenced to 35 months imprisonment
  - charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
    defendant: CAI Jingxiang (D3)
    result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
  - charge: Total sentence
    defendant: CAI Jingxiang (D3)
    result: 38 months imprisonment

involved_entities:
  - entity_name: Deputy District Judge A. Yim
    reason: Presiding judge who delivered the sentence and reasons for sentence
  - entity_name: Miss Sheroy Tam
    reason: Senior Public Prosecutor from Department of Justice representing HKSAR
  - entity_name: Department of Justice
    reason: Prosecution authority representing HKSAR
  - entity_name: Mr Kam Yee Wai Andrew
    reason: Defense counsel from Messrs. Kam & Fan, assigned by Director of Legal Aid, representing all defendants
  - entity_name: Messrs. Kam & Fan
    reason: Law firm providing legal representation for defendants
  - entity_name: Director of Legal Aid
    reason: Authority that assigned legal representation for defendants
  - entity_name: Director of Immigration
    reason: Authority whose authorization was required for lawful remaining in Hong Kong
  - entity_name: Mr Pang Kuen-shum
    reason: Conservation Officer from Agriculture Fisheries and Conservation Department who provided expert statement on endangered species impact
  - entity_name: Agriculture Fisheries and Conservation Department
    reason: Government department responsible for flora conservation, provided expert evidence on impact to endangered species

