plaintiff:
- HKSAR
defendant:
- GAO Huachang
- GAO Shixin
- CAI Jingxiang
jurisdiction_code: HKCA
jurisdiction_name: 香港特別行政區高等法院上訴法庭
case_location:
- 香港特別行政區
case_reason: >-
  Defendants, having illegally entered Hong Kong, were jointly charged with theft and illegal remain,罪
case_object:
- Incense Tree
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: >-
  本案涉及被告GAO Huachang、GAO Shixin及CAI Jingxiang非法入境香港并盗窃Incense Tree一案。法院审理了盗窃罪和非法滞留罪的核心争议，认为三名被告共同策划盗伐濒危植物，性质恶劣且数量较大，判处GAO
  Huachang和GAO Shixin各38个月监禁，CAI Jingxiang33个月监禁。对于盗窃罪，法院以3.5年为起点，并考虑认罪等因素减刑25%，最终确定GAO Huachang和GAO Shixin的刑期分别为35个月，CAI
  Jingxiang为30个月。非法滞留罪方面，依据So Man-king案判例判处各15个月监禁。综合考量后，法院决定将
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.