72 lines
4.3 KiB
YAML
72 lines
4.3 KiB
YAML
plaintiff:
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- HKSAR
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defendant:
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- GAO Huachang (D1)
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- GAO Shixin (D2)
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- CAI Jingxiang (D3)
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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.
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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).
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jurisdiction_code: HKDC
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jurisdiction_name: District Court of the Hong Kong Special Administrative Region
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case_location: Tsim Kong Tung near Yung Shue Au, Sha Tau Kok, Hong Kong
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case_object:
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- Theft of endangered Incense Tree (Aquilaria sinensis) wood
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- Illegal remaining in Hong Kong after unlawful entry
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judgment_result:
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- charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
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defendant: GAO Huachang (D1)
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result: Guilty plea, sentenced to 35 months imprisonment
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- charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
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defendant: GAO Huachang (D1)
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result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
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- charge: Total sentence
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defendant: GAO Huachang (D1)
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result: 38 months imprisonment
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- charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
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defendant: GAO Shixin (D2)
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result: Guilty plea, sentenced to 30 months imprisonment
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- charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
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defendant: GAO Shixin (D2)
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result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
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- charge: Total sentence
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defendant: GAO Shixin (D2)
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result: 33 months imprisonment
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- charge: Theft contrary to section 9 of the Theft Ordinance, Cap.210
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defendant: CAI Jingxiang (D3)
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result: Guilty plea, sentenced to 35 months imprisonment
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- charge: Remaining in Hong Kong without authority after landing unlawfully contrary to section 38(1)(b) of the Immigration Ordinance Cap.115
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defendant: CAI Jingxiang (D3)
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result: Guilty plea, sentenced to 15 months imprisonment (3 months consecutive)
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- charge: Total sentence
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defendant: CAI Jingxiang (D3)
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result: 38 months imprisonment
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involved_entities:
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- entity_name: Deputy District Judge A. Yim
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reason: Presiding judge who delivered the sentence and reasons for sentence
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- entity_name: Miss Sheroy Tam
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reason: Senior Public Prosecutor from Department of Justice representing HKSAR
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- entity_name: Department of Justice
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reason: Prosecution authority representing HKSAR
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- entity_name: Mr Kam Yee Wai Andrew
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reason: Defense counsel from Messrs. Kam & Fan, assigned by Director of Legal Aid, representing all defendants
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- entity_name: Messrs. Kam & Fan
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reason: Law firm providing legal representation for defendants
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- entity_name: Director of Legal Aid
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reason: Authority that assigned legal representation for defendants
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- entity_name: Director of Immigration
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reason: Authority whose authorization was required for lawful remaining in Hong Kong
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- entity_name: Mr Pang Kuen-shum
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reason: Conservation Officer from Agriculture Fisheries and Conservation Department who provided expert statement on endangered species impact
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- entity_name: Agriculture Fisheries and Conservation Department
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reason: Government department responsible for flora conservation, provided expert evidence on impact to endangered species
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