Incoming passenger convicted and jailed for possession of duty-not-paid cigarettes
An incoming female passenger was sentenced to a total of 14 weeks' imprisonment with a fine of $2,000 by the Fanling Magistrates' Courts on September 8 for possessing duty-not-paid cigarettes and failing to declare them to Customs officers, in contravention of the Dutiable Commodities Ordinance (DCO).
Customs officers first intercepted the incoming 49-year-old local female passenger at the Heung Yuen Wai Boundary Control Point on June 11, and seized 1 181 duty-not-paid cigarettes from her baby stroller. The female passenger was subsequently arrested and released on bail. Customs officers intercepted the female passenger again at the Lok Ma Chau Spur Line Control Point on August 22 and seized 2 941 duty-not-paid cigarettes from her and her personal baggage. The female passenger was subsequently arrested again. A total of 4 122 duty-not-paid cigarettes, with an estimated total market value of about $20,000 and a total duty potential of about $13,600, were seized in the two interceptions.
Customs welcomes the sentence. The custodial sentence has imposed a considerable deterrent effect and reflects the seriousness of the offences. Members of the public should not defy the law.
Customs reminds members of the public that under the DCO, cigarettes are dutiable goods to which the DCO applies. Any person who imports, deals with, possesses, sells or buys illicit cigarettes commits an offence. The maximum penalty upon conviction is a fine of $2 million and imprisonment for seven years.
Members of the public may report any suspected illicit cigarette activities to Customs' 24-hour hotline 182 8080 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
An incoming female passenger was sentenced to a total of 14 weeks' imprisonment with a fine of $2,000 by the Fanling Magistrates' Courts on September 8 for possessing duty-not-paid cigarettes and failing to declare them to Customs officers, in contravention of the Dutiable Commodities Ordinance. Photo shows the duty-not-paid cigarettes, and the personal baggage and clothing used to conceal the duty-not-paid cigarettes seized by Customs officers in the second interception. Source: HKSAR Government Press Releases
An incoming female passenger was sentenced to a total of 14 weeks' imprisonment with a fine of $2,000 by the Fanling Magistrates' Courts on September 8 for possessing duty-not-paid cigarettes and failing to declare them to Customs officers, in contravention of the Dutiable Commodities Ordinance. Photo shows the duty-not-paid cigarettes seized by Customs officers from the baby stroller carried by the incoming female passenger in the first interception. Source: HKSAR Government Press Releases
Court of First Instance hands down sentences in incitement to subversion case of "Hong Kong Alliance"
Regarding the case concerning the "Hong Kong Alliance" (the Alliance), Lee Cheuk-yan, Ho Chun-yan and Chow Hang-tung, who were charged with incitement to subversion (contrary to Article 23 of the Hong Kong National Security Law (HKNSL)), following the verdict of conviction delivered by the Court of First Instance of the High Court on August 21, sentences were handed down today (September 11). Chow Hang-tung was sentenced to imprisonment for seven years and three months, and Lee Cheuk-yan was sentenced to imprisonment for seven years. Ho Chun-yan, who had earlier pleaded guilty, was sentenced to imprisonment for five years and two months, and the "Hong Kong Alliance" was sentenced to a fine of $1,500,000.
Prison van arrives at court. Photo by Bastille Post
The court ruled that the present case was of a "serious nature", pointing out that although the HKNSL had been implemented at the material time, some individuals were still unwilling to accept the exercise of sovereignty by the state over the Hong Kong Special Administrative Region, nor were they willing to accept the constitutional order established by the Constitution of the People's Republic of China (the Constitution) and the Basic Law. The defendants engaged in criminal acts of incitement amid a turbulent and unsettled social atmosphere, putting national security and public order at greater risk. The defendants possessed mobilising power and influence in Hong Kong. Their criminal activities persisted for as long as 14 months, and were committed through various activities and online platforms. The relevant activities were city-wide with an extensive reach, influencing people of different age groups, and their potential harm must not be underestimated. Despite the defendants' belief that their agenda might be in breach of the Constitution and the HKNSL, they recalcitrantly pursued their course of conduct after the HKNSL came into effect, vigorously advocating and promoting their agenda, which was premeditated.
The court reiterated in its reasons for sentence that the HKNSL had no retrospective effect and that the defendants were put on trial not because of their political ideology or their conduct before the HKNSL. They were convicted solely on the basis that they had committed acts prohibited under the HKNSL after the HKNSL came into effect.
The Chief Executive, Mr John Lee, Photo source: reference image
The Chief Executive, Mr John Lee, said, "The court has pointed out clearly in its reasons for the verdict of conviction handed down earlier that the very aim of the Alliance's agendas was to overthrow and undermine the leadership by the Communist Party of China (CPC) under the Constitution. The defendants intended to cause others to lose confidence in the CPC by stirring up hostility and causing division, so as to achieve the objective of undermining the fundamental system of the People's Republic of China (PRC). After the implementation of the HKNSL, the defendants refused to pull back from the brink and were bent on acting wilfully, attempting to make use of the Alliance to subvert state power.
"This case shows that anyone who intends to incite subversion and endanger national security will ultimately be punished in accordance with the law and such acts will absolutely not be tolerated. The law never allows anyone to openly harm one's own country and compatriots by employing confounding tactics under the pretext of human rights, democracy and freedom. As pointed out by the court in the reasons for verdict, what the defendants did in this case had already gone beyond the scope of lawful freedom of expression, and constituted acts of inciting others to subvert state power by unlawful means. The sentences today demonstrate the court's confirmation that the offences committed by the defendants were extremely serious and warrant severe punishment to uphold the rule of law."
The case was sentenced at West Kowloon Magistrates’ Courts. Photo by Bastille Post
A spokesman for the Hong Kong Special Administrative Region (HKSAR) Government said, "The Constitution of the PRC is the fundamental law of the state. The Constitution and the Basic Law jointly establish the constitutional order of the HKSAR. The basic and core components of the Constitution, such as those related to constitutional order, national sovereignty, unity and territorial integrity, shall apply to the HKSAR. The core of the constitutional order of the state is the establishment of the CPC's position as the governing party. The leadership by the CPC is the core of the fundamental system of the PRC established by the Constitution. Article 1 of the Constitution expressly prohibits any organisation or individual from damaging the socialist system. Article 22 of the HKNSL explicitly prohibits anyone from organising, planning, committing or participating in acts by force, threat of force or other unlawful means with a view to subverting state power, such as overthrowing or undermining the fundamental system of the PRC established by the Constitution, or overthrowing the body of central power of the PRC. Under the Constitution, overthrowing or undermining the leadership status of the CPC is tantamount to overthrowing or undermining the fundamental system of the PRC established by the Constitution to which Article 22 of the HKNSL refers."
The spokesman also pointed out, "The HKSAR Government has noticed that various western countries, anti-China organisations, politicians and foreign media have recently launched malicious attacks and smears on various cases including this case. The HKSAR Government has reiterated on multiple occasions, just as the court has stated clearly, the defendants of this case were put on trial not because of their political views or beliefs. The court would only consider the laws and evidence relevant to the case to decide whether the prosecution is able to prove the charge beyond reasonable doubt. All defendants received a fair trial strictly in accordance with laws applicable to Hong Kong, as guaranteed by the Basic Law and the Hong Kong Bill of Rights, free from any interference."
The spokesman stressed, "The HKSAR Government has the responsibility to safeguard national security, and will resolutely combat acts and activities endangering national security. In this regard, the HKSAR Government will, in accordance with the principle of the rule of law, ensure that laws are observed and strictly enforced to bring offenders to account, and prevent, suppress and punish acts and activities endangering national security in accordance with the law."
Photo source: reference image
