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[English Translation – 英譯本]

HCMA 606/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 606 OF 2013

(ON APPEAL FROM FLCC 1491/2013)

_______________

|BETWEEN | | |

| |HKSAR |Respondent |

| |and | |

| |DIAO RUI（刁銳） |1st Appellant |

| |CHEN RONG YAO（陳榮耀） |2nd Appellant |

_______________

Before: Deputy High Court Judge Albert Wong

Dates of Hearing: 11, 18 March and 17 April 2014

Date of Judgment: 26 May 2014

JUDGMENT

1. The two appellants herein were, respectively, the first defendant (“D1”) and the second defendant (“D2”) at trial. They faced the following charges:

D1

Charge 1: Importing unmanifested cargo[1];

Charge 3: Carrying a cargo into Hong Kong in or on a prescribed vehicle without lodging information (“the Failure to Bundle Information Offence”)[2];

Charge 5: Importing specimens of Appendix II and Appendix III species otherwise than in accordance with the provisions of section 11(1) of Cap 586[3] (“the Endangered Species Offence”);

Charge 6: Importing plant pests otherwise than in accordance with the provisions of section 7 of the Plant (Importation and Pest Control) Ordinance, Cap 207[4] (“the Pest Offence”).

D2

Charge 2: Importing unmanifested cargo[5];

Charge 4: Importing an undeclared cargo in or on a prescribed vehicle[6] (“the Failure to Make Electronic Customs Declaration Offence”).

2....