Mainlander jailed for fraud over counterfeit cigarette smuggling
2004-3-17
A Mainlander was today (Wednesday) sentenced to 12 months' imprisonment at District Court for his role in smuggling counterfeit cigarettes from Hong Kong to Vietnam.
The court heard that the counterfeit cigarettes would have been worth about $19 million had they been of the genuine brand.
Chen Xiaobao, 35, pleaded guilty to one count of conspiracy to defraud the Customs and Excise Department (C&E) in relation to applications for export permits. The court ordered another similar charge be left on file.
In sentencing, Judge Gill reprimanded the defendant for his part in the scam, which might bring a bad reputation for Hong Kong.
The case arose from a corruption complaint, alleging that a C&E employee might have been bribed to facilitate the smuggling of counterfeit cigarettes.
The court heard that in 1997, Chen, who was involved in the supply of counterfeit cigarettes, came to know Chow Kim-pan, Yeung Kam-fai, Or Kwok-wai, Paul Chan Chung-yan and Chan Sik-man. The latter were members of a syndicate engaged in smuggling counter feit cigarettes from the Mainland to Southeast Asian countries via Hong Kong.
Or introduced Chen to Hsu Kam-wing, a former Clerical Assistant of C&E's Office of Dutiable Commodities Administration responsible for processing applications for permits to export cigarettes.
The court heard that between June 12 and July 25, 1997, Chen, conspiring with Chow, Yeung, Or, Hsu, Chan Chung-yan, Chan Sik-man and other persons, submitted to C&E a number of applications for export permits.
They had dishonestly represented in these applications that goods to be shipped to Haiphong in Vietnam were " Marlboro " soft pack cigarettes.
The court heard that with the corrupt assistance of Hsu, the export permits concerned were issued. As a result, a total of 10 containers loaded with counterfeit " Marlboro " cigarettes were shipped from Hong Kong to Vietnam.
The court also heard that Hsu and syndicate members, including Yeung, Or, Chan Chung-yan and Chan Sik-man, were earlier charged with offences of corruption, conspiracy to pervert the course of public justice, conspiracy to defraud and forgery, which took place between 1997 and 1999. All of them were convicted and received custodial sentences ranging from 11 months to four years and three months.
Chen was not in Hong Kong when the ICAC investigation turned overt. He was arrested in September last year upon entering Hong Kong.
The prosecution was today represented by Jonathan Acton-Bond on a fiat, assisted by ICAC officers Clement Cheng and Martin Lee.
The court heard that the counterfeit cigarettes would have been worth about $19 million had they been of the genuine brand.
Chen Xiaobao, 35, pleaded guilty to one count of conspiracy to defraud the Customs and Excise Department (C&E) in relation to applications for export permits. The court ordered another similar charge be left on file.
In sentencing, Judge Gill reprimanded the defendant for his part in the scam, which might bring a bad reputation for Hong Kong.
The case arose from a corruption complaint, alleging that a C&E employee might have been bribed to facilitate the smuggling of counterfeit cigarettes.
The court heard that in 1997, Chen, who was involved in the supply of counterfeit cigarettes, came to know Chow Kim-pan, Yeung Kam-fai, Or Kwok-wai, Paul Chan Chung-yan and Chan Sik-man. The latter were members of a syndicate engaged in smuggling counter feit cigarettes from the Mainland to Southeast Asian countries via Hong Kong.
Or introduced Chen to Hsu Kam-wing, a former Clerical Assistant of C&E's Office of Dutiable Commodities Administration responsible for processing applications for permits to export cigarettes.
The court heard that between June 12 and July 25, 1997, Chen, conspiring with Chow, Yeung, Or, Hsu, Chan Chung-yan, Chan Sik-man and other persons, submitted to C&E a number of applications for export permits.
They had dishonestly represented in these applications that goods to be shipped to Haiphong in Vietnam were " Marlboro " soft pack cigarettes.
The court heard that with the corrupt assistance of Hsu, the export permits concerned were issued. As a result, a total of 10 containers loaded with counterfeit " Marlboro " cigarettes were shipped from Hong Kong to Vietnam.
The court also heard that Hsu and syndicate members, including Yeung, Or, Chan Chung-yan and Chan Sik-man, were earlier charged with offences of corruption, conspiracy to pervert the course of public justice, conspiracy to defraud and forgery, which took place between 1997 and 1999. All of them were convicted and received custodial sentences ranging from 11 months to four years and three months.
Chen was not in Hong Kong when the ICAC investigation turned overt. He was arrested in September last year upon entering Hong Kong.
The prosecution was today represented by Jonathan Acton-Bond on a fiat, assisted by ICAC officers Clement Cheng and Martin Lee.