L
The said SOEN ING FIA was arrested by the Marine Police at
3.
2.2 miles South East of Nine Pin Group of Islands.
4.
Subsequently, the said SOEN ING FIA was charged of the
offence of attempting to export unmanifested cargo and attempting to export
prohibited articles without a licence.
5.
The said SOEN ING FIA pleaded guilty to both offences before
His Worship Mr. Corfe in South Kowloon Magistracy and was sentenced to 4
months imprisonment on 25th February 1981.
The said SOEN ING FIA subsequently appealed against his
sentence being too severe and such appeal was dismissed by the Honourable
7.
Mr. Justice Mayo on 2nd April 1981.
All the legal expenses incurred by the said SOEN ING FIA were
borne by your petitioner.
8.
9.
The Director of Trade Industry and Customs Department served
notice on the said SOEN ING FIA that the said goods which were seized were
liable to forfeiture. Copy of the said notice is hereto produced and marked
"NTI-1".
10.
In response to the said notice your petitioner through his
Solicitors Messrs. King and Company notified the Director of Trade Industry
and Customs Department that your petitioner intended to submit a moral claim
in accordance with Section 30(1) of the Import and Export Ordinance Cap.60
of the laws of Hong Kong. Copy of the said notice is now produced and
marked "NTI-2".
11.
Your petitioner respectfully submits his moral claim to the
said goods and requests for the return of the same to him.
12.
The said goods were purchased in Hong Kong, duties in respect
of which (if any) had already been paid and these had no serious effect on
the revenue of Hong Kong Government.
13.
Your petitioner is now 84 years of age living alone in Hong Kong
and his wife is aged 60 who lives in Macau.
14.
The total assets of your petitioner amount to HK$160,000.00
comprising of an old fishing boat and 2 other old fishing boats which are owned by your petitioner jointly with others. In addition, your petitioner
2
...
has a sum of HK$10,000.00 cash at hand.
15.
The said goods were valued at around HK$120,000.00 which were
purchased on credit and the prices of the said goods remain outstanding. If
they were forfeited your petitioner would suffer a consequence so severe that yo
petitioner would be put into great financial hardship, which your petitioner at
his old age cannot stand.
Dated the 25th
day of
Прия
1981.
吳東禄