TNAG-0802-FCO40-1006-Immigration-from-China-to-Hong-Kong-1978 — Page 200

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(11)

For this offence I was. fined $2,000.00 which I regarded as

being steep since my conduct did not involve any moral turpitude and

I felt that in relation to the lad in the predicament he was in I

acted in a humanitarian manner although I now realize that I ought

not to have given him a lift to the station to meet his brother.

However, the Magistrate informed me that he is imposing that fine

because usually an offence of this nature calls for a custodial

sentence.

(12)

I respectfully submit the following considerations as a

basis of my moral claim

1

(a)

(b)

My case is unlike the usual run-of-the-mill cases in

that I did not assist the lad for any profit or

reward; nor have I ever been engaged in any operation

for the purpose of assisting the entry of illegal

immigrants by the use of a vessel or vehicle in

respect of which forfeiture penalties are primarily

designed to cover such cases.

I have paid a heavy fine for acting without foresight

in giving this pitiful lad a lift in my goods vehicle

which was motivated purely by humanitarian and

compassionate reasons.

(c) My failure to repress the conduct giving rise to my

offence was mitigated by the commiseration I felt for

the lad at the time as he was alone, without warm

clothes or food, and no one to turn to. If I acted

against my better judgment it was consistent with

conduct of a human being seeing another in distress.

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