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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by Hon Leung Che-cheung in the Legislative Council today (June 4):
Question:
It has been reported that some lawbreakers engage students who cross the boundary every day to attend school in Hong Kong (students) to conduct smuggling activities. They hide the smuggled goods in the schoolbags of the students in an attempt to bypass inspections by the customs of Hong Kong and the Mainland. In this connection, will the Government inform this Council:
(1) of the number of cases of students smuggling goods detected by the Customs and Excise Department at the various immigration control points (control points) in the past three years, and the number of such cases in which prosecutions were instituted against the persons concerned, with a breakdown by age of students, category of goods and control point concerned; as the current minimum age of criminal responsibility is 10 years of age, how the authorities deal with cases of smuggling goods by students who are below the age of 10, and whether they will consider holding the parents and guardians of such students, as well as the escorts who escort such students to cross the boundary, criminally liable; if they will, of the details;
(2) of the measures currently put in place by the Customs and Excise Department to combat smuggling activities conducted by engagement of students;
(3) whether it knows the number of cases of students smuggling goods detected by the mainland customs at the various ports in the past three years, and the number of such cases in which prosecutions were instituted against the persons concerned, with a breakdown by age of students, category of goods and the port concerned; if such information is not available, of the reasons for that, and whether it will seek such information from the mainland customs;
(4) whether it has communicated and discussed with the mainland customs the making of concerted efforts to combat the smuggling activities of students; if it has, of the details; if not, the reasons for that; and
(5) as it has been reported that the mainland customs require the escorts of students to sign an undertaking to abide by the law, whether it knows the content of such an undertaking, and the penalties meted out by the mainland customs on those escorts who engage students in smuggling activities?
Reply:
President,
The Administration's consolidated reply is as follows:
To prevent criminals from making use of students for cross-boundary smuggling, the Customs and Excise Department (C&ED) have stepped up publicity targeting youngsters at land boundary control points, and education through schools to increase students' awareness of the relevant legislation. C&ED has also been maintaining close liaison with the Shenzhen Customs through on-site monitoring and an immediate notification mechanism to jointly combat cross-boundary syndicates making use of students for smuggling.
The following is a breakdown of the smuggling cases involving cross-boundary students (under the age of 18 and wearing school uniforms) detected by C&ED at land boundary control points from January 2011 to April 2014.
Control Number of Cases Age
Points Distribution
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Involving Involving
Duty-not-paid Infant
Cigarettes Formula
Lo Wu 2 3 14 to 18
Lok Ma
Chau 1 1 14
Spur Line
Total 3 4
In the above case, the students involved in smuggling duty-not-paid cigarettes were fined $2,000 in addition to five times the duty payable for the dutiable goods concerned in accordance with the law. The students involved in smuggling infant formula were prosecuted.
The law absolves children under the age of 10 from criminal liability. Nonetheless, where such children are found involved in smuggling offences, C&ED will notify their parents or guardians as well as their schools for follow-up. The goods involved will also be confiscated. If there is evidence that any person is involved in making use of students for smuggling controlled or prohibited items, C&ED will take enforcement action according to the law. Such persons may be held criminally liable.
The Authority does not keep any figures on enforcement by the Mainland Customs and would not comment on its enforcement measures.
Ends/Wednesday, June 4, 2014
Issued at HKT 16:06
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