Two men were convicted and each sentenced to one month's imprisonment suspended for 12 months at Tuen Mun Magistrates' Courts today (June 17) for having contravened a related condition on duty exemption of hydrocarbon oil for a person with disabilities imposed under the Dutiable Commodities Ordinance. They were also ordered to pay compensation of about $1,400 in total to the Government on the duty potential.
Hong Kong Customs arrested two men in early November last year who were suspected of conspiring to contravene the Dutiable Commodities Ordinance. One man aged 40 was found frequently allowing the other man aged 42 to drive his private car for which duty of fuel used in the car was waived for a person with disabilities. Both men were prosecuted for contravening the related condition on duty exemption imposed under the Dutiable Commodities Ordinance. After four court hearings in Tuen Mun Magistrates' Courts, they were both sentenced today to one month's imprisonment suspended for 12 months and ordered to pay compensation of about $1,400 in total to the Government on the duty potential.
Between August and November last year, Customs conducted surveillance and investigation on a private car for which duty of hydrocarbon oil used in the car was waived for a person with disabilities. The car was registered for use by a 40-year-old man. During investigation, Customs found that the car was frequently used by the owner's 42-year-old elder brother. Evidence revealed that they knowingly abused the use of hydrocarbon oil that was exempted from duty on the grounds that the car's owner and user was a person with disabilities. They were arrested and charged with conspiring to contravene a condition lawfully imposed under the Dutiable Commodities Ordinance.
Under the Dutiable Commodities Ordinance, anyone involved in dealing with illicit fuel in any means commits an offence. The maximum penalty is a fine of $1 million and imprisonment for two years. For cases of intentional evasion of duty, a magistrate may additionally impose a fine not exceeding 10 times the amount of duty payable on the dutiable goods.
Under the Crimes Ordinance, a person convicted of the offence at common law of conspiracy to defraud shall be liable to imprisonment for 14 years.
Members of the public are urged to report any suspected illicit fuel activities on the Customs 24-hour hotline at 2545 6182.
Ends/Wednesday, June 17, 2015