In February 2013, Hesen L. purchased a broken ivory sculpture for 800 Euros (tax included) during his trip to France, and the seller sent it to Hong Kong by TNT courier. Hesen L. stored the ivory sculpture in the automatic coin deposit box in Tsim Sha Tsui, Hong Kong. In the early morning of April 5, Hesen L. and his friend went to Hong Kong from Huanggang Port. Hesen L. took the above-mentioned ivory carvings and put it in a paper bag, and asked Bai to take it back to Shenzhen. At about 3 am on the same day, when they entered the Huanggang port, they did not declare to the customs. Customs officers seized the above-mentioned ivory carvings in a paper bag held by Bai. In February 2013, Hesen L. purchased a broken ivory sculpture for 800 Euros (tax included) during his trip to France, and the seller sent it to Hong Kong by TNT courier. Hesen L. stored the ivory sculpture in the automatic coin deposit box in Tsim Sha Tsui, Hong Kong. In the early morning of April 5, Hesen L. and his friend went to Hong Kong from Huanggang Port. Hesen L. took the above-mentioned ivory carvings and put it in a paper bag, and asked Bai to take it back to Shenzhen. At about 3 am on the same day, when they entered the Huanggang port, they did not declare to the customs. Customs officers seized the above-mentioned ivory carvings in a paper bag held by Bai.
The defendant Hesen L. charged felony counts of smuggling endangered wildlife and products (appellate case)
Country
Type of court
Seat of court
Guangzhou
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2017) Yue, No.1338 final instance
Charges
The defendant Hesen L. was charged with smuggling threatened and endangered wildlife products.
Species
Money value
225,001.8 RMB.
Transnational
Yes
Decision
The court found the defendant Hesen L. guilty of smuggling of endangered wildlife products according to criminal law Art. 151 II.
Appealed
No
Penalty
Hesen L. was sentenced to 5 years in prison and a fine of RMB 50,000. Ivory products confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decisions of first instance: (2017) Yue 03, No.57 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis