Database of Wildlife Related Law
On June 30, 2010, the defendant, Shi Xiuhong arrived at Guangzhou Baiyun Airport on a flight from Congo. Shi carried two pieces of blackwood and chose to go through the "Non-declare channel" to enter China (declared nothing to the customs).
On April 9, 2011, the defendant, Li Ming (Chinese passport holder) was captured by custom officials at the immigration hall of Huang Gang, Shenzhen with 100 Ivory products in his bag.
This applicant appeals against a total sentence of 10-month in respect of fraudulently evading the restriction on the export of elephant tusks and sperm whale teeth, of selling those items and of making false statements and altering or falsifying permits and certificates for the purposes of the same and similar transactions.
As mentioned above, officials of the National Parks and Wildlife Department disguised themselves as potential customers of the defendant, who was in possession of large amounts of ivory with the intention for sale.
After the defendant pleaded guilty, on 21 March 2008, to two counts of importing and selling raw ivory and two counts of smuggling goods into the United States, she objected to the pre-sentence investigation report (PSR).
The District Court held that:
In November 2011, the defendant attempted to sell, or sold (which he denies), two African elephant tusks that he had lawfully acquired and legally imported into the United States as “sporting trophies” from a hunting safari that he had taken in Namibia several years prior.
On or about 12th February, 2010 at Ngorongoro Conservation area within Ngorongoro district in Arusha region, the accused persons were found in unlawful possession of government trophy to wit, one buffalo which was carried in a vehicle owned by the Government of Tanzania.
On 2nd June 2001 in Serera Controlled area, Mto wa Mbu , Monduli District in Arusha region, the accused persons alleged killed three buffaloes using poisoned spears whilst not possessing a hunting permit from the Director of Wildlife. The accused persons denied to be in possession of the said buffalo meat.
From July to August 2017, Jianhuo C. hired Jianfa C to process and polish a batch of ivory beads at a price of 0.5 yuan each; from July to August 2018, Jianhuo C. handed over two bags of ivory beads to Jianfa C. for processing and polishing. After identification, the net weight of ivory products was 0.733kg, valued at 21541 yuan.
In early October 2017, Jinming L. purchased ivory products from Mo through WeChat at a price of RMB 200,000, and Mo delivered the goods to the Jinming L. through express delivery. The above-mentioned ivory products were seized by the public security organs. After appraisal, the ivory products involved weighed 16.753 kg, valued at RMB 698047.25.
