WILDLEX

As a result of an earlier ruling, namely reversing the verdict of acquittal of the District Judge and recording a conviction against both respondents, it is now the task of the Court of Appeal ("the Court") to impose such sentence as is proper in the circumstances.

In December 2001, two Chinese businessmen planned to smuggle a large amount of ivory out of Africa by containers. They contacted defendants Li Wenjian and Liang Zhiqiang and asked them to arrange import declaration documents and to rent a warehouse in Guangdong Province.

On June 7, 2006, the defendant, Defendant Hussein Yahya Yahya Al-Asri, carrying large amounts of rare wildlife products into China, had violated the laws and regulations of the customs and seriously undermined the social order.

On June 9, 2006, at 8:00pm, the defendant Maged Tareq Mohammed Awn arrived at Guangzhou Baiyun Airport, declared nothing to customs before entering China. Guangdong customs officials intercepted 6 elephant tusks, hidden in his suitcase. The seized ivory tusks were estimated to be worth 1,500,000RMB, which weigh a total of 33.34kg.

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.