Case Law Database

Crimes that affect the environment

Species Involved

• pangolin

Details

• Undocumented/unlicensed conduct
• CITES protected species

The People's Procuratorate of Jiangmen City, Guangdong Province v. Ng Soo Heong and others

Fact Summary

From December 2009 to April 2010, the defendants Huang Yawen, Chen Song, Cheng Zhiqiang and Fu Qiang were twice employed by Pangma (handed separately) to help NG SOO HEONG (nicknamed "tall guys") smuggle frozen pangolin and scales into China by a wooden fishing vessel "Pearl Bay, 3815". Huang Yawen was responsible for sailing and the other 3 defendants moved the goods. Each of them got paid more than 8000 yuan and several  pangolins.

 

On June 6 2010, NG SOO HEONG, Huang Yawen and other 3 people were arrested by Jiangmen Customs when they were discharging the smuggled items in waters off the Zhuhai Airport. Customs officials seized 2090 frozen pangolins (7850kg) in 30 boxes, and 92 cases of pangolin scales weighing 1,800 kg. The smuggled pangolins and scales were worth nearly 5.2 million yuan (RMB 5,197,040).

Sentence Date:
2011-06-08

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Procedural Information

Legal System:
Civil Law
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Decision Date:
    Sat Apr 02 00:00:00 CEST 2011

    Court

    Court Title

    The Intermediate People’s Court of Jiangmen City, Guangdong Province

     
    • Criminal

    Description

    On April 2, 2001, based on the criminal facts and circumstances of the defendant and the degree of harm to the society, The Intermediate People’s Court of Jiangmen City, Guangdong Province rendered the following judgment: 

     

    Defendant:  NG SOO HEONG    

    Verdict: Guilty

    Charge/Claim:   Smuggling

    Term of imprisonment:  life sentence

    Fine/Payment to the State: Confiscation of all personal property

     

    Defendant:  Huang Yawen    

    Verdict: Guilty

    Charge/Claim:   Smuggling rare animals

    Term of imprisonment:  10 years, deprival of political rights for 2 years

    Fine/Payment to the State:  500,000 RMB

     

    Defendant:  Chen Song    

    Verdict: Guilty

    Charge/Claim:   Smuggling rare animals

    Term of imprisonment:  5 years

    Fine/Payment to the State:  300,000 RMB

     

    Defendant:  Fu Qiang    

    Verdict: Guilty

    Charge/Claim:   Smuggling rare animals

    Term of imprisonment: 5 years

    Fine/Payment to the State:  300,000 RMB

     

    Defendant:  Chen Zhixiong   

    Verdict: Guilty

    Charge/Claim:   Smuggling rare animals

    Term of imprisonment: 5 years

    Fine/Payment to the State: 300,000 RMB

     

     

    The captured smuggled pangolins and scales were confiscated.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    Life imprisonment
     

    Ng Soo Heong was sentenced to life imprisonment.

    Term of Imprisonment:
    10 years
     

    Huang Yawen was sentenced to 10 years imprisonment.

    Sentence

    Term of Imprisonment:
    5 years
     

    Chen Song, Fu Qiang and Chen Zhixiong were sentenced to 5 years imprisonment

    Proceeding #2:
  • Stage:
    appeal
  • Decision Date:
    Wed Jun 08 00:00:00 CEST 2011

    Court

    Court Title

    Guangdong Provincial High Court

     
    • Criminal

    Description

    Defendants NG SOO HEONGs, Huang Yawen, Chen Song and Fu Qiang filed an appeal to Guangdong Provincial High Court. The appeal was dismissed.

     

    Defendants / Respondents in the first instance

    Number of other accused:
    5
    Defendant:
    Ng Soo Heong
    Gender:
    Male
    Nationality:
    Malaysian
    Born:
    1970

    NG SOO HEONG was nicknamed "tall guys."   

    Legal Reasoning:

    1st instance:

    The Intermediate People’s Court of Jiangmen City, Guangdong Province:

     

    Jiangmen Intermediate People's Court finds that the defendants NG SOO HEONG, Huang Yawen, Chen Song, Cheng Zhixiong and Fu Qiang, have evaded Chinese customs by smuggling pangolin (protected wildlife species) and scales with a total value of 5,197,040 yuan. The defendants committed an extremely serious offense, according to Article 151 of the Criminal Law of the People's Republic of China and as such, their acts constitutes the crime of smuggling rare animals.

     

    Defendant NG SOO HEONG who was responsible for receiving goods from abroad by sea transport and delivering the smuggled items to the buyer, played a major role in this case and should be charged as the principal offender.

     

    Defendants NG SOO HEONGs, Huang Yawen, Chen Song and Fu Qiang filed an appeal to Guangdong Provincial High Court. The appeal was dismissed.

    Defendant:
    Huang Yawen
    Gender:
    Male
    Nationality:
    Chinese
    Born:
    1960
    Defendant:
    Chen Song
    Gender:
    Male
    Nationality:
    Chinese
    Born:
    1969
    Defendant:
    Fu Qiang
    Gender:
    Male
    Nationality:
    Chinese
    Born:
    1967
    Defendant:
    Chen Zhixiong
    Gender:
    Male
    Nationality:
    Chinese
    Born:
    1972

    Court

    Guangdong Provincial High Court