A Hong Kong truck driver has been charged with smuggling guns and ammunition and will stand trial in Shenzhen despite testimony from SAR police chief Tsang Yam-pui that the man was carrying imitation firearms. The family of Tse Kin-man, 30, was told last week by mainland prosecutors that the case would be heard by the Shenzhen Intermediate People's Court on February 27. Tse and six mainlanders have been charged in connection with the case. Kevin Tse, 27, said he was furious that his brother still faced the charge despite the intervention of Police Commissioner Tsang Yam-pui, who confirmed to the Legislative Council on January 17 that all but one were imitation firearms. The real weapon had been modified and could not fire bullets. In the indictment, mainland prosecutors admitted the firearms were either fake or could not function. Tse said he was simply the driver and did not know what he was carrying. But law professor Ian Dobinson, of City University, warned the maximum penalty for smuggling could be death, depending on the seriousness of the offence. Professor Dobinson agreed smuggling firearms was a severe crime on the mainland. 'As far as Chinese criminal law is concerned, the charge in relation to smuggling can be anything - whether it involves fake firearms or whatever, it does not really matter,' the law professor said. He said the status of a defendant as a Hong Kong resident would not lead to a less serious charge or more lenient sentencing. Professor Dobinson said the mainland legal system remained unclear on the burden of proof - whether it was left to prosecutors to prove guilt or defendants to prove otherwise. The truck driver had been detained in Shenzhen since April, before his family approached the Immigration Department for help last month. 'We have approached the Security Bureau and police repeatedly asking them to confirm with the mainland authorities that they are only fake firearms,' the younger brother said. 'I wonder whether the case has been brought up by senior Hong Kong officials to their mainland counterparts. 'So far I have heard nothing from the SAR officials - I doubt whether they have tried their best to save my elder brother. The SAR Government seems to have put more effort into protecting the man charged with smuggling Bibles into the mainland. How come our case seems to be ignored?' Mr Tse was referring to the case of Hong Kong businessman Lai Kwong-keung, who was sentenced to two years' jail and fined 150,000 yuan (HK$141,000) by a mainland court last month for 'illegal sale of overseas publications' after he was caught bringing 33,080 Bibles into China. He returned to Hong Kong last weekend after a court ruled he could serve part of his sentence 'under surveillance' outside jail for medical reasons. Mr Tse said his brother and his mainland wife were married for only 21 days before he was arrested in the port of Huangang, when Shenzhen Customs officers said they seized arms, including several pistols and air rifles and an AK-47 rifle, in his truck. Police said they were not in a position to comment on the case. The Security Bureau said it had followed the 'normal procedures' of reflecting the concerns of the family to the mainland Government, but it refused to disclose details.