HKSAR v. GOTENGCO CELSA FERNANDEZ

HCMA 821/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 821 OF 2000

(ON APPEAL FROM WSCC 5819/2000)

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J U D G M E N T

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1. The Appellant appeals against her conviction for Breach of Condition of Stay, contrary to section 41 of the Immigration Ordinance, Cap. 115, and by virtue of Regulation 2 of the Immigration Regulations.

2. The particulars of the offence show that the Appellant was permitted to remain in Hong Kong as a domestic helper with a named employer, pursuant to a domestic helper contract. That contract was subject to a condition that she only took employment as approved by the Director of Immigration, but she was found working as an odd-job worker at a vegetable stall at the City One Market in Shatin.

3. There was a trial in the Magistracy when the Appellant was represented. The matter was canvassed thoroughly, in particular there was examination and cross-examination of the Immigration Officers who had watched the Appellant selling vegetables. In her defence, the Appellant testified that she accompanied her employer to a flat in Shatin in order to make herbal tea for her. Although she admitted being present at the vegetable store, she said that her actions resulted only from her desire to help an elderly lady employee whose customers were becoming impatient at slow service.

4. It is quite clear that the Magistrate did not believe the Appellant's testimony, nor did he believe the testimony of her employer. He was satisfied that the Appellant had been selling vegetables as stated by the Immigration Officers.

5. On appeal the Appellant reiterated the defence that she put before the Magistrate. She said that she was only helping the old lady as a caring gesture and that she was innocent.

6. However, having considered the facts of the case and the Magistrate's detailed Statement of Findings, I am satisfied the Magistrate was correct in convicting. I find no error, or any indication that he did not approach the matter properly. This appeal against conviction is dismissed.