XTRNX HKSAR v. YANG MIN

HCMA555/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.555 OF 1999

(On APPEAL FROM WSCC 2730 OF 1999)

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J U D G M E N T

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Hon Nguyen J :

1. The appellant was charged with making a false representation to an immigration officer who was lawfully acting under or in the execution of Part III of the Immigration Ordinance, contrary to s.42(1)(a) of the Immigration Ordinance, Cap.115, Laws of Hong Kong. The facts of the case reveal that on 7 January 1997, the appellant submitted his application for extension of stay together with a letter, i.e. exhibit P2, which was signed by Mr Yung Kin Cheung (transliteration) of the Tung Kong (transliteration) Mechanical Moulding Factory. The letter stated clearly that the appellant was at that time in the Factory's employ, and that the Factory wanted to continue employing the appellant.

2. The Immigration Department was misled by the application and letter tendered by the appellant, believing that by 7 January 1997, the appellant was still working for Tung Kong (transliteration) Mechanical Moulding Factory. Later, during an interview held by the Immigration Department to verify the matter, the appellant was inquired on the question concerned. The appellant told the immigration officer that he was in the employ of the Tung Kong (transliteration) Mechanical Moulding Factory from June 1991 to August 1995, but the employment was discontinued when the Factory moved to the mainland to further its development. In fact, the appellant began to work for the ASM Co. since November 1995.

3. According to what the appellant said, by 7 January 1997, he had obviously terminated his contract of employment signed with the Tung Kong (transliteration) Mechanical Moulding Factory and joined the ASM Co. Therefore, the representation made by the appellant to the Immigration Department that he was still being employed by the Tung Kong (transliteration) Mechanical Moulding Factory was a false one. Accordingly, it was absolutely appropriate for the magistrate to convict him. Appeal is therefore dismissed.