HKSAR v. ABDULLAH, MOHAMMAD

HKSAR v. ABDULLAH, MOHAMMAD

The magistrate's factual finding that the Appellant was the blue polo top male who served PW1 and that those acts amounted to taking employment while unlawfully in Hong Kong was supported by the evidence (PW1's continuous observation) and not plainly wrong; therefore the conviction was safe and the appeal must be dismissed.

Citation
[2019] HKCFI 918
Parties
Respondent: HKSAR; Appellant: ABDULLAH, MOHAMMAD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 April 2019
Case Number
HCMA526/2018
Procedural Posture
Criminal Magistracy Appeal / Appeal Against Conviction (hearing)
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Identification Evidence, Turnbull Guidelines, Standard of Proof (beyond Reasonable Doubt), Employment Under Immigration Law, Credibility of Witnesses
Source Language
EN
Immigration Criminal Law Evidence Procedure Identification Evidence Turnbull Guidelines Standard of Proof (beyond Reasonable Doubt) Employment Under Immigration Law +1 more

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Parties

HKSAR

Respondent

ABDULLAH, MOHAMMAD

Appellant

Procedural Posture

Criminal Magistracy Appeal / Appeal Against Conviction (hearing)

Legal Issues

  1. 1 Whether the Appellant was the person who served the immigration officers (identity)
  2. 2 Whether the acts constituted taking employment whilst unlawfully in Hong Kong contrary to s38AA of the Immigration Ordinance
  3. 3 Whether the magistrate's credibility findings were plainly wrong and the conviction unsafe

Ratio Decidendi

The magistrate's factual finding that the Appellant was the blue polo top male who served PW1 and that those acts amounted to taking employment while unlawfully in Hong Kong was supported by the evidence (PW1's continuous observation) and not plainly wrong; therefore the conviction was safe and the appeal must be dismissed.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal against conviction dismissed
  • Conviction affirmed