HKSAR v. MIA, SUJON RAZU NAZMUL HASAN

HKSAR v. MIA, SUJON RAZU NAZMUL HASAN

The magistrate's credibility findings, rooted in the advantage of having seen and heard witnesses, were proper and unassailable on appeal; absent new admissible evidence (such as CCTV) the convictions must stand.

Source-derived case information.

Citation
HKSAR v. MIA, SUJON RAZU NAZMUL HASAN
Parties
Respondent: HKSAR; 1st Appellant: MIA, SUJON; 2nd Appellant: RAZU NAZMUL HASAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2014
Case Number
HCMA467/2014
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Unauthorized Employment, Removal Order, Credibility of Witnesses, Appeal Against Conviction
Source Language
en
Criminal Law Immigration Law Unauthorized Employment Removal Order Credibility of Witnesses Appeal Against Conviction

Source-derived case record

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

MIA, SUJON

1st Appellant

RAZU NAZMUL HASAN

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that each appellant took up employment
  2. 2 Whether CCTV or other evidence unavailable at trial could affect the verdict
  3. 3 Whether the appellate court should disturb a magistrate's credibility findings

Ratio Decidendi

The magistrate's credibility findings, rooted in the advantage of having seen and heard witnesses, were proper and unassailable on appeal; absent new admissible evidence (such as CCTV) the convictions must stand.

Court Disposition

Appeals dismissed; convictions upheld

Orders

  • Each appeal is dismissed