Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Employment relationship inference
  • 29 May 2017

    香港特別行政區 訴 農場

    Citation
    香港特別行政區 訴 農場
    Court
    Court of First Instance
    Case number
    HCMA614/2016

    The magistrate's conviction was upheld because the direct observations that the appellant operated a non-ordinary excavator repeatedly over a sustained period at a private farm roadwork permitted the reasonable (and sole) inference that he was performing employment duties in breach of his stay condition under Immigration Ordinance s41; the trial judge's credibility findings and rejection of the appellant's caution statement were within judicial discretion and not open to interference on appeal.