Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Taking employment while subject to removal order (s38aa)
  • 20 Jan 2022

    HKSAR v. VIJAYAKUMARA RAJA VISHNUSANKAR

    Citation
    [2022] HKCFI 282
    Court
    Court of First Instance
    Case number
    HCMA251/2021

    The magistrate was entitled to accept the prosecution witness, reject the appellant's explanation, draw the reasonable and irresistible inference from the observed conduct (carrying clams twice into a live seafood pond with no other persons present) that the appellant was undertaking odd job work amounting to taking employment contrary to s38AA; there was sufficient evidence beyond reasonable doubt and no basis for appellate interference with credibility findings.

    • Taking employment while subject to removal order (s38aa)
    • Credibility of witnesses
    • Drawing of inferences
    • Burden of proof beyond reasonable doubt