3 Dec 2024
The appellate court upheld the magistrate's credibility findings and concluded that the cumulative circumstantial evidence permitted the only reasonable inference that the appellant was employed to operate the illegal fuel depot, thereby proving all offences beyond reasonable doubt; accordingly the convictions were affirmed.
8 Mar 2023
On rehearing the court found a reasonable doubt as to whether the appellant was acting in the course of employment because the prosecution failed to adduce sufficient proven facts connecting the boxes and their contents to an employer or to an ongoing unloading operation by the appellant; photographic evidence was taken long after interception and did not establish ownership, weight or commercial purpose of the boxes, and there was no evidence of handling aids, transportation documentation or a receiving premises to justify an irresistible inference of employment; accordingly guilt was not pr…
21 Dec 2018
The magistrate was entitled to accept the police officer's direct evidence, to reject the appellant's account as inherently improbable and to find that the only reasonable and irresistible inference from the proved facts was that the appellant was taking employment in contravention of sections 38AA(1)(b) and 38AA(2) of the Immigration Ordinance, consequently the conviction was safe and the appeal dismissed.
14 Mar 2017
The magistrate's credibility findings were reasonable and not plainly wrong; prosecution evidence proved beyond reasonable doubt that the appellant was taking employment in contravention of s.38AA (washing dishes in a staff-only area, wearing apron and boots, storing personal effects) allowing an irresistible inference of employment; the sentence of 22 months and 2 weeks is consistent with sentencing guideline for conviction after trial and therefore upheld.