TAN KIM TIAU

TAN KIM TIAU

The accused was lawfully convicted under Section 55B for employing two persons without valid passes; having accepted the guilty plea and applied mitigating factors but weighing public interest and deterrence, the court imposed the cumulative minimum fine of RM20,000 (RM10,000 per illegal employee) with 12 months imprisonment in default, and upheld the sentence.

Citation
BF-83-265-05/2025 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Tan Kim Tiau
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 May 2025
Case Number
BF-83-265-05/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Convicted and sentenced; sentence upheld
Legal Topics
Employing Illegal Immigrants, Sentencing, Public Interest
Source Language
Malay/English
Immigration Law Criminal Law Employing Illegal Immigrants Sentencing Public Interest

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Tan Kim Tiau

Accused

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the accused employed persons not in possession of a valid pass contrary to Section 55B Immigration Act 1959/63
  2. 2 Appropriate sentence taking into account guilty plea and public interest
  3. 3 Whether cumulative minimum fines apply per employee

Ratio Decidendi

The accused was lawfully convicted under Section 55B for employing two persons without valid passes; having accepted the guilty plea and applied mitigating factors but weighing public interest and deterrence, the court imposed the cumulative minimum fine of RM20,000 (RM10,000 per illegal employee) with 12 months imprisonment in default, and upheld the sentence.

Court Disposition

Convicted and sentenced; sentence upheld

Orders

  • Convicted of offence under Section 55B Immigration Act 1959/63
  • Fine RM20,000 in total (RM10,000 per illegal employee)