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HIGH COURT SABAH & SARAWAK SIBU
PP (IMMIGRATION) – Appellant
Versus
ANA EKANG & ANOR – Respondent
| Table of Content |
|---|
| 1. illegal employment and immigration violations. (Para 1 , 4 , 5 , 6) |
| 2. employment and tenancy agreements as evidence. (Para 7 , 8 , 12) |
| 3. respondents' denial and claims of non-ownership. (Para 13 , 14) |
| 4. appeal on grounds of legal misinterpretations. (Para 15 , 16 , 17) |
| 5. applicability of employing and harboring definitions. (Para 18 , 19 , 20) |
| 6. court's evaluation of trial judge's decisions. (Para 31 , 32 , 33 , 34 , 36 , 37 , 40) |
| 7. tenancy conditions relating to illegal immigrants. (Para 50 , 51 , 52) |
| 8. identification of the respondent as the employer. (Para 57 , 58 , 60 , 61) |
| 9. common intention and shared responsibilities in employment. (Para 63 , 64 , 65) |
| 10. outcome of the appeal and decision on convictions. (Para 70 , 72 , 74 , 75) |
[1] The respondents, husband and wife, were jointly charged on two charges. The first charge is in respect of an offence under s 55B(1) of the Immigration Act 1959/1963 for employing ten illegal Indonesian workers without valid work pass at Masam Masam Manis Cafe located at Lot 1196, S/L 31, Tingkat Bawah, Sibu Jaya Commercial Center, Sibu. The second charge is in respect of an offence under s 55E(1) of the same Act
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