Chaudhry Solicitors

03 Sep, 2026

Acquittal in Illegal Employment Case

Acquittal in an illegal employment case at Sha Tin Magistrates' Courts

Our CHAUDHRY M. Kamran appeared for the defendant at trial. Defendant faced a charge under sections 38AA(1)(b) and 38AA(2) of the Immigration Ordinance, Cap 115, of taking employment while a removal order was in force. The court dismissed the charge and awarded costs to the defendant.
The case turned on a point that arises often and is often misunderstood. Being seen to do something that looks like work is not the same thing as being employed.
The Court of First Instance has said so more than once. In HKSAR v Hari Arshdeep Singh [2019] HKCFI 1979 the court held that there must be something more than an observation of somebody merely carrying out work before the inference of employment can be drawn. In HKSAR v Husnain Arif [2023] HKCFI 698 a conviction was set aside where the goods said to have been handled were never seized and no owner could be identified. In HKSAR v Asjad Baig [2019] HKCFI 148 the court held that suspicion is not the same as an irresistible inference.
Employment is a relationship. Like every other element of an offence, it has to be proved to the criminal standard.

#HongKongLaw #CriminalDefence #ImmigrationLaw

Our Team

Acquittal in Illegal Employment Case

Upcoming Events

Post Categories

Home

QUICK LINKS

Notable Cases