Kang Kok Cheng v Public Prosecutor

• Judge: P Siva Shanmugam
• Judgment Date: 29 December 2000
• Neutral Citation: [2000] SGDC 52
• Citation: [2000] SGDC 52
• Published date: 19 September 2003
• Court: District Court (Singapore)

JUDGMENT:

Grounds of Decision

THE CHARGE

1. The accused pleaded guilty to a charge of employing a foreigner without having obtained a valid work permit for the said foreigner to work for him, an offence under Section 5(1) of the Employment of Foreign Workers Act (Chapter 91A) punishable under Section 5(6) of the same Act.

BRIEF FACTS

2. The facts revealed that the accused had a employed a foreigner, namely one Wang Kui as a foot reflexologist from May 2000 to 20 June 2000 at Blessing Foot Reflexology House located at 1 Park Road, #03-33, People's Park Complex ("the premises"). The accused is the sole proprietor of Blessing Foot Reflexology House.

3. Wang Kui had approached the accused to learn foot reflexology. The accused taught Wang Kui and thereafter asked him to serve the customers at the premises.

4. Wang Kui worked as a foot reflexologist at the premises 5 days a week from 2 pm to 7 pm. The accused would direct him as to which customers to serve and pay him $10 for every customer that he attended to. Wang Kui had received a total of $1,000 from the accused during the material time.

5. The accused had not obtained a work permit to enable the said Wang Kui to work for him.

MITIGATION

6. In mitigation the accused stated that he was supporting his family and that he was financially constrained. He was a first offender.

SENTENCE

7. The prescribed punishment for an offence punishable under Section 5(6) of the Employment of Foreign Workers Act is a fine of an amount not less than 24 months levy payable and not more than 48 months levy or to imprisonment for a term of not exceeding one year or both.

8. Apart from the fact that the accused was a first offender there were hardly any mitigating circumstances in this case.

9. All considered the court found no reason to depart from the usual tariff for such offences. Accordingly the accused was sentenced to pay a fine equivalent to 30 months' levy payable for the foreign worker which amounted $7,200 in the present case.

10. The accused, being dissatisfied with the sentence, has filed a notice of appeal.

Siva Shanmugam

District Judge