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Indon DH cleared of working illegally in employer’s restaurant

29 September 2021

By Vir B. Lumicao 

Nurul (rightmost) with her supporters, including Mission's Bangcawayan who is next to her

An Indonesian female domestic helper walked free from Shatin Court yesterday, Sept 28, after the magistrate ordered the case of illegal work against her dropped due to a lack of evidence.

At the start of the two-day trial on Monday, Sept 27, the prosecution told Magistrate Wong Heung-yung that the defendant, Nurul, and another Indonesian woman were arrested on Feb 28 when Immigration officers raided her employer’s restaurant.

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Nurul was charged with working illegally in the restaurant, in violation of the terms of her employment contract that forbids her from working other than as a domestic helper.

Her co-accused, who was not identified, was charged with using a forged Hong Kong ID card of a permanent resident. She pleaded guilty and was sentenced to 13 months in jail. 

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Nurul, however, denied the charge against her earlier this year, prompting the court to set a trial.

Immigration has stepped up arrests for illegal work amid the pandemic (File) 

The court heard that the ground-floor space the restaurant occupied was part of the unit where the owner and his household lived. The family and the business shared the kitchen. To get into the house, one has to pass through the restaurant and kitchen.

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But when the defense lawyer asked her to point to the women in the photos who the defendant was, the witness could not identify her with certainty. 

The defense counsel from the Duty Lawyer Service said that his client prepared food for the family in the shared kitchen and played in the restaurant with the employer’s children because it was air-conditioned.

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The lawyer then showed the officer photos of three adjacent doors in the kitchen, one of which connected to the employer’s house. When he asked which door the women emerged from and exited when they allegedly worked in the eatery, the witness could not tell, either.

On the second day of the trial yesterday, Wong ordered the prosecution to withdraw the charge against Nurul for lack of evidence.

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Nurul was accompanied to court by Esther Bangcawayan, case officer for the Mission for Migrant Workers, which has been assisting the worker in her case. Bangcawayan said Nurul still has a pending labour claim against her employer.

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