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| Chater Road sidewalk (file photo) |
A Filipina domestic helper in Macau who was visiting in Hong Kong when arrested for illegal vending on a sidewalk of Chater Road in Central, was jailed for three months and fined a total of $1,000 after a one-day trial today on three charges at Eastern Court.
Deputy Magistrate Hui Ki-fung said Clareth Mangandi, 44
years old, has no criminal record, and therefore had a low requirement to prove
her innocence after her arrest, which took place last July 6.
But he set aside the assertion of Mangandi’s lawyer that she could have been wrongly arrested due to mistaken identity considering that the arresting officer only had one minute to observe her. One minute was not enough time to make a positive identification, he asserted.
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But Magistrate Hui said he gave value to the testimony of the
only witness at the trial, a hawking control officer of the Food, Environment and
Health Department who was presented by the prosecution, that he observed
Mangandi from 10 meters away waving at passersby and arranging the items on sale
on a mat laid on the sidewalk.
The officer testified that he stepped in to arrest Mangandi at
2:35pm, just as she was about to receive payment for a sale. She then rolled
up the mat and started to leave, which he prevented by holding on to her elbow.
Seized from her were one scarf, two handkerchiefs, 10 underwear,
three pairs of shoes, 21 dresses, 50 upper body clothes and 30 pants. The items
weighed 25.5 kilos, he testified.
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She was then charged with hawking without a license, contrary
to sections 83B(1), 83B(3) and 150 of the Public Health and Municipal Services
Ordinance, and obstruction of public place contrary to section 4A of the
Summary Offences Ordinance.
During investigation at the police station, it was also discovered
that she was a visitor from Macau so she was charged with breach of condition
of stay, contrary to section 41 of Immigration Ordinance and by virtue of
Regulation 2(1)(a) of the Immigration Regulations.
Under that Regulation, visitors are prohibited from establishing
or joining any business without permission of the Director of Immigration.
Hui sentenced Mangandi to a fine of $500 each for hawking
without a license and for obstruction of public place, and three months in
prison for breach of condition of stay by “establish(ing) or join(ing) a hawkering
business in Hong Kong.”
