China national charged with abusing work permit

Kota Kinabalu: A 24-year-old China national was charged with abusing his work permit.

However, no plea was taken from Lin Jiaxiang after he was brought before Sessions Court Judge Ummu Kalthom Abd Samad, Monday.

The court could not take the plea from the technician as he did not understand neither English or Bahasa Malaysia except Mandarin and Fujian.

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Lin was accused of breaching his work permit by not working according to the position and place specified in his work permit. 

The offence under the Regulations 11(7) (a) of the Immigration Regulations 1963 punishable under Regulation 39 (b) of the same Regulations provides for a fine of up to RM10,000, or a jail term of up to six months, or both, upon conviction.

The court set Nov 10 (today) for re-mention of the case and released Lin on a bail of RM5,000 in a local surety.

The court also imposed several conditions such as his passport to be impounded by the court and to report to the Inanam police station every two weeks.

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Earlier, Prosecuting Officer, Inspector Lim Swee Beng objected to bail as Lin is not a local and if the court allow bail, the surety must be Lin’s employer.

He submitted that Lin has valid China passport but he (Lin) had breached the condition on his work permit.

However, counsel Lawrence Lim, said his client’s passport is still valid and has been working in the State for quite some time.

According to Lim, Lin is staying in Inanam and earning about RM5,000 monthly and sent RM2,000 to his parents to support his disabled father back home. 

Lim further submitted that it was not suitable to detain Lin during the Covid-19 pandemic and he asked for lower amount of bail to be granted.