Kota Kinabalu: Three China nationals were fined RM10,000 or three months’ jail for staying in the State after their social visit passes had expired.
Sessions Court Judge Azreena Aziz handed the sentence to Tan Xing, 35, Hu Long, 28, and Tan Zejun, 33, who pleaded guilty separately to the charge against them.
They were found overstaying in the State at 3pm on Sept 10 this year at a premises in Donggongon Avenue, Penampang.
Tan’s document had expired on Feb 19 while the duo on March 3 this year.
The offence under Section 15(1)(c) of the Immigration Act carries a jail term of up to five years, or fine of RM10,000, or both, on conviction.
During mitigation, counsel Cedric Choo who represented the trio, asked for leniency saying that the trio came to the State as tourists before the Movement Control Order (MCO) was implemented to avoid the spread of Covid-19.
Choo informed the court that the trio failed to checkout on time because the difficulties in securing flight adding that as foreigners they were not familiar with Malaysian law.
He told the court that his clients had been remanded for 19 days.
Choo applied for no custodial sentence and a lower amount of fine to be imposed on his clients as they asked their family to help pay the fine.
Deputy Public Prosecutor Siti Amirah Muhammad Ali urged the court to impose an appropriate sentence on the grounds that they have a chance to extend their stay at the Immigration Department.
After paying the fine or serving the jail sentence, the trio were ordered referred to the Immigration Department.
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