Kota Kinabalu: A 52-year-old man was fined RM5,000 or jailed six months by the High Court here for having two passports bearing forged immigration stamps, three years ago.
Chuk Tai Bo pleaded guilty before Judge Maslinda @ Linda Mohd Ainal to having two Philippine passports under the names of two Filipinas with forged immigration endorsements on Nov 23, 2022, at 6.30am, at a house in Kg Nosoob Baru, Penampang.
The charge under Section 56(1)(l) of the Immigration Act 1959/63 and punishable under Section 56(1)(aa) of the same Act, provides for a fine of up to RM10,000 or imprisonment of up to five years, on conviction.
The charge was brought against Chuk, after a representation submitted by his defence counsel was accepted by the prosecution.
Chuk’s charge under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 for allegedly providing two fake passports to the Filipinas for the purpose of facilitating migrant smuggling, had been withdrawn.
The court heard from the prosecution that on Nov 15, 2022, two Filipinas flew from Manila Airport to Palawan, and when they arrived, they were picked up by two unknown men and brought to a hotel in Palawan for the night.
The following day, they were taken to the Buliluyan port and travelled by boat to Kudat, Sabah and from Kudat, they were transported to Penampang, arriving at around 10pm on Nov 18.
In Penampang, the two women were received by a married couple, Michael Pillai and Phoebe Yanog Indae, who brought them to their home in Kg Nosoob.
While at the house, Phoebe requested the passports from the two women and they handed over their passports to Phoebe.
Phoebe then handed the passports to Chuk, along with payment of RM2,800 per passport, endorsed with forged immigration stamps.
Chuk on Nov 23, at 6.30am, returned the two passports, bearing forged stamps indicating entry into Sabah through Kota Kinabalu International Airport on Nov 18, 2022, to the women at a house in Kg Nosoob Baru.
Counsel Luke Ressa Balang, representing Chuk, applied for a lenient sentence citing his role as the sole breadwinner for his family and the hardship faced since his arrest.
Luke said Chuk has five children, four of whom are still in school, and his wife had left him due to the ongoing case, leaving him solely responsible for supporting the family.
Luke added that Chuk, who works as a cook at a restaurant, was arrested on Dec 7, 2022 and remanded for seven months before being granted bail in July 2023.
Luke further submitted that Chuk is a first-time offender and had no prior criminal record and had also taken earlier opportunities to plead guilty, showing remorse for his actions, adding that he suffers from thyroid disorder and high blood pressure and undergoes regular medical check-ups at the hospital.
Deputy Public Prosecutor Dacia Jane Romanus urged for a deterrent sentence, citing the rampant immigration offences, especially in Sabah.
On Aug 1, Michael Pillai and his Filipina wife Phoebe Yanoc Indoc were each fined RM10,000 by the High Court for allowing two Filipino illegal immigrants to stay at their home in Penampang, on Nov 23, 2022.
They were each fined RM5,000, in default six months’ jail, for each immigrant.