Chinese restaurateur complains of excessive punishment for offence
A Chinese man who was convicted and fined for illegally employing a foreigner, filed a judicial protest today complaining that he was excessively punished when his Maltese work and residence permits were withdrawn as a consequence of the court sentence.
Hou Wen Tao in his protest against the chairman of the ETC and the Director of the Citizenship Department, said that he had lived in Malta for several years.He ran a restaurant in Marsascala and owned property in Attard.
ETC officials some months ago found a woman working on a computer while the premises were closed. He was accused of illegal employment but acquitted.
ETC officials then started inspecting his restaurant very often, sometimes twice a week. During one such raid a chef was found not in possession of his work documents.
Mr Hou said he was subsequently fined €1,600 for illegal employment of a foreigner.
A few days later, he received a latter from the ETC informing him that his work permit was being withdrawn.
Then the Citizenship Department wrote to say that his residence permit would not be renewed beyond the end of this month.
Mr Hou said that such measures went beyond the court sentence and they were excessive and disproportionate to the offence.
He therefore called on the ETC and the Citizenship Department to withdraw their decisions, and held them liable for damages.
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H Zammit
Jul 30th 2010, 17:51
I tend to agree that the action of the Citizenship Dept. is fuori giuridiche in the sense that his residence permit was withdrawn simply because he is a foreigner, meaning that if he was Maltese he wouldn't be punished in this way. In my opinion he has been dicriminated because he is not Maltese. The law should be applied equally to all.
Joe Fenech
Jul 30th 2010, 15:21
More of this and even tougher fines.
I invite the police to go on building sites, and to places in Paceville, Sliema, Ghadira.. they'll be making so much money for the Gov!
Pauline Thompson
Jul 30th 2010, 10:15
Tommy Cassar - one must observe & obey the law at all times regardless where one is residing - my comment was asking you to make a point without showing hatred to foreigners - please read my comment again. If one breaks the law then one should be prepared to suffer the consequences however, providing that the law of the land is applied fairly & equally to both locals and foreigners alike.
Vasilisa Brandenburg
Jul 30th 2010, 09:28
All restaurants owned by foreigners should be checked at least every 3 months!!!
Raymond Calleja
Jul 29th 2010, 15:10
Well done to the ETC but I am sure there are more of them...Have a look at the qty of chinese message if it is message after all.Come on do something and report them...lets see once for all our justice working.Chinese are a big threat to our comunity.They should not be here working at all.Any Maltese can open a chinese restaurant no need for chinese to come here
Joseph W. Galea
Jul 30th 2010, 03:17
But then it will be a Chinese restaurant serving Maltese food with a chinese twist.
Is this guy being singled out? How many businesses are employing illegals? Should they also have their work permits revoked? Should they also be told that they can no longer stay in Malta?
Is it that easy to get rid of the unwated?
If so, the illegal immigrant problem could be over in a month or less.
T Camilleri
Jul 29th 2010, 13:17
Chinese restaurant anyone?
http://www.dailymail.co.uk/news/article-1298166/London-restaurant-owner-fined-30-000-cockroach-eggs-mouse-food.html
The moment a mouse jumped out of the sweet and sour sauce... and landed Chinese restaurant owner with £30,000 fine
Karl Abela
Jul 29th 2010, 11:52
Par idejn sodi!!!!
Well done to the competent authorities!! More of this please.
colin stanley
Jul 29th 2010, 11:17
@ Tommy Cassar. I am totally against illegal immigrants staying in Malta BUT,there must be something wrong going on here, somebody must be getting a gift,from these people, because a lot of them have shops here,and maybe property, I remember years ago, even an Englishman who wanted to open a business, went through hell to get permits,and this lot .non Eu. open kebab take aways,chinese,African,Indian, restuarants,etc. why?
Tommy Cassar
Jul 29th 2010, 13:07
I agree with you Mr stanley. Someone must be dirtying his hands. And iof eh got his permit that way then he must not only be fined more but expelled forthwith for corrupting our public servants or being an accomplice in corruption.
Denis Catania
Jul 29th 2010, 03:05
He should have thought twice before hiring someone illegally in Malta while making money in Malta. I agree 100% with the punishment.
Iskander Petrovich
Jul 28th 2010, 19:04
Being a "non-EU member state" resident, I cannot but fully empathise with Mr. Hou Wen Ta. In my opinion, ETC's and Citizenship Departmet's "decisions" were disproportionate. It's akin to somebody killing or maiming another for stepping on one's foot. Judging from the article's contents, if the Chinese man owns property here, they (ETC, Citizenship Dept.) cannot legally kick him off.
On the subject of jobs and "ah t h e y take our poor unemployed Citizen's jobs" -- if you're poor and unemployed, simple -- take a shower, put a shirt on, move your (probably fat) arse and go round literally asking for any vacant situations. If we can, why can't you? That's because you're spoilt and used to the regular allowance "tal-gvern" cheques coming in every week.
So to all the moaners and "patrioti" -- stop wasting time moaning and find yourselves a job. Plenty of minimum wage jobs around...ah, that's above you, Sirs and Madams? Oh well, enjoy your "being" then haha.....
Jeremy Brown
Jul 30th 2010, 20:26
very well said!!! thumbs up
oliver mallia
Jul 28th 2010, 18:43
@ Rob Alcock
Keep following the story and up date the Maltese population please, about what Chinese are doing in Australia. You don’t have an idea about foreign investors. In your opinion foreign investment is opening a restaurant, bring Chinese working in cheap labour, put a 5euros set menu, accommodate same staff sleeping in the restaurant after closed and bye bye to the Maltese that invested thousand of euros in restaurants. Why not talk to the restaurants owners?
Peter Korsten
Jul 30th 2010, 12:41
I could mention a Maltese-owned restaurant on the very edge of Attard. Once, we got pizzas there and they were half cold/raw, so we didn't go there again. Then, they refurbished, had a lovely garden with a wallaby, a wine bar with comfy chairs, and yes, the good improved as well.
But guess what, we're back to square one. The food has gone down again, so it's off our list again, and probably for good.
In contrast, the Chinese restaurant in Attard, owned by Mr. Hou, has always had good food, and service was always friendly.
And this is a wider trend. In many Maltese restaurants, both the quality of the food (badly cooked pasta with loads of cream to hide it) and the service (they expect you to grovel at their feet for the privilege of being allowed to eat at their place) are sub-standard.
Mind, there are a few rather good restaurants, but they are also rather pricey.
So if restaurant owners have a problem, I would suggest they start providing a decent product. There are lots of restaurants my wife and I avoid, because of poor service.
Pauline Thompson
Jul 28th 2010, 18:39
Tommy Cassar why be so personal? If you have a point express it without showing hatred to other human beings who happen not to be Maltese by stating "another arrogant Chinese foreigner". Your statement paints of wonderful picture of the Maltese people. Thankfully there's not many like you.
Tommy Cassar
Jul 29th 2010, 13:14
Pauline Thompson if you go to another country you must make sure to observe their laws and not try to cheat.
oliver mallia
Jul 28th 2010, 17:27
ETC and Visa office must be a shame. I have been following a case of a person leaving in Buggiba, that came to Malta while relatives are married to Maltese. He has been working in catering for more than 3 years(pizza) extension to his working permit never was a problem. Now he has to cousins joining him and sharing apartment with the excuse of learning English and probely working too.
I use to report ETC and nothing happened, now I gave up
Thank you ETC and Visa office.
s.koludrovic
Jul 28th 2010, 17:25
It would have been more plateable to me if instead of the ETC, the Health and safety would be so zealous in their work.
Just my opinion.
Rob Alcock
Jul 28th 2010, 14:47
Mr Hou seems to have received a harsh penalty at the hands of the ETC and the message it sends out to foriegn investors and business people is to beware of Malta. If a Maltese person were treated this way here in Australia or another country, the Maltese government would not be very happy. I'm sure officials in China are also following this story.
Christine Darmanin
Jul 28th 2010, 14:46
Excessive punishment?!?!?! My foot.
Now, will we see a court case for compensation for the breach of human right due to the excessive use of punishment?
martin saliba
Jul 28th 2010, 16:40
Hopefully we will. So instead of defending these heartless people you should be defending the victim . That way it will save us all tax payers money by way of compensation. But then again as was said once, a few million here and a few million there wont make a difference.
B.Attard
Jul 28th 2010, 13:48
By the end of this year nearly all the people residing in Malta would have entered the Court premises with a big percentage being arraigned about stupid or of less importance causes. This is a new kind of easy money business in this country. SHAME SHAME on who is encouraging and tolleating these situations. Malta is becoming a country which is impossible to live in.
Tommy Cassar
Jul 28th 2010, 13:35
Another arrogant Chinese foreigner who has no right to be in Malta. I fully support the Government and authorities for revoking his permit to remain in Malta and to have him expelled. We have too may Chinese , Thais, Phillippinos, Russians, Ukrainians etc etc working also on the black economy to the detriment of Malta and the Maltese workers.
martin saliba
Jul 28th 2010, 16:42
We have to mant chritians as you yourself probably are
Guido Briffa
Jul 28th 2010, 17:54
Go on you Tommy -You tell'em my son, we need more people like your goodself to stand up for us unemployed Maltese Citizens of this little island that is being over run by foreigners from nothern europe and the Baltics, whatever next ET will decend on this island with his other little ET's my motto as a Viva Malta member is : ET GO HOME! period. we joined the eu with the understanding that our brothers can have the freedom of movement in an eu country but also be a little realistic to one of the smallest members being Malta, it higly over populated now as it is without getting all the throw backs from as an example the UK for one.
J. Borg
Jul 28th 2010, 12:36
it might be that Mr. Tao was attracting good business and offering good services.....
which might in turn have annoyed a couple of competitors...
who might (only!) then decided have made good use of the "donations" they give to political parties....
in this might maze we all know where might resides!
Ray de Bono
Jul 28th 2010, 12:36
It is sad to see such news that potential distorts Malta’s identity overseas. A fair punishment on this case would have been a standard fine in line with the 'crime' (i.e. if you can call employing a person without a permit seriously a 'crime'). Isn’t that the sort of punishment any Maltese person could face in similar circumstances, after all? To anyone outside Malta this case sounds and feels like a xenophobic penalty that is excessively heavy handed. Removing his own working permit was uncalled for unless there is more to the story than is being reported. By the looks of it this hapless Chinese person has chosen to come to Malta, invest his money in a business (which is in itself commendable), paid taxes (VAT, NI, etc.) and apparently even own a property here (isn’t Malta always trying to attract foreigners to own properties here, after all?). I appeal to the competent authorities to revise this hefty & unfair sentence, as I believe it gives an undeserving very bad image to our country.
martin saliba
Jul 28th 2010, 12:28
@ Jimmy Magro. If im not mistaken , very recently , a british restaurant owner was fined for the same offence. If so , why the difference in treatment ? I would advise this man , who is probably also employing Maltese full time , to go and speak to his embassy. Is this the way to treat a chinese citizen anfter the excellent treatment our president got from his goverment in China ? There seems to be something not right according to the report. Normally Maltese bureaucracy takes weeks and months. As the report says there were only a few days from the letters from ETC and the citizen dept. Very strange , if only goverment departments were as efficien all the time. I do not know this man , but i am sure that he bleeds red blood just like you and me.
Joe Zammit
Jul 28th 2010, 13:39
martin saliba they only employ Chinese and other workers for cheap labour while making unfair competition with Maltese entrepreneurs. Foreigners from non-eu countries have no right to reside in Malta.
p.s. When Chinese restaurants opened in Marsascala all the ducks at il-maghluq and the sea shore disappeared.
Peter Korsten
Jul 28th 2010, 13:55
The difference is that the British entrepreneur is a EU citizen, and you can't treat EU citizens differently from Maltese nationals for this kind of thing, like Maltese citizens enjoy the same privileges when working abroad but within the EU.
Anyway, it explains why 'Golden Horse' in Attard has been closed. It was one of the few decent take-aways in Attard, so this affects a lot of people.
Also, it took FOUR months for my work permit to be processed in 2000, and I'm western European, so one can only imagine how much time they will take to process the work permit for a Chinese. Instead of raiding a place twice a week, perhaps they should spend more time processing work permits.
martin saliba
Jul 28th 2010, 17:48
@ joe zammit. he was / is an employer not an employee. If only he was blond and beatiful with a bombastic figure ( Female ) then maybe these people would have wanted hin to stay WITH THEM. If i want chinese food i go to a chinese restaurant not a local imitation .
Joe Zammit
Jul 28th 2010, 21:50
martin saliba a cheap labour employer martin.
Joe Grima
Jul 28th 2010, 12:27
My God! These ETC officials certainly know how to lay on injustice with a trowel. Why doesn't ETC first show its officials the ropes before releasing these wild desperadoes into a civilized community They should first and teach these cowboys how do deal humanely with infringements. This Chinese employer made a msitake. He was fined reasonably heavily for it. That is where the matter shiould have ended., The rest is sheer vindictiveness, the wielding of excessive power and evident Maltese racisim against a hapless foreigner. I hope the courts will have something to say to ETC about this inhuman treatment of a foreign employer.
J Oatmon
Jul 28th 2010, 12:27
If he were Maltese it would be much more lenient, we can easily see non Maltese get stiffer penalties than Maltese.
"ETC officials then started inspecting his restaurant very often, sometimes twice a week." - this can be described as a 'shakedown' tactic by the ETC, as it does not seem to happen to any Maltese illegally employing a foreigner,
The courts system in Malta is in disarray, and does not reflect 'even handed' justice for all, it seems very biased against non Maltese - we should all be treated equally under the law, one law for all, not special cases, suspended sentences for career criminals etc.
Unfortunately we see daft sentences every day in Malta - there needs to be proper sentencing guidelines set down, and followed by the judges and magistrates, irrespective of who commits an offence.
Jimmy Magro
Jul 28th 2010, 12:12
it seems that we the Maltese are becoming second class citizens in our own land with all these cases being presented in our courts that is paid out by our taxes
soon the court will also give financial compensation that have to be paid through our taxes
this is what has happened in recent days where criminals and foreigners have won damages from the courts
have the courts become a money machine for the foreigners?
i for one do not want to see my taxes being wasted in this way: i prefer to have a reduction in the water and electricity bills, more investment in education and the environment
let us give Malta back to the Maltese !!
Sarah Mallia
Jul 28th 2010, 12:24
I think Mr. Magro's views of citizenship are somewhat Zionist, which is quite ridiculous when you consider the mix of past cultures that makes the 'Maltese'.
Mr. Magro, pray tell, when and how can one be considered to be a 'citizen' of Malta?
c. hansel
Jul 28th 2010, 12:26
yes yes take the whole story and turn it around.
When the Maltese law enforcement does wrong, it needs to be taken to court and the law will then decide if it was right or wrong, no matter if foreigner or local.
You should maybe think twice before writing on the internet.
Btw Malta is now in Europe there is no Maltese or French or German.... its European and we are all together in it.
Good luck and I hope you will stop with those comments.History shows that this kind of mind set will not succeed.
Jan-Wouter Stigter
Jul 28th 2010, 12:33
Mr Magro, a recent statement by the Inland Revenue Department said about half of the 500 highest taxpayers in Malta are... foreigners!
Franco Farrugia
Jul 28th 2010, 12:48
Writing in that manner shows how shallow you are, and how parochial your views can be. Do you honestly consider yourself a leader among your community, writing in such a manner? Human beings are human beings are human beings and there is no place for populist outbursts that serve no purpose at all. Disgusting. People you otherwise term as 'criminals' and 'foreigners' (which you put in the same bag - another disgusting fallacy!) has as much rights as anyone else and their rights cannot, must not, be trampled upon just because YOU consider them 'criminals' and 'foriegners'.
'Malta back to the Maltese' - a populist outburst. Shameful, really.
M.Camilleri
Jul 28th 2010, 12:58
@Magro
The ETC has a blanket policy of not renewing working permits for 3rd country nationals, whether they are employed or otherwise. This means that in the majority of cases non-EU citizen get thrown out even if they are specialized in their fields and they have paid their taxes. They recently did not renew a permit for a Chinese chef that worked in a Chinese restaurant solely because he was Non-EU... thats how idiotic their policy is.
A non-homogeneous society is one that works where people of different backgrounds, specialisations and nationalities can pool in their resources. London, New York, Paris would not be the cities they are without immigrant populations.
Wayne Flask
Jul 28th 2010, 13:37
Nafu li mhux se jorhsu l-kontijiet li qed issemmi kemm bic-Ciniz kif ukoll minghajru. Jekk thoss li kont irhas huwa aktar gust milli xi hadd jiehu l-gustizzja li haqqu, allura mn'alla hrigt mill-hajja politika.
Nizar Hingari
Jul 28th 2010, 13:37
I dont agree with you mr magro, nobody is becoming second class in his country... that is a view you find in some Texan outback full of rednecks, who think foreigners come here to exploit you... thats not the case.. this is a man who is legally here(with all the papers), pays taxes(contribution for owning a business that is recently becoming popular i.e. chinese dining), invested in malta, owns a house (bought property), committed a crime and is paying for it just like everybody else.
Malta needs foriengers to invest in it, whether its a kebab shop or multinational company from whatever race or religion .. if they commit a crime - they pay for it. As simple as that!
Frans Buttigieg
Jul 28th 2010, 13:45
c. hansel you are wrong. If you think that because a minority managed to get a little bit more votes to take us in the EU we consider ourselves as EU citizens and all others the same you are grossly mistaken. For us WE are Maltese citizens and all others whether English, Italian, German or whatever are FOREIGNERS.
Jimmy Magro, the majority of proud MALTESE citizens are behind you and congratulate you.
Paul Farrugia
Jul 28th 2010, 15:18
Nizar Hingari the government of any county has the right not to renew any permit of residence to anyone not a citizen of that country, let alone someone who breaks the law.
Franco Farrugia
Jul 28th 2010, 15:51
@ Frans Buttigieg - You must surely be living in another time-space. I completely disassociate myself from what you say.
John smith
Jul 28th 2010, 16:40
@Magro and Buttigieg, I pity you for your short sighted and racist views, have you fools ever considered the impact of all the foreign business including ST leaving Malta and their foreign management leaving too? Can Malta maintain itself as a country, maybe the endless land that you have for agriculture, you abundance of natural resources such oil and gas not to mention fresh water would sufice for you to survive :-(..... What about all the Maltese who have emigrated to Europe USA and Australia, should they also return to Malta... Open your eyes and you may see some beauty in diversity and realise what horrible little people you two truly are!
Frans Buttigieg
Jul 28th 2010, 16:52
You can do what you like Franco Farrugia. It doesn't bother me.
Frans Buttigieg
Jul 28th 2010, 16:55
John smith, horrible little people are those who want to impose their multiculturalism on us when we have very good examples of what it did and is doing to other countries. If you are coming from the UK you know about the joys of multiculturalism Mr Smith. Thanks but no thanks.
John smith
Jul 28th 2010, 17:22
@Frans Buttigieg, We the British have gained so much from the different cultures whether that be from the Muslim world, American, Hispanic or even Maltese. Our national dish is curry. we better at Sport, music, cinema the list is to long to mention. Don't be scared, the world is a lovely place you just need to take a look and you will see the positive changes.
Roger Eccles
Jul 28th 2010, 19:11
I see the usual British Bashers at at large again, typical Maltese answers when they got nobody else to blame. Just one thing without us bringing the money into the little island of yours, you got nothing else to offer except more unemployment. Cheers.
Charles Vassallo
Jul 29th 2010, 13:35
Roger Eccles that's what you think Eccles. Guess that you could never get it down your throat that we could do without you after 31 March 1979.
Charles Vassallo
Jul 29th 2010, 14:28
Sarah Mallia a Maltese citizen is only one who is born of Maltese citizens or in case of marriage a person married to a Maltese citizens for as long as the marriage lasts and there are no children born out of the marriage. Others cannot be considered as Maltese citizens but foreign settlers. I urge you to have a look at the names of court cases including the Church ones and see how many foreigners especially those who cannot remain in an EU country if they are not married to an EU citizen marry for convenience just to be granted Maltese citizenship and then leave their spouse and even children and go to another country. You should also know that Switzerland which I believe no one would call backwards had a referendum last year or the year before and they voted not to give Swiss citizenship even to third generation children of foreigners who went to live in Switzerland. If you are not born to Swiss parents you have no chance of ever becoming a Swiss citizen. Why should Maltese citizenship continue to be given to every Tom, Dick and Harry?