Wednesday, November 25, 2009

Malaysian ex-domestic worker, after serving sentence, given £4,500 by the Government to leave England.

Well, for one there are Malaysian domestic workers in other countries...

Second, when the domestic worker commits a crime, the law steps in and she is tried, convicted and sentenced...

But after release, should she be deported back to her home country if she was there as an asylum seeker or refugee? That is the question...

In this, this Malaysian woman has served out her sentence for her crime .... she was sentenced to 5 years imprisonment, and after 2 1/2 years she has been released. Yes, for good behaviour, etc prison sentences can be cut short - but will it be cut short by 50%... it can.

An immigrant convicted of the horrific killing of a 17-month-old baby has been given £4,500 by the Government as a 'bribe' to leave the country.

Malaysian Agnes Wong, 29, was jailed for five years in 2008 for the brutal manslaughter of a toddler she was supposed to be child-minding.

She was let out of prison in July this year, and two weeks ago was put on a plane at Heathrow and sent to with a 'voucher' worth £4,500 to spend when she got there.
Wong was jailed after a court heard how she had swung the boy, Hugo Wang, by his ankles and smashed his head. He died of brain injuries.

Wong's payment has sparked disbelief and outrage, coming just days after the Prime Minister said he understood the public's mounting concerns over immigration.

Tory immigration spokesman Damian Green said: 'Only last week, said he "gets it" on immigration but this is proof he doesn't get it. For an immigrant who killed a child to get taxpayers' money to help with her future life is nothing short of appalling.'
Mr Green demanded to know why Wong had not been automatically deported without a penny of public money.

'Even while Labour repeatedly boasted about introducing automatic deportation for people like this, it now appears they have been using public money to help people get round that very system,' he said.

The horrific story of Hugo's last hours caused national revulsion when Wong's  sadistic behaviour was exposed in court.



The unregistered childminder, who came to the UK in 2003, was paid £120 a week to look after Hugo in her home in Salford, Greater , while the boy's parents worked 16 to 20 hours a day to make ends meet.

She was accused of waging a 'regime of terror' against him, torturing him with a hairdryer and hitting him so hard with a ruler that it snapped.

Hugo died in January 2007, a day after he was taken, unconscious, to hospital where he underwent emergency surgery.

He had been struck with such force that his brain had shifted in his skull and caused internal bleeding. Doctors also found bite and burn marks on his body.

Wong, who denied murder, was found guilty of manslaughter but was sentenced in May 2008 to just five years in prison.

The Mail on Sunday has now learned that Wong served only the minimum jail term of two-and-half years, including her time in custody before and during the trial.
The Chinese restaurant where Hugo Wang's parents worked
Making ends meet: The Chinese restaurant where Hugo Wang's parents worked


Just two weeks ago, she was deported to Malaysia under a controversial 'Facilitated Returns Scheme' under which foreign prisoners are paid up to £5,000 if they agree to leave the UK as early as possible without fighting their deportation using human-rights laws or by claiming asylum.

So far, around 1,000 have left the UK and been given the money.

It is not known for certain whether Wong - who used the anglicised name Agnes, although her Malaysian name is Siew Teng - entered Britain legally or illegally. However, any immigrant who commits a serious crime can forfeit their right to remain in Britain and can be deported.

David Wood, the UK Border Agency's director of criminality and detention, defended the scheme, saying: 'We don't want foreign criminals in the UK. Every day that we can get these individuals out of the country early removes the risk they present to UK citizens and saves our taxpayers more than £100 a night in detention costs as well as administrative and court costs.'
As Wong boarded a plane at Heathrow on November 2 bound for Kuala Lumpur, immigration officials handed her a letter confirming that she was entitled to a 'reintegration fund' payout of up to £4,500.

The letter informed her that the money, provided by UK taxpayers but administered by an international migration organisation, could be 'invested' in training for a new job, housing, education, medical treatment or to help set up a small business.

The letter - seen by The Mail on Sunday - also advised Wong, who was kept in an immigration detention centre between her release from jail in July and her deportation earlier this month, how to claim the money.

Hugo's parents, who were immigrants from , both worked at the China City restaurant in Southport, where football star is a regular.
Letter offering Agnes Wong £4,500, under her Malaysian name
Final insult: The letter offering Agnes Wong £4,500, under her Malaysian name


Friends have now spoken of how Hugo's father, Jian Lin Situ, never got over the death of his son and how he had taken the baby's ashes back to China.

They also voiced their anger that the boy's killer would get thousands of pounds of public money to build a new life. One said: 'It is an absolute disgrace that she has got this money. That sort of money will go a long way in Malaysia.'

The friend recalled how Hugo's father had been distraught to learn that some of his son's body parts were initially retained by the coroner in case Wong appealed against her conviction.

'When Hugo died it was big in all the newspapers in China. We followed the proceedings and were all horrified by what happened to that poor boy,' said the friend.

'Jian and Hugo's mother Zhen split up soon after. I think they both blamed each other for their son's death.

'I think Zhen went back to China. Jian never got over Hugo's death. He was absolutely devastated. He took Hugo's ashes back to China, to the Canton district, the family's ancestral home. After that, Jian moved on to a restaurant in Liverpool. From there he went to another restaurant in Blackburn and we lost touch.'

The friend added that Mr Situ would be 'horrified' to learn that Wong had already been returned home, especially as he protested that she should originally have been given a 15-year jail sentence.
'Jian thought five years was too lenient. This is just an insult to Hugo's memory. What are they playing at, letting her out so early? They should have thrown away the key.'

Sir , chairman of the Migrationwatch think-tank, said: 'It is absolutely wrong in principle that criminals who thoroughly deserve to be deported should be paid for going. This should not happen at all.'

A Home Office official confirmed there were two other voluntary schemes offering illegal immigrants incentives to return: one for individuals in the asylum system paying up to £4,000; and one for immigrants who have no right to be here but have not claimed asylum, paying out a maximum of £1,000. - Mail Online, 15/11/2009, Fury as immigrant baby killer is paid £4,500 'bribe' to quit Britain


In Malaysia, s.300 of the Criminal Procedure Code deals with the question of suspending and remitting sentence

300.  Power to suspend or remit sentence.
(1) When any person has been sentenced to punishment for an offence the Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed or in which the conviction was had may at any time, without conditions, or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to a Ruler for the suspension or remission of a sentence the Ruler may require the convicting Judge or Magistrate to state his opinion as to whether the application should be granted or refused and the Judge or Magistrate shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Ruler by whom it was granted, not fulfilled, the Ruler may cancel the suspension or remission; whereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer without warrant and remanded by a Magistrate to undergo the unexpired portion of the sentence.
(4) Nothing herein contained shall be deemed to interfere with the right of the Ruler of any State to grant pardons, reprieves, respites or remissions of punishment.

Aricle 42 of the Federal Constitution is as follows:-

42.  Power of pardon, etc.
(1) The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya; and the Ruler or Yang di- Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.
[Am. Act A1095 - prior text read - The Yang di-Pertuan Agong has power to grant pardon, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.]
(2) Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.
[Am. Act A1095 - prior text read - Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the Yang di-Pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising juridiction in the Federal Territories of Kuala Lumpur and Labuan and, in any other case, shall be exercisable by the Ruler or Yang di-Pertua Negeri of the State in which the offence was committed.]
(3) Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur, the Federal Territory of Labuan and the Federal Territory of Putrajaya, shall each be regarded as a State.
[Am. Act A1095 - prior text read - Where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State.]
(4) The powers mentioned in this Article -
(a) are, so far as they are exercisable by the Yang di- Pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;
(b) shall so far as they are exercisable by the Ruler or Yang di-Pertua Negeri of a State, be exercised on the advice of a Pardons Board constituted for that State in accordance with Clause (5).
(5) The Pardons Board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
(6) The members of a Pardons Board appointed by the Ruler or Yang di-Pertua Negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the Board.
(7) A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang di-Pertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member.
(8) The Pardons Board shall meet in the presence of the Ruler or Yang di-Pertua Negeri and he shall preside over it.
(9) Before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney General may have delivered thereon.
(10) Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur, Labuan and Putrajaya shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.
[Am. Act A1095 - prior text read - Notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur and Labuan shall be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.]
(11) For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di-Pertua Negeri" shall be construed as reference to the Yang di-Pertuan Agong and reference to "Chief Minister of the State" shall be construed as reference to the Minister responsible for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
[Am. Act A1095 - prior text read - For the purpose of this Article, there shall be constituted a single Pardons Board for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the Pardons Board under this Clause except that reference to "Ruler or Yang di- Pertua Negeri" shall be construed as reference to the Yang di- Pertuan Agong and reference to "Chief Minister of the State" shall be construed as reference to the Minister responsible for the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan.]
(12) Notwithstanding anything contained in this Constitution, where the powers mentioned in this Article -
(a) are exercisable by the Yang di-Pertua Negeri of a State and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the Yang di-Pertuan Agong acting on the advice of the Pardons Board constituted for that State under this Article and which shall be presided over by him;
(b) are to be exercised in respect of the Yang di-Pertuan Agong, the Ruler of a State, or his Consort, as the case may be, such powers shall be exercised by the Conference of Rulers and the following provisions shall apply:
(i) when attending any proceedings under this Clause, the Yang di-Pertuan Agong shall not be accompanied by the Prime Minister and the other Rulers shall not be accompanied by their Menteri-Menteri Besar;
(ii) before arriving at its decision on any matter under this Clause, the Conference of Rulers shall consider any written opinion which the Attorney General may have delivered thereon;
(c) are to be exercised by the Yang di-Pertuan Agong or the Ruler of a State in respect of his son or daughter, as the case may be, such powers shall be exercised by the Ruler of a State nominated by the Conference of Rulers who shall act in accordance with the advice of the relevant Pardons Board constituted under this Article.
(13) For the purpose of paragraphs (b) and (c) of Clause (12), the Yang di-Pertuan Agong or the Ruler of the State concerned, as the case may be, and the Yang di-Pertua-Yang di-Pertua Negeri shall not be members of the Conference of Rulers.

Your comments would be appreciated on this rather interesting issue of migrants, crime, money for starting a new life provided they accepted to be deported, ...




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