Bandar Seri Begawan - Two foreign workers were brought before the Magistrate's Court in Bandar Seri Begawan yesterday for charges under the Penal Code against the Immigration Act.

Tran Van Tuan and Ngo Van Suu faced sentencing for charges under Section 15(1) of the Immigration Act, Chapter 17 and punishable under Section 15(b)(2) of the same for remaining in Brunei Darussalam without authorisation or reasonable cause after the expiry of their Employment Pass on April 9, 2011.

The statement of facts heard in court stated that Tran, 36, and Ngo, 39, are from Quang Tri, Socialist Republic of Vietnam. The duo entered Brunei on August 9, 2010 under sponsorship of Hunt Concrete Industries Sdn Bhd. Their employment passes were last extended on September 20, 2010 which was valid until April 19, 2011. However, in January 2011, both Tran and Ngo ran away from their employer and started working illegally as construction workers at various other companies.

Hunt Concrete reported the matter and submitted both the defendants' passports to the Enforcement Section of the Immigration Department on January, 15, 2011. On August, 7, 2011, they both surrendered themselves to the Enforcement Section and requested to be returned to their home country. Tran Can Tuan confessed in his statement that his employment pass had expired since April 20, 2011 but only reported to the Immigration Department on August 7, 2012. Both defendants admitted that they decided to work in other companies due to higher salaries. Tran and Ngo without reasonable cause remained illegally in Brunei for a period of 476 days after the expiry of their employment pass. This is first offence under the Immigration Act for both defendants.

According to Section 15(2)(b), the two men face imprisonment for a term not less than three months and not more than two years and no less than three strokes of the cane cumulatively On Monday, they were sentenced to three months imprisonment and three strokes of the cane.