Case Update - STCC 3225/2025 (Unlicensed Dentistry Prosecution)
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Our Azan Marwah and Nicklaus Pannu-Yuon (with Mr Harry Allman-Brown) appeared on behalf of the 6th Defendant, a Foreign Domestic Helper, who was acquitted in the Sha Tin Magistrates’ Courts after the prosecution elected to offer no further evidence against her on Day 5 of the Trial.
The defendants faced a host of charges including charges arising under the Dentists Registration Ordinance; breaching conditions of stay, and aiding and abetting, all arising from an Immigration Department operation targeted at an alleged unlicensed dental clinic at a flat in Sham Shui Po.
During the trial, the defence raised significant concerns regarding the manner of arrest and initial handling by Immigration officers, challenging the constitutionality of the warrantless entry, search, seizure, and arrest. Further, under the rigorous cross-examination of Azan, evidence revealed that the Defendants were directed to pose for camera and video shots by immigration officers; were “humiliated”; and the Immigration’s conduct on the day amounted to an impermissible “staging” of the arrests. Further investigation also revealed that there were videos that were intentionally deleted and not disclosed to the defence, thereby amounting to serious material non-disclosure.
Following submissions and an indication from the learned Magistrate, the prosecution confirmed that it would offer no further evidence against D5 and D6. The Magistrate accordingly ruled that there was no case to answer and ordered their immediate release.
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萬晨的馬亞山大律師和惲浩翹大律師（與 Harry Allman-Brown大律師）代表第六被告人（一名外籍家庭傭工）。在沙田裁判法院審訊第5天，控方選擇不提證供起訴，第六被告人獲判無罪釋放。
被告人面對多項控罪，包括《牙醫註冊條例》下的控罪、違反逗留條件，以及教唆及協助罪，全數源於入境事務處針對深水埗一單位內涉嫌無牌牙醫診所所採取的執行動案。
審訊期間，辯方對入境處人員的拘捕方式及初始處理程序提出了重大質疑，挑戰無令狀進入、搜查、檢取及拘捕的憲法合法性。此外，在馬亞山大律師嚴厲的盤問下，證供顯示被告人曾被入境處人員指示擺出特定姿勢拍攝照片及影片；被告人遭受「屈辱」；而入境處當天的執法行為已構成不可接受的「擺拍」拘捕。進一步調查更揭發，有部分影片被故意刪除且未向辯方披露，構成嚴重的重大不披露（material non-disclosure）。
在聽取陳詞及獲裁判官指示後，控方確認不再對第五及第六被告人提出進一步證供。裁判官隨即裁定控罪不成立（no case to answer），並下令將她們即時釋放。
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