Yanlin He sought leave to appeal the dismissal of his appeal from convictions for employing individuals without the required certificate of qualification for the compulsory trade of construction electrician.
He argued that the work performed was that of an industrial electrician (a voluntary trade) and that interpretation errors in a key witness's trial evidence affected his right to a fair trial.
The Court of Appeal admitted fresh evidence regarding the interpretation errors but found that even with the new translation, the Justice of the Peace's conclusion that the work constituted that of a construction electrician was open to her.
The court determined that the first issue was one of mixed fact and law, not law alone, and that the interpretation error, while raising a question of law, did not lead to a miscarriage of justice.
Leave to appeal was denied as the matter was fact-driven and did not transcend the parties or public interest, especially given the impending repeal of the relevant Act.
