A director of a company, who owns a Chinese restaurant in Marsascala, has filed a judicial protest, claiming authorities’ “draconian” decisions with regard to his work and residence permits were disproportionate.

Chinese national Hou Wen Tao said he has been living in Malta for a number of years, and his residence permit has been renewed regularly over the years. He owns Golden Dragon, a Chinese restaurant in Marsascala, and a house in Attard, he said in his judicial protest.

In a letter dated 26 May 2010, he was told by the Employment and Training Corporation (ETC) that his work permit has been revoked definitively.

A few days later he received a letter from the director of the Department of Citizenship and Expatriates, in which he was told that his residence permit will only be valid until 30 July 2010.

He claimed he was told that the reason behind his permits having been revoked was a judgement by means of which he was found guilty of employing a Chinese man without an ETC work permit.

Mr Tao explained that the authorities had been carrying out twice-weekly inspections at the outlets he owns in different parts of the island for several months.

On one particular occasion, the authorities came across a Chinese cook working at a take-away in Attard who was not in possession of a passport. Mr Tao was accused of employing the man without a work permit. He pleaded guilty and was fined €1,600.

Mr Tao said he has written a detailed letter to the ETC, asking them to reconsider their decision. The ETC, however, soon informed Mr Tao’s lawyer that their decision regarding the revoked work permit had been confirmed.

This decision, said Mr Tao, was disproportionate to the contravention, for which he was fined, especially considering that nobody else found guilty of employing people without a work permit ever had work and residence permits revoked.

Mr Tao said he is the director of the company Hua Xia Limited, employs three people and runs the Chinese restaurant in Marsascala, which is completely separate from the Attard outlet where the Chinese cook was found to be working without a work permit.

Mr Tao said the authorities’ decisions against him are disproportionate and will clearly cause him trouble, both in terms of work, as well as the property he owns in Attard.

He is holding the ETC and the director of the Department of Citizenship and Expatriates responsible for damages and said that unless they review and withdraw their “draconian” decisions, he said he will take legal action against them.

The writ was signed by lawyer David Gatt.