May 27, 2010

Restaurant?’s crays lead to court appearance

The owner of a Chinese restaurant has been fined $700 for having two spiny rock lobsters ? crayfish ? hidden in the freezer without a record of where they came from.

The fine on the unusual charge was imposed on 51-year-old company director Hoy Wei Ng by Judge Stephen Erber in the Christchurch District Court today. Ng admitted the charge, which carries a maximum penalty of a $100,000 fine.

Ministry of Fisheries prosecutor Grant Fletcher told the court that fish caught by amateurs could not be sold or bartered, and commercial premises had to record where they had acquired fish from.

Fisheries officers went to the Dragon Garden Restaurant on Riccarton Road on February 18. The property backs on to the Chinatown Market, and Ng is an owner of both businesses.

He was asked if he had any paua on the premises and showed officers to a commercial freezer in the market where they found two legal-sized crayfish in plastic wrap, hidden under frozen goods for sale.

There were no records legitimising the crayfish.

Ng said he had accepted them as payment for a meal from two customers who claimed to be unable to pay. The customers had given him no details and he did not know their identity.

Ng said had had hidden the fish in the freezer so they would not be consumed in the restaurant because they were to be used at a family function.

Defence counsel Trudi Aickin said an arrangement about later payment had been made with the two customers but they had returned later that evening and presented Ng with the two crayfish. It had been intended to use them for his daughter?s wedding function, but they had not been used and had been left in the freezer.

Judge Erber said: ?This is a case about only two crayfish. One might think that is a small, trivial matter, but the problem with restaurants accepted unrecorded fish of any sort is a very grave problem in this country. Fines are not going to be nominal only.?

He said he reduced the fine to $700 because of Ng?s immediate guilty plea.