A SUCCESS man has been fined close to $100,000 after concerns were raised about the activities of his Halls Head massage parlour.
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Kelvyn Kit Wing Chong, 42, and his company Success Australia Group were found guilty of two counts of contravening the provision of a planning scheme after community concern was raised about the type of activities undertaken inside the Glencoe Parade business.
Mr Chong’s lawyer Patti Chong argued the double beds found inside the parlour during a City of Mandurah inspection in December 2011 were to “house staff” who worked late as there were concerns for their safety.
A City of Mandurah prosecutor said while the term “prostitution” was never used, it was widely circulated that the premises were being used for “illegal activity”.
“It was clearly brazen,” he said.
“There was no winding down of activities between the December 2011 inspection and the January 2012 inspection by officers.”
Ms Chong argued “any suggestion the business was illegal for several purposes is not proven” and said her client had sub-leased the business to his manager, Jessica, who then failed to take the steps to remove the beds from the parlour following the inspection.
Describing the concerns as “heresay”, Ms Chong said the parlour had difficulty in retaining staff which is why Mr Chong had outsourced the business.
Ms Chong also argued erotic advertisements relating to the parlour were not proven to come from the business itself.
The City of Mandurah told Magistrate Vivien Edwards five beds were found during an inspection of the premise which clearly contravened the town planning scheme.
Magistrate Edwards heard at an earlier court hearing in April that Mr Chong had “no capacity” to pay a substantial fine.
It was later established Mr Chong had a large share portfolio in his wife’s name.
In sentencing Magistrate Edwards agreed there was no evidence to support any claims the parlour was used for illegal activites but said she was not satisfied appropriate steps had been taken to remove the beds once advised they were in breach of the planning scheme.
Mr Chong and his company were fined $85,000 and ordered to pay substantial penalties and court costs amounting to close to $100,000.
