Overstayer for 20 years appeals to High Court

A Filipino who overstayed in Hong Kong for 20 years asked the High Court to reduce his sentence so that he could go home to the Philippines in time for Christmas.

Marlon P. Ramos, 58, appeared before Deputy High Court Judge S. D’Almada Remedios on September 21 and asked that his jail sentence of 12 months be reduced.

“I wish to go home so that I could attend a grand reunion of our family as well,” Ramos told the judge.

Ramos surrendered to immigration authorities in Kowloon Bay on January 5 after overstaying in Hong Kong for 20 years.

A lower court eventually sentenced him to 12 months in prison after reducing his sentence by four months because he voluntarily surrendered to the authorities.

However, Judge D’Almada Remedios grilled him as to why he wanted to go home when he had sought asylum in Hong Kong on the same day that he surrendered to Immigration.

In his asylum claim, Ramos said he was afraid that he would be killed, due to a land dispute, if he was brought back to the Philippines.

“You said you would be killed or murdered if you returned home. In that letter, you said you wanted to remain in Hong Kong,” the judge said.

Ramos answered that he did not actually want to file the asylum petition and was only egged on by an interpreter. The petition was eventually withdrawn on May 29.

“I was the last guy being processed that day (January 5) and they were rushing and so I just signed and signed,” Ramos said.

“I was told that if there was a misunderstanding, I can alter or say it in court,” the appellant added.

However, the government lawyer opposed Ramos petition that his jail sentence be reduced, adding that the 20-year period that the Filipino overstayed in Hong Kong was among the longest recorded in the territory.

“The learned magistrate (who convicted Ramos) has handled many similar cases and he said this is the longest…20 years,” the lawyer said.

He noted that other overstaying cases that had gone through the Hong Kong judicial system involved foreigners who overstayed for 13 years or 10 years.

“(An overstay of) 20 years is very, very long….If anything, (Ramos’ sentence) is a lenient one,” the lawyer said.

Judge D’Almada Remedios agreed that it was “very long.”

She said Ramos would again be brought to the High Court once her ruling on his appeal is ready.