Two domestic workers plead guilty of breach of condition of stay
The first Filipino domestic worker faced 10 months of imprisonment for overstaying for 15 months.
Bugayong V.C., was presented in the dock of the courtroom of Shatin Magistrate’s Courts on June 10 as she was held in custody by the court.
The interpreter read the charge against the 54-year-old domestic worker as soon as the court identified the name and language to be used in the hearing.
On 10 May 2022, under the Immigration and police operation Bugayong’s Hong Kong ID was checked, and was found that her visa ended on 3 July 2005. She was arrested and sent to the Immigration Department and was held in custody.
Upon further investigation, it was found out that Bugayong came to Hong Kong on 3 July 2003 to work as a domestic worker. Her employment visa ended on 3 July 2005 and stayed in Hong Kong without the permission of the Director of Immigration until she was arrested.
Bugayong was charged with breach of condition of stay, an Ordinance of Immigration Department, an offense contrary to section 41 Cap. 115, Laws of Hong Kong.
Filipino interpreter read and translated into Tagalog the charge and the brief facts of the case, in which Bugayong said that she understood the charges against her, and pleaded guilty.
Acting Principal David Cheung Chi-wai, asked her defense lawyer to give the mitigation before he gave the judgment to Bugayong.
The defense lawyer explained that, Bugayong V.C., is a 54-year-old domestic worker with two adult daughters in the Philippines, aged 26 and 29. The lawyer said that Bugayong was remorseful and wanted to go back to the Philippines soon as her mother who is very old already could not take care of her two daughters, and she wanted to take care of her daughters.
AP Magistrate Cheung announced to the court that upon hearing the facts about the case of Bugayong for breach of condition of stay, she was sentenced to 15 months but as Bugayong pleaded guilty, he reduced the punishment to 10 months of imprisonment.
Another case of breach of condition of stay in the same courtroom was heard.
Police checked Ocampos’ Hong Kong ID while she was on the road. Upon initial investigation by the police, it was found out that her visa ended on 7 May. She was arrested and her case was transferred to the Immigration department.
Upon investigation, it was found out that the 36-year-old domestic worker, Ocampo L.Q., employment visa ended on 7 May 2022 but did not report to Immigration Department and overstayed for one month. She pleaded guilty.
AP Magistrate Cheung gave Ocampo imprisonment of 6 days suspended within 12 months, which means that she should be imprisoned for 6 days because of her violation but this will be suspended within a year or she will not be put in prison unless she will commit another crime in the period mentioned, and that will be the time that she will be in jail for 6 days including the sentence of her supposed crime committed.
Another case of breach of condition of stay was heard again in the same courtroom of Esquillo RM O but the case was adjourned on October 3 as the Filipino woman made an appeal and need a judicial review as the prosecutor of the court explained.