36-year-old OFW using different names on her HK ID gets  two years suspended sentence 

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Shatin Law Courts

36-year-old OFW using different names on her HK ID gets  two years suspended sentence

A big smile from the 36 years old OFW was obviously a result of her happiness after the Magistrate announced that she will not be imprisoned for her criminal offense against the Immigration Department.

Instead, Principal Magistrate David Cheung Chi-wai of Shatin courts gave her two months of imprisonment suspended for two years, meaning, the jail time given to her of 2 months was postponed for two years in the condition that in this two-year period she will not commit any violation.

More than the suspension of her jail period, it was reduced from 3 months to 2 months as she pleaded guilty and with the mitigation presented by her lawyer. She has a clear record, was remorseful of her mistakes and she is presently working with her employers, aged 85 and 89.

V Ginalyn G also known as G Diana was charged with two offenses.

The first offense, according to the court document is contrary to section 42 (1) (a) of the Immigration Ordinance, Cap. 115, Laws of Hong Kong.

She was charged that on or about 27 March 2021 in Hong Kong, she did make a representation, knowing the same to be false or not true, to an Immigration officer lawfully acting under or during the extension of her visa under the Immigration Ordinance.

The second offense, contrary to regulation 18 (1) (b) of the Registration of person regulations, Cap. 177A Laws of Hong Kong.

From the court document, it was explained that V Ginalyn G aka G Diana, was charged on 20 April 2022 in Hong Kong, having in her possession of Hong Kong identity card which showed or included particulars that were different from what she previously submitted to a registration officer and without reasonable excuse, had not reported to the nearest registration office.

On the Immigration record, she submitted her present ID using the present name she is using, but when the ImmDept checked the fingerprints record, it was traced to the Hong Kong ID with a different name with the exact fingerprints. It was found out that she used a different name on her first HK ID which she used when she first arrived and worked in Hong Kong.

The first offense was dismissed as there was not enough evidence for the case.

V Ginalyn kept on smiling outside the court, and when asked what lesson she got from her case, she said:

“Dapat po sumunod talaga sa batas ng Hong Kong, at maraming salamat at di ako nakulong”.

 

What is Suspended Sentence?

A suspended sentence is a sentence of imprisonment for the purposes of the RHO. When a sentence is suspended, the court imposes a prison sentence but does not order it to take effect immediately. Under s. 109Bof the Criminal Procedure Ordinance (Cap. 221), a court that imposes a sentence of not more than two years imprisonment may suspend that sentence for a period of not less than one year and not more than three years. The prison sentence is left hanging over the head of the offender for the period of suspension.