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DH gets suspended 6-week jail term for hawking in Central alley

18 February 2021

By Vir B. Lumicao 

An officer saw the accused selling mobile phone accessories in the alley

A 48-year-old Filipina domestic helper was handed a six-week jail sentence, suspended for a year, after she admitted in Shatin Court today, Feb 18, that she had been selling cellphone accessories in breach of her visa condition.

The defendant, E.G. Ayungao, pleaded guilty to a charge of breach of condition of stay before Magistrate Jason Wan when she was committed to the court.

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The prosecution said Ayungao was arrested last Aug 30 on Li Yuen Street West in Central while she was selling mobile phone accessories such as USBs, chargers, power banks, earphones and phone cases.

According to the prosecution, an Immigration officer was patrolling the alley that Sunday when she saw the defendant offering her goods to passersby.

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The officer checked her Hong Kong ID and found out that she was permitted to work as a domestic helper of Jennifer Fong at Robinson Heights, Mid-Levels starting on July 28, 2019.

The charge sheet said Ayungao “did contravene a condition of stay… imposed on her by an immigration assistant” while she was allowed to work as a domestic helper in Hong Kong, by establishing a business of selling the phone accessories.

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In mitigation, the defense lawyer asked the magistrate to impose a suspended sentence, as Ayungao is the sole breadwinner of her family in the Philippines.

The lawyer said his client is married to a 55-year-old farmer who has no other income, and that her two adult children, a daughter aged 21 and a son aged 26, are unemployed.

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Wan said after considering Ayungao’s clear record, the defense lawyer’s mitigation and her guilty plea, he was imposing a discounted prison sentence of six weeks, which will be suspended for 12 months.

But the magistrate warned the helper not to commit any offense again, as doing so would revive the sentence and would be added to the sentence on her new offense.

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