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Filipina overstayer spared jail term so she can look after autistic daughter

17 November 2021

By Vir B. Lumicao 

Shatin magistrate spared the Filipina from going to jail so she can look after her autistic kid

A 34-year-old Filipina former domestic helper who pleaded guilty in Shatin Court to charges of overstaying in Hong Kong for more than three years and not registering the birth of her baby has managed to avoid spending time in jail so she can look after her autistic daughter.

M.J. Odango was sentenced on Wednesday by Magistrate Jason Wan to two months in prison, suspended for 12 months, for overstaying. But she was fined $1,000 for failing to register the birth of her daughter, now 3 years and 9 months old.

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The prosecution charged her with breach of condition of stay for overstaying from Feb 12, 2018 to July 26, 2021 and for failing to register the birth of her daughter, who was born with autism.

Wan noted the seriousness of both crimes. He said normally the baby would be left to the care of the Social Welfare Department while the mother was in prison but acknowledged that because the baby has autism, she will need 24-hour care.

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The defense lawyer hailed the sentence as “the humanity of the court” for considering the baby’s plight.

In mitigation earlier, he cited a psychologist’s report that said the baby girl still needed constant care despite being more than 3 years old. The report said keeping her away from her mom would damage her psychological development.

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The lawyer said the defendant first came to Hong Kong to work as a domestic helper in 2010. Then she met a US pilot, Michael William, who became her boyfriend.

The defendant got pregnant and she and William had plans to wed in Hong Kong after he returned from a trip to the United States. However, William’s parents one day informed her that their son was killed in a car crash.


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The woman lost her job in January 2018 and, instead of going home, she decided to overstay when her 14-day visitor visa lapsed on Feb 12 of that year, the lawyer said. She ruled out going home due to her frayed relationships with her sister and mother.

During her overstay, she did not work illegally and did not rely on the government for support, the lawyer said. She also showed her intention to return home and prepared for it by registering the baby with the Philippine government.

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When the magistrate asked for proof of the fatal crash, the lawyer said all he received were instructions from the boyfriend’s parents. The magistrate accepted the explanation.\

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