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DH who finished contract but overstayed gets suspended sentence

22 December 2023

 

The court heard the Filipina overstayed for 2.5 months after failing to find a new employer

A domestic helper who finished her contract but failed to find another employer, resulting in her overstaying her visa for two and a half months, got off lightly yesterday (Dec. 21) in Shatin Court after she pleaded guilty.

C. Calaunan, 44 years old, tensed up as Magistrate David Chum started sentencing her for breach of condition of stay: “I will adopt 15 days (imprisonment). For pleading guilty, I cut it to 10 days. For surrendering, to eight days.”

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He concluded that her sentence was suspended for 12 months, telling her, “If you do not reoffend within one year, no need to go to prison.”

She heaved a sigh of relief and was teary-eyed as she sat to wait for documents to sign.

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Calaunan had earlier worked as domestic helper for four years, finishing two contracts, her duty lawyer said.

However, after her last contract ended last July 30, she looked for a new employer but failed to find one.

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After two and a half months of fruitless search, Calaunan surrendered to the Immigration Department on Oct. 27 and was subsequently charged with breach of condition of stay.

The condition that Calaunan breached was that she leave Hong Kong upon completing her contract on July 30, 2023, or two weeks after termination, whichever is earlier.

The lawyer said all she wants now is to be able to go home and reunite with her three children in the Philippines.

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“Under these circumstances, we hope you consider a lesser sentence,” the lawyer pleaded in mitigation.

Magistrate Chum granted the request.

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