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Ex-DH pleads guilty to overstaying, avoids jail

14 December 2023

 


 A Filipina who overstayed her visa by a month and a half and sought asylum in Hong Kong, barely avoided being jailed today after she pleaded guilty at Shatin Court to violating the Immigration Ordinance.

Marylene Chavez, 49 years old and former domestic helper, was meted a suspended sentence of six days in jail for breach of condition of stay.

But since Magistrate David Chum suspended the sentence for the next 12 months, Chavez would not see the inside of a prison cell if she does not commit any offense during the period.

DETALYE

Her duty lawyer said Chavez, who is separated and has three children in the Philippines, had worked in Hong Kong as a domestic helper for nine years before she was terminated because she had become sickly.

She tried to find a new employer but ran out the two weeks allowed her after being terminated.

Having overstayed, she applied for asylum and sought to prevent the Hong Kong government from forcibly sending her home.

PINDUTIN PARA SA DETALYE

However, she eventually decided to drop her asylum claim and pleaded guilty so she can go home.

This was not what another Filipina, Marina Irene Benamer, 54 years old, chose to do.

Her lawyer asked Magistrate Chum for an adjournment to await the result of her appeal for the High Court to reverse the decision of the Torture Claims Appeal Board (TCAB) that rejected her application for asylum.

Pindutin para sa detalye

Chum scheduled the next hearing for April 16 next year, and released her on a bail of $500.

Benamer is charged with breach of condition of stay for having overstayed in Hong Kong for almost four years.

She arrived in Hong Kong as a tourist and was allowed to stay until March 15, 2017 but she did not leave as required, until she was arrested on Jan. 5, 2021.

Pindutin para sa detalye

She has since applied for asylum, but has been rejected by the Immigration Department and then the (TCAB) and is pinning her hopes on the High Court.

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