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Filipina admits using fake contract to get DH visa; sentencing put off

17 January 2024

 


A Filipina pleaded guilty in Shatin Court yesterday (Jan. 16) to entering into a fake work contract to get a domestic helper’s visa, but her sentencing was put off as investigation continues on people who enabled the crime.

Elynette Montalban, 43 years old, was carrying her toddler when she entered the court on a charge of conspiracy to defraud, which is against Common Law, Criminal Jurisdiction Ordinance and Crimes Ordinance.

Acting Principal Magistrate Amy Chan acceded to a request of the prosecutor to put off the sentencing to Feb. 22 because the investigation could determine the extent of Montalban’s participation in the case and help assess the penalty to be imposed on her.

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She was accused as conspiring with one Kathleen Vizcarra and her supposed employer, Tam Ka-ki, to defraud the director of Immigration and his officers into granting her a visa by submitting a fake work contract.

The charge said the Immigration officers were induced “to act contrary to their public duty, namely to grant you permission to enter and remain in Hong Kong under circumstances which they would not otherwise have granted.”

Montalban was set free on $1,000 bail.

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Vizcarra was also mentioned in a similar case heard by Magistrate Chan, in which Filipina Virginia Jovilla pleaded not guilty  to two charges of conspiracy to defraud, saying she depended on her agent to process her application for a domestic helper’s visa.

Chan scheduled the pre-trial review for Feb. 26 and the trial for March 15.

Jovilla is out on bail of $1,000.

She is accused of conspiring with Vizcarra and her supposed employer Kung Yee-chi, to defraud Immigration officials from January to March 4, 2022 by submitting a fake work contract to be allowed to enter and stay in Hong Kong as a domestic helper.

From March 2022 to Jan. 31, 2023, she again allegedly conspired with Vizcarra and with another employer, Liu Chung-hang, to submit a fake domestic helper contract to Immigration and was granted another visa.

In both cases, Jovilla was told by her agent to just wait for her visa to be approved, her lawyer said.

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