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Filipina cleared of overstaying after prosecutor offers no evidence

06 March 2024

The case was heard at Shatin court

A young Filipina was cleared of a charge of overstaying after the prosecutor offered no evidence at Shatin Court yesterday (March 5).

Instead, B. Basilio, 19 years old, entered into a bind-over agreement, under which she promised not to reoffend for one year. If she does, she would be fined $1,000.

Acting Principal Magistrate Amy Chan also charged $1,000 for court costs to her, which was the amount she had tendered as bail.

TAWAG NA!

Hong Kong's Community Legal Information Centre (CLIC) defines a bind over as "neither a conviction nor a punishment. It is a preventative measure whereby a person enters into a recognisance before the court (gives a promise) to engage in good behavior and to keep the peace for a period not exceeding three years."

Basilio was charged with breach of condition of stay, a violation of Section 41 of the Immigration Ordinance which sets a penalty of up to two years' imprisonment.

PINDUTIN DITO

When she arrived in Hong Kong as a visitor, she was allowed by an Immigration officer to stay for two weeks until Feb. 8, 2023.

However, according to the charge sheet, Basilio remained until Sept. 27, 2023 -- an overstay of more than seven months. 

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PADALA NA!

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