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Pinay, 71, avoids jail for submitting fake job contract to get visa

08 April 2024

Case was heard at Shatin court

A 71-year-old Filipina domestic worker avoided jail today, Monday, after being convicted in Shatin Court of conspiracy to defraud the Immigration Director for entering into two fake employment contracts that enabled her to get an employment visa.

Acting Principal Magistrate Amy Chan acknowledged the appeal of Virginia Jovilla’s lawyer for a lenient sentence in recognition of a clean record in her 40 years’ service to a number of families and her contributions to Hong Kong society.

Magistrate Chan, after consulting the prosecution about the punishment in a similar case in the past, chose a starting point of six months in prison for each of the two charges, which became four months after deducting the one-third discount because of her guilty plea.

TAWAG NA!

Not only did Chan make the two jail terms run at the same time, she also suspended them for three years. 

“You will not go to jail today,” she told Jovilla, “but if you reoffend during the next three years, you will have to serve the three months.”

Earlier, Magistrate Chan was also assured by the prosecutor that Jovilla will be deported upon conviction.

The case arose after Jovilla presented to the Immigration Department two fake employment contracts during the two times she applied for her working visa, with the help of agents Liu Chung Hang and Kathleen Emily Vizcarra.

PINDUTIN DITO

The first fake contract, with a certain Kung Yue Che and processed between January 2022 and March 4, 2022, “induced the said Director and his officers to act contrary to their public duty… under circumstances which they would not otherwise have granted,” the charge said.

The second fake contract, with a certain Lee Wai Kong, was processed between March 2022 and Jan. 31, 2023, and also resulted in a visa being issued to her.

Jovilla’s lawyer, in mitigation, said what she did was out of character.

Her last legitimate employer, for example, let her go after she worked for them for 10 years, because they were emigrating from Hong Kong.

Jovilla entered into the fake contracts because at her age, it was difficult to get a proper employer, and she was desperate to remain in Hong Kong because she had to support four older siblings in the Philippines who all had health problems, the lawyer added.

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