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Case of 2 DHs charged with fighting in public ends with bind-over

26 June 2024

 

The two protagonists leave court a few meters apart with their own supporters

The case against two domestic helpers who were arrested after fighting in a public market, ended today at Shatin Court, with the prosecution dropping the charges in return for both promising not to reoffend

Acting Principal Magistrate Amy Chan was initially reluctant to approve of the prosecution’s bind-over offer to A. Exconde, 42 years old, and L. Pagurayan, 46, because they appeared without a duty lawyer who could explain it to them.

The two were both charged with fighting in a public place, which is contrary to Section 25 of the Public Order Ordinance, after fighting last May 27 outside the female toilet of the Jubilee Happy Market on Lok King St in Shatin.

TAWAG NA!

Chan suspended the case’s hearing and sent them to the Duty Lawyer Service of the court. They returned a few minutes later, only for the assigned lawyer to say he could not formally take over their case because they still needed to present some documents.

“It is not in public interest to prosecute you,” Magistrate Chan told Exconde and Pagurayan..

So Chan explained the bind-over arrangement to the two herself, saying it would not leave a criminal record on their history of stay in Hong Kong if they would not reoffend within one year. If they do, they will be fined $1,000 and will be punished for the new offense.

The two accepted.

Chan charged them $500 each as court costs, to be taken from their cash bail of the same amount.

The case was resolved after the prosecutor told Chan that they would offer no evidence and opt for a bind-over, because Pagurayan had promised to pay the $3,000 that she owed Exconde – the main reason for the fight.

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