DH who falsified reason for termination gets 7-month jail

The accused was sentenced to 3 months in jail after refusing to implicate her agent 

Domestic helper Cherryl Danipog preferred not to implicate the employment agent who told her to change the reason for terminating her previous contract, an offence she has pleaded guilty to, rather than get a discount on her penalty.

So aside from the one-third discount she was entitled to for pleading guilty , Danipog did not get any more reductions on her punisment for two charges – making a false statement to gain an entry permit, and possessing a false instrument – and was sentenced last July 3 at Shatin Court to seven months in prison.

The sentencing had been put off because Danipog promised to testify against the agent who told her to change the cause of her original resignation to “husband will go in Brazil”, which she wrote on her application for permit to enter HK.  

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Her cooperation could have helped reduce her sentence, but the prosecutor said she refused to testify.

Acting Principal Magistrate Amy Chan sentenced her to nine months in prison for the first charge sand six months for the second. Because she pleaded  guilty in a hearing last June 5, the sentences were reduced to six and four months.

Based on the totality principle by which the two related offenses were weighed, she then ordered that the first three months of the second penalty overlap the first, resulting in a total of seven months.

Last June 5, Danipog admitted that she answered “husband will go in Brazil” when asked in the application form for entry permit, for her reason for termination.

She was prosecuted for giving the answer “knowing the same to be false or not believing the same to be true….”, which is a violation of the Immigration Ordinance,

The second charge – possessing a false instrument, a violation of the Crimes Ordinance – arose from having in her possession a notification of termination of an employment contract signed last Jan. 24, “which was false and which (she) knew or believed to be false.”

Since she had been detained since her arrest, Danipog was returned to jail to serve the rest of her sentence.

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