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| Verdict was handed down in Shatin Court |
A domestic helper who insisted in a trial at Shatin Court that she was not working as a waitress in a Shau Kei Wan restaurant when she was arrested for ilegal work last Feb. 24 , was jailed for three months today for breaching her condition of stay.
Jenny Guzman, 44 years old, failed to convince Deputy Magistrate Li Cheuk-wai that she was simply doing a “kind gesture” while waiting for her boyfriend to finish his work as a cook in the restaurant.
As a domestic helper, she is forbidden by her condition of stay set when she was given an employment visa, from accepting any work other than domestic helper duties for her registered employer,
Magistrate Li gave weight to the testimonies of
Immigration officers who posed as customers and were served by Guzman who
opened the door for them, took their take-away order, accepted their payment
and gave their change and receipt.
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Citing the testimonies of the three prosecution witnesses, which
she described as honest and reliable, Li said Guzman even charged them $2 for
the take-away container, indicating her familiarity with restaurant procedures,
and gave them water while they were waiting for the food they ordered.
She also noted that Guzman operated the cash register without consulting the
restaurant’s owner, who was sitting nearby and who was also called as witness
in her defense.
“Defendant does not have proof to prove her innocence,” Li
concluded, rejecting the testimony of Guzman
and the restaurant owner.
In mitigation, Guzman’s duty lawyer said she was a single
mother and was the sole breadwinner for her son and daughter who are now both
in college in the Philippines.
He sought a lenient sentence so she could resume sending
them money sooner.
Magistrate Li said the sentencing guidelines prescribe the penalty
for Guzman’s offense as three months in prison. “No more further reduction,”
she added.
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