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| Place where Filipina was arrested (Google Maps photo). |
A domestic helper who was arrested after serving food to undercover government officers in a restaurant, taking their payment, and giving their receipt and change, was acquitted today at Shatin Court after the prosecution failed to convince the magistrate that she violated the Immigration Ordinance.
Instead, Deputy Magistrate
Tai Kwan-hang advised Jennifer Natal, 48 years old, to avoid doing what may cause
people to suspect that she was doing illegal work.
With the ruling, Magistrate
Tai cleared Natal of the breach of condition of stay charge filed last July 20 by
the Immigration Department.
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| Pindutin para sa detalye |
Under section 41 of the Immigration
Ordinance, any person who contravenes a condition of stay is punishable by a
fine of up to level 5 ($50,000) and imprisonment for two years. Among such
conditions is working only for the employer approved by the Immigration
Commissioner.
The case arose after a
Department of Labor inspector and two police officers in civilian clothes dropped by a Filipino restaurant
near Jordan Road in Kowloon last July 16, ordered food and were served by Natal.
Magistrate Tai said he gave
full weight to the testimonies of the three prosecution witnesses who said they
observed that she was familiar with the operations, such as operating the cash machine without supervision.
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| Basahin ang detalye! |
After they paid and received
their receipt and change from Natal, they arrested her.
While she clearly did work that was directly connected to the restaurant’s operation, Tai said, the prosecution
failed to give evidence that Natal -- who had been working for the restaurant’s
owner as a domestic helper for 10 years -- had a working relationship with the
restaurant.
He noted, for example, that there
was no direct evidence to show that duties were assigned to her.
Tai also noted that they observed
her during the 39 minutes that they stayed in the restaurant. “If the observation
was longer, the conclusion may have been different,” he added.
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