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2 overstaying Pinays avoid jail despite pleading guilty

02 November 2024

 


Two Filipinas have avoided jail after pleading guilty at Shatin Court to breaching their condition of stay by not leaving Hong Kong when their visas expired.

Both J. Apalis and M. Zabala received identical sentences of six days in prison, suspended for 12 months, which will enable them to leave for the Philippines immediately without having to spend a day in prison.

But Magistrate Andrew Mok warned them in a hearing Friday (Nov. 1) that if they commit a new offense within the one-year period, they will be made to serve their sentences in addition to the penalties to be imposed for their new offenses.

I-CLICK DITO

They were originally sentenced to nine days in prison in these cases, based on complaints filed by the Immigration Department, but were given a one-third discount because they pleaded guilty.

Apalis, 41 years old, was charged with violation of section 41 of the Immigration Ordinance, when she remained in Hong Kong after the grace period of two weeks following her termination as a domestic helper on April 17, 2023.

Her overstay was officially until Oct. 27, 2023, or for about six months, when she filed her claim for asylum in Hong Kong which was eventually turned down.

PINDUTIN DITO

Her lawyer sought a light sentence for her, citing her clean record, remorse and desire to go home to her mother and teen-aged son in the Philippines.

Zabala, also 41 years old, had overstayed from May 23 to June 7 this year, or 15 days, after her DH contact was terminated on May 8.

Her lawyer said she had to stay longer because of financial problems, but since these have since been resolved, she voluntarily surrendered to Immigration. 

Basahin ang detalye!
She now wished to go home soonest and asked for a lenient sentence.

A similar third case heard by Magistrate Mok involved C. Ondivilla, aged 36, who was released on bail of $30 when her lawyer sought an adjournment to Nov. 29 because she was filing her non-refoulement claim.

She is charged with overstaying from Jan. 15, 2024 -- two weeks after she was terminated on Jan. 1, 2024 -- until her arrest last Sept. 9.

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