Overstaying FDH Jailed after Registering Son with Autism
7 hours ago
A 38-year-old Filipino domestic worker was sent to jail after overstaying in Hong Kong for almost seven years to be with her Chinese husband and their son, who has autism.
Sha Tin Magistrate Colin Wong on May 31 sentenced Hazel P.S., who is from Capiz, to four months in prison for overstaying since July 2009.
“I appreciate that the reason for the overstay is not to seek employment,” Judge Wong told Hazel, who was seen wiping away tears.
Her husband, K.K. Chan, was fined $2,000 for failing to register their son 42-days after his birth in 2011. The defendants claimed they were not aware that their son’s birth should be registered with the government.
Judge Wong also sentenced Chan to three months in jail for aiding and abetting Hazel’s overstay but the sentence was suspended for 24 months. This means that, if Chan does not commit a crime in the next two years, he will not go to jail.
Their offenses were discovered after they registered their son, who needs special care. The defense lawyer said Hazel arrived in Hong Kong in 2007 to work as a foreign domestic worker.
Her contract was terminated in 2009 but she did not go home to the Philippines and stayed here in Hong Kong, where she later met Chan.
“(The two defendants) fell in love,” the lawyer said.
She gave birth to their son in 2011 but as he grew older, he showed signs of autism and thus needed special care.
“He’s now five years old but he cannot speak or walk properly. He can’t take care of himself,” the lawyer said.
He said Chan, a 56-year-old security guard who earned $15,000 a month, was the sole breadwinner of the family.
“Because of his criminal record in this case, he won’t be able to work again as a security guard,” the defense lawyer told the court.
He added that Chan also needed to take medicines daily for his heart and kidney ailments.
“This case is both fortunate and unfortunate for their family. It is unfortunate that they will be separated for some time,” the lawyer said.
“But it is also fortunate that, afterwards, they can be reunited again here in Hong Kong,” he added.
He said couple finally got married after the authorities decided to pursue charges against them.
“They’ve shown genuine remorse by pleading guilty and they’ve also shown a genuine relationship and support for each other,” the lawyer said.
A crying Hazel hugged Chan tightly before she was led out of the courtroom and into prison.
(Source: HongKongNews.com.hk)