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| The Eastern court magistrate acquitted employer who owns the unlicensed guesthouse |
By Vir B. Lumicao
A Filipina helper was sentenced on May 15 in Eastern Court to nine weeks in jail, suspended for 12 months, for breaching her condition of
stay by managing an unlicensed guesthouse in Causeway Bay
In contrast, her employer and co-defendant, who owns the
flat in which the guesthouse is located, was acquitted of managing the
unlicensed unit.
Magistrate
Vivian Ho found Pamela Mae Soriano, 38, guilty of two counts of “breach
of condition of stay” and one count of “managing a guesthouse without a certificate of exemption of a license”
after trial on Apr 24-25.
Ho said the
prosecution had successfully proved the defendant guilty beyond reasonable
doubt on all three charges.
But the magistrate acquitted the elderly employer, Tse
Wing-leung, saying the prosecution was not able to establish his guilt because
he was not in the guesthouse during the two nights that an undercover police
officer had rented a room there.
Soriano and Tse both pleaded not guilty to the charges
against them on Mar 4.
Officers who gave evidence in court said they raided the
guesthouse on Jul 11 after confirming that the Filipina was illegally managing
the guesthouse, which was part of a flat owned by Tse.
One of the officers said that at around 2:45pm on May 2 last
year he booked a room for one night in the guesthouse and was attended to by
Soriano, who charged him $1,200.
Then on Jul 11, the officer again booked a room. This time
the rate Soriano charged was $1,800 and she issued him a receipt.
The officer then called his team members and they raided the
premises, arresting Soriano on a charge of managing an unlicensed guesthouse.
They also discovered she was a domestic worker employed by Tse, who owned the guesthouse.
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Tse was also arrested, but was only charged with managing an
unlicensed guesthouse.
In mitigation, the defense lawyer said Soriano was a mother
of two who had separated from her husband and was the sole breadwinner of her family
that included her sick mother.
The lawyer pleaded for a lenient, non-custodial sentence,
citing the Filipina’s financial situation.
In sentencing, Ho said she realized that the maid could not
have committed the offense on her own.
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