By The SUN
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| The case was heard at West Kowloon Court |
A Filipino who was caught on the roof by a resident of a building in Kam Tin, Yuen Long, was cleared of a charge of burglary at the District Court on Wednesday, but was found guilty of the alternate and lesser charge of loitering.
Wilbert M. Abad, 35, was also found guilty of breach of condition
of stay, after police who investigated the case discovered that he had
overstayed his visa for nearly eight years, from May 7, 2013 to Mar 31, 2021.
He tried but failed to convince the court that he had not violated his visa condition by virtue of his being a member of a group recognized under the United Nations charter.
Deputy District Judge C.H. Li, in a hearing held at the West Kowloon Law Courts, adjourned the case to Apr 19 for sentencing.
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Police had arrested Abad on Oct. 15, 2020 on suspicion of trespassing with “intent to steal” and causing a woman resident to be “concerned for her safety”.
In summing up his verdict, Judge Li questioned why Abad would go to the trouble of going to the roof just to steal.
But he added that he was unable to conclude burglary because of the following reasons:
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• He was not carrying
a weapon
• He did not try to open a door to enter flats with access
from the roof.
• He did not cause damage or injury.
Abad’s lawyer agreed with the verdict, but sought leniency, saying the defendant even apologized when he was caught, and that
he did not injure or threaten to assault anyone.
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Aside from having a clear record, his being on the roof “is
out of character,” his lawyer added.
The lawyer said that Abad was not a bad person, and had even
dreamed of becoming a police officer. He took up criminology in college in the
Philippines to pursue that dream, but failed to finish it. Before he came to
Hong Kong, he worked as a security guard.
His lawyer recounted that Abad arrived in Hong Kong in 2012 as a domestic helper but was later terminated. He tried to find another
employer but failed, then overstayed his visa.
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| PINDUTIN PARA SA DETALYE |
In documents he submitted to court to defend himself from
the charge of breach of condition of stay, Abad claimed he was exempt from
prosecution because he was a member of a group called Alpha Omega World
Development Marshall Program. He also submitted his identification card.
Abad cited Article 9 of the United Nations Charter as basis
for the exemption. A check of the UN charter, however, showed that Article 9
described the composition of the UN General Assembly.
When the defense lawyer brought this up, citing Abad’s belief that he was exempted was a mitigation, Judge Li said, “I’m not prepared to believe this.”
He paused the proceedings to give the lawyer five minutes to confer with
Abad.
When the hearing resumed, the lawyer withdrew her arguments about Abad’s claim to exemption.
