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Filipina, employer cleared of illegal work charges

24 December 2024

 

Trial of Filipina and employer at Shatin court ends in acquittal 

A Filipina domestic helper and her Italian employer walked free from Shatin Court today after they were acquitted of illegal work charges arising from her being present at his office during routine checks by Immigration officers.

Deputy Magistrate Johnny Cheung gave credence to the argument of the defense during trial that being present in the office of Carlos Alberto Perez Nunez at Sabatini Hong Kong Ltd., did not mean that Juvy Sonido, 38 years old, was working there.

With this conclusion, Magistrate Cheung cleared both Sonido and Perez Nunez of three charges each.

They had been on bail of $1,000.

PINDUTIN PARA SA DETALYE

Sonido, whose domestic employment contract with Nunez was approved by the Immigration Director on Aug 19, 2021, was alleged to have performed odd jobs at Sabatino Hong Kong Limited, which is described on its website as an importer, manufacturer and distributor of truffles.

She was originally accused of working at the said company four times from Aug. 19, 2021 to  Dec. 5, 2021, contrary to her visa condition which forbade her from taking up any employment without approval from the Director of Immigration.

Nunez, described in the HK IFBA's (Imported Food & Beverage Association) website as Sabatino HK's director, was alleged to have aided and abetted Sonido’s illegal work each time.

Basahin ang detalye!

During the trial, one charge each was withdrawn against both Sonido and Nunez.

Sonido was thus tried for three counts of violating sec 41 of the Immigration Ordinance (Cap 115)  and Regulation 2 of the Immigration Regulations, which forbid anyone who is on employment visa in Hong Kong to take up jobs other than what is stipulated in their contract.

Nunez was also tried for three counts of aiding and abetting illegal work, which is contrary to section 89 of the Criminal Procedure Ordinance (Cap 221) and section 41 of the Immigration Ordinance (Cap 115) and by virtue of Regulation 2 of the Immigration Regulations. Under section 41 of the Immigration Ordinance, anyone found to have worked, whether paid or unpaid, without approval from the Immigration Department, is liable to a maximum fine of $50,000 and imprisonment for two years.

On the other hand, sec 89 of the Criminal Procedure Ordinance provides that “any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like (same) offence.”

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