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| The accused is facing 25 charges of fraud at the District Court |
A Filipino who operated a business getting Immigration Department to approve domestic helper visa applications using fake supporting documents, was jailed today for 36 months on 18 counts of conspiracy to defraud.
Homer Herrera, 41 years old, faced 25 charges of
violating Common Law, punishable under section 159C(6) of the Crimes Ordinance,
but pleaded guilty to 18.
Deputy District Judge Alice Chan sentenced him to 23 months’
imprisonment for the first charge. She also sentenced him to 23 months for each
of the 17 other charges and made them all run at the same time, except for 13
months which will run after the first sentence.
Judge Chan said the seven remaining charges, in which the
Immigration Department denied the visa applications, will be held on file for
future reference.
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| TAWAG NA! |
Herrera was seen smiling after Deputy District Judge Alice
Chan left the court room. His lawyer was heard telling him that having been in
jail for two years, he was due for release in two months after holidays and
discounts for good behavior are deducted from his prison term.
For the guilty plea, Judge Chan gave Herrera a 40 per cent discount
on his sentence, but this was wiped out by what she called “aggravating features”.
His being a Form 8 holder, or an applicant for asylum and
therefore prohibited from doing business in Hong Kong, added three months to
the sentence. His having been convicted on two occasions for similar charges,
resulting in his being jailed for a total of nine months, had no deterrent
effect on him so she added another three months. The fact that he pleaded
guilty to more than one charge added another three months.
Using a computer, Herrera produced fake supporting papers
for the applications to get Immigration officers to approve the visas, such as the
employers’ proof of address, tax declarations and utilities bills.
She noted that the business was well coordinated and lucrative,
even employing Filipino females who acted as intermediaries or agents to recruit
DH visa applicants.
Herrera charged $20,000 to $30,000 to domestic helper visa applicants,
and gave $10,000 to people who would sign their contracts, Judge Chan said.
“The employers were
fully aware that these were not genuine. And the domestic helpers did not
intend to work (as such),” she said.
Herrera arrived in 2007 and worked until 2015 as a musician.
However, he failed to get permanent residency even if his
father was a permanent resident, and thus applied for asylum to remain in Hong
Kong.
For details of the 25 charges, click here:
https://www.sunwebhk.com/2024/06/filipinos-visa-from-fake-jobs-case.html
https://www.sunwebhk.com/2024/07/5-charges-added-to-20-against-filipino.html
