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Consequences of overstaying, starting a business

11 April 2026

 

Two Filipinos facing breach of condition of stay charges – one for overstaying and another for establishing a food business – had contrasting endings to their cases after they pleaded guilty on Friday at the Shatin Court.

Gener Gordolan, 38 years old and an asylum seeker, was jailed for 12 weeks after pleading guilty to breach of condition of stay, contrary to section 41 of the Immigration Ordinance.

Acting Principal Magistrate Cheang Kei-hong set a starting point of 18 weeks imprisonment as penalty but gave him a one-third discount for his guilty plea.

Basahin ang detalye!

A complaint fled by the Immigration department said Gordolan overstayed his visa for almost four years, from Sept. 11, 2021 to Aug.  19, 2025.

He was permitted to land in Hong Kong as a tourist by an Immigration assistant by virtue of section 11 of the Immigration Ordinance and given two weeks to stay.

A domestic helper, E. Valdez, 49 years old, got off lightly when her charge of breach of condition of stay was withdrawn after she accepted a bind-over agreement under which she need not be punished if she does not reoffend for 12 months.

Otherwise, she will be fined $ 1,000.

She was charged after she was arrested in July 6, 2025 for selling food in Central.

Her condition of stay was that she must only take employment approved by the Director of Immigration, which is to work as a domestic helper for Tang Kit Mui at the address specified in their employment contract.

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