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| Shatin Court |
Two domestic helpers arrested three years ago for illegal work were found guilty and sentenced to 10 weeks’ imprisonment on Friday, October 16.
But they managed to convince the Shatin Court to grant them bail of $5,000 each, pending an appeal at the High Court.
Magistrate Pang Leung-ting convicted Filipina Bambi Gabriel,
44 years old and Indonesian Wakinah, 48, on the strength of the testimony of a
prosecution witness and 19 photos and videos he presented to the court showing
the two doing the work of shopkeepers in a store near Shek O beach.
“I find PW1 (prosecution witness 1) honest,” the magistrate
said, citing his descriptions of the pictures.
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| DETAILS HERE |
The witness, who owned a nearby store and, using his mobile
phone, took the photos and videos of the two helpers opening their employer’s
store, arranging stocks, putting out the sun shade and serving customers on
week days, not on weekends when their employer’s relatives visited.
He then took the photos to the Immigration Department to
complain, which led to the helpers’ arrest for working illegally between May 4
and August 25, 2023.
Their employer also lived in the same address.
Gabriel and Wakinah were charged with identical charges of
breach of condition of stay, contrary to section 41 of the Immigration
Ordinance, and by virtue of Regulation 2 of the Immigration Regulations, which
provide that domestic helpers cannot do work other than household chores for
their employers at their address
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| Basahin ang detalye! |
Their defense lawyer did not specify the basis for the
appeal, but said “special issues” cited by Magistrate Pang in his verdict have raised
questions.
During cross examination, he noted, an Immigraton officer
admitted that she did not apply for a search warrant or arrest warrant to enter
the premises and arrest the two domestic helpers, which rendered the operation
illegal.
The officer also admitted that she got permission from the chief
immigration officer five hours after the arrest, which rendered the process illegal.
Further, the witness admitted that she rejected the domestic helpers’
request to make phone calls to their employer.
Magistrate Pang also noted that no interpretation service was
available, to enable the two to understand their rights.
They also were not informed how the recorded video interview
came about, without realizing the questions being asked of them and their
answers would be used as evidence in court.
The two are still employed by the same employer.
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