Overstaying Pinay and Chinese lover escape jail term

HONG KONG - A Filipina who has overstayed her visa and her Chinese lover and protector were ecstatic after a Sha Tin magistrate gave them suspended sentences so they could begin rebuilding their lives legally in the territory.

Virginia L. Jimenez, who has overstayed her visa in Hong Kong for almost a decade, and her lover, Kwok Hon-yi, who has housed her and their 8-year-old son, were charged respectively with one count each of breach of condition of stay and aiding, abetting, counseling, and procuring. Both were sentenced on Jan. 7 to six months imprisonment, suspended for 18 months.

Jimenez and Kwok, both 39 years old, have known each other since September 1997, according to court records.

A former domestic helper, Jimenez was allowed to stay as a visitor after her contract was prematurely terminated on July 29, 1995. However, she no longer renewed her extension as a visitor after it expired on Jan. 21, 1997.

She met and cohabited with her soon-to-be husband who is a resident and she gave birth to their son on Jan. 24, 1999.

Jimenez surrendered to the authorities last Nov. 27 and asked for permission to remain and to register the birth of their son.

In sentencing, magistrate Timothy Simon Jenkins, who had heard the case since June, said immediate custodial is usually prescribed for long-time overstayers.

However, he said that the court recognized that “there was a genuine relationship between you (Jimenez and Kwok)" and that there had been “cajoling" on the court to help the couple because Jimenez was “not prepared" for the consequences of her actions.

Prosecution did not oppose the lighter sentence imposed on the couple, and even informed the court that Jimenez has submitted all the documents required by the Immigration Department so her application to stay legally in HK could be processed.

The prosecutor said it was likely that Jimenez would be allowed to stay in HK despite violating the conditions of her stay.

Outside the court, the couple walked hand and hand and said that they would first secure Jimenez’s passport from the Philippine Consulate before reporting back to the Marriage Registry to exchange wedding vows. - Smiley D. Julve, GMANews.TV

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