FDH Jailed for Four Weeks for Assaulting Boy
BESIDES losing her chance to work again in Hong Kong, a Filipino domestic worker was sentenced to four weeks in prison for assaulting her seven-year-old ward in Sham Shui Po.
Kowloon City Magistrate Eric Cheung sentenced Rosemarie Joan C. Asas, 32, to jail after she pleaded guilty to beating the boy “five to six times” with a wooden back scratcher.
“The courts have a duty to protect the vulnerable and pass a deterrent sentence,” Cheung said on February 2.
He said Asas could not justify beating the boy just because he was throwing a tantrum and did not listen when she tried to stop him from fighting with his elder brother.
Prosecutors said the incident happened at the flat of the victim’s family in Sham Shui Po on October 5.
Because his elder brother would not play with him, the victim threw a tantrum and would not take a bath.
“He was yelling and rolling on the floor,” the defendant’s lawyer said.
Asas, who allegedly had a headache that time, got angry. Using a wooden back scratcher, she hit the victim on his face, cheek, neck, and arms.
The victim’s parents later saw the red marks on their son and brought him to the Cheung Sha Wan hospital, where he was admitted to the pediatric ward. Asas immediately admitted to the offense and said she was sorry.
Her lawyer said the Filipina was the sole breadwinner of her family, supporting her two elderly parents and six siblings, including a brother who has a physical disability.Asas also has a 13-year-old daughter.
“She’s very remorseful and has suffered a great deal. It is highly unlikely that she would again find employment in Hong Kong,” the defendant’s lawyer told the court.
She added that the boy, when interviewed by the police, also admitted that he was being naughty on the day of the incident and that the red marks on his skin had disappeared.
Judge Cheung asked for an impact assessment report and the police interviewed the boy in the presence of his father, who insisted that his son was already fine and a thorough check by specialists was unnecessary.
“The parents don’t want (the boy) to relive (the experience),” the prosecutor said.
Asas’ lawyer said the victim was also already living “happily and healthily” and that the beating did not cause any permanent signs of trauma.
“The boy had admitted that he was being naughty and that this was an isolated incident,” the lawyer said.
She also said that Asas had already been in jail for three weeks before the February 2 sentencing hearing.
“Three weeks is already enough in establishing deterrence. To keep her further would have taxpayers support her. Three weeks is already quite a deterrent,” the lawyer said.
“And because of her conviction, it is very unlikely that she would be able to work again in Hong Kong,” she added.