Yolanda Survivor Jailed for Illegal Loan
A Filipino domestic worker who came to Hong Kong to help her family in Tacloban City rebuild their lives after Super Typhoon Yolanda struck was jailed for illegally taking out a loan.
Eastern Magistrates Courts Deputy Magistrate Peter Hui on February 19 sentenced Elwina M.M. to four months in prison after she pleaded guilty for getting a $24,000 loan last year although she had already terminated her contract with her employer.
Less than an hour before the judge’s ruling, Elwina’s South Asian boyfriend, who intended to marry her, paid the entire loan in an attempt to keep her out of prison although he earns only $14,000 a month as a driver.
The judge was not convinced and did not give her a suspended sentence.
“The amount involved is no small amount of money. If there were no restitution, I would have adopted a starting point of 12 months (imprisonment),” Judge Hui said.
But since Elwina’s boyfriend had paid the entire loan, the judge set the starting point at six months and then gave her a 30 percent discount for her guilty plea.
“Therefore, you are sentenced to four months in prison,” the magistrate said.
Elwina arrived here in Hong Kong in March 2014 as a domestic worker to help her family in her native Tacloban recover a year after the super typhoon struck.
After talking with her cousin, who also worked here, Elwina decided to take out a loan to send to her family.
“Her family was still in need of money. The cousin suggested that she borrow the money,” said barrister Mandy Panesar, Elwina’s lawyer.
“She was told verbally over the phone that the loan was approved,” the lawyer added. But because her employer allegedly took her passport, Elwina was not able to get the loan.
Her relationship with her employer deteriorated until March 24 last year, when she gave a one-month notice terminating her employment contract.
A day after she left her employer’s home for good, Elwina went to the financing company with her passport and took the loan. “She showed her employment contract as if she was still gainfully employed. It was calculated, wasn’t it?” Judge Hui said. Panesar disagreed that that the crime was “calculated,” noting that Elwina stayed in Hong Kong and tried to find a job.
When she could not find job, she filed a torture claim and sought asylum. It was when she went to the Immigration Department to file her torture claim that she was arrested because her loan was already due.
“She could have gone to the Philippines as soon as possible after taking the loan if she were dishonest, but she stayed. She did not realize it was going to be difficult to find a job,” Panesar said.
The judge was not convinced, noting that Elwina did not voluntarily surrender and was arrested only when she went to Immigration.
“Had you been honest with the finance company, surely (the loan application) would not have been approved,” Judge Hui said. He also noted that the loan was not intended entirely for Emily’s family since more than half of it was taken by her cousin.
“It’s clear that the sum was not necessarily because of their dire situation in the Philippines. I was told you remitted only $10,000 to the Philippines,” the judge said.
“The other half you gave to your cousin, who fled Hong Kong. From that, I suggest you (two) conspired to obtain the loan, if that story is true. It was premeditated and calculated,” he added.
Panesar admitted that Elwina’s cousin convinced the defendant to give her $14,000 before she left Hong Kong.
“This defendant was stupid enough to give the money to the cousin before she went to Japan,” Panesar said.
Elwina intends to appeal her sentence.