Overstayer's case exposes loophole in law on visas

The prosecution of long-term overstayers was thrown into confusion yesterday when a Filipina was acquitted because of a legal loophole.

The ruling could lead to prosecutions against overstayers being dropped and may mean some overstayers have been wrongly jailed, which could spark compensation claims against the Government.

Gloria Cruz came to Hong Kong on February 1, 1985, when she was just 14, and stayed on after her visa expired a week later. She was only charged with a breach of stay on June 8 this year.

Her lawyer, Stephen Hung, argued that section 41 of the Immigration Ordinance was 'not a continuing offence', which meant the Government could not prosecute overstayers whose visas had expired more than three years previously.

Western Magistrate John Saunders said he was persuaded by Mr Hung's argument.

Mr Hung assured the magistrate that the overstayers would still be subject to deportation.

But Senior Immigration Officer Lo Kam-ming, for the Government, argued that the three-year time limit should begin only after overstayers were arrested. Mr Saunders said he was surprised the law had not been changed to close the loophole, as a 1975 case had raised questions about continuing offence.