A MAN paid almost $100,000 restitution in the hope of keeping his de facto wife and her unborn baby out of jail yesterday - and then spent hours in hospital anxiously awaiting the birth. Rose Kwok Wan-ying, 25, was rushed to hospital in labour after her waters broke while she was in the dock being sentenced for embezzling more than $108,000 - money she had stolen to keep her lover, To Kam-chuen, and his business afloat. She was still in labour early today. Judge Caird said that although it showed the depth of feeling the two had for each other, the restitution money could not buy the mother-to-be her way out of trouble. But he said she had already heard ''the clang of prison doors'' while on remand and believed she had learned her lesson. He sentenced her to 15 months' jail, suspended for 18 months. It was then that Kwok told the judge her waters had broken, and asked for a certificate to allow her to leave immediately. From there it was a quick trip back to a holding cell with a female correctional services officer to hurry through the paperwork, and then relatives took the woman to Eastern Hospital. Kwok was last night still in the hospital's delivery theatre and had been given a pain-killing injection. Nurses said she remained stable. Her lorry driver boyfriend, Mr To, 34, and friends visited her in the afternoon but went to work in the late evening after being with her for three hours. Mr To is working part-time as taxi driver at night to earn more money - first to repay the debt and second to take care of the baby. He earns about $12,000 a month. The baby, had it arrived on time four days ago, would have been born behind bars, where Kwok was held for two weeks on remand while a probation report was prepared. Before yesterday's hearing in the District Court, Kwok, already apparently in pain, insisted on the sentencing hearing going ahead, although she asked if it might be done quickly. The former accountant was being sentenced for 15 counts of theft between April 22 and November 19 last year, totalling $108,172. She had pleaded guilty to stealing the money from her former employer, Widetone Industries Ltd. Defence solicitor Paul Cheng said Kwok only succumbed to the temptation of theft to keep afloat Mr To's transport business. Mr To had separated from his second wife before his romance with Kwok. Kwok repaid $10,000 in February, but Mr To handed over the other $98,172 to the company yesterday. But in sentencing, Judge Caird said: ''This does not represent any substantial mitigation. What it does show is the depth of feeling they had for each other. ''The original offences were committed in order to keep her co-habitee in business. The restitution paid by the co-habitee was an attempt to keep the defendant out of custody.'' But he suspended her sentence, noting that it was a first offence.