Posted by
August18
10 yrs ago
Let this be a WARNING to any guys/girls out there chatting anonymously to other people online
My husband is currently serving an 8month prison sentence in Stanley prison for engaging in ONLINE sexual activity with a minor -
He met a local hk girl online , got chatting to her , she told him she was 19 & had moved back to HK from Canada -
They sent each other explicit messages & videos on a daily basis over a period of 3 months
He has NEVER met this girl
Turns out she was 14 years old !!!
He is now facing probable deportation as a result of his actions so I am desperately
seeking any advice from anyone ...
Does anybody know anyone that can help us to contest his possible deportation ?
We are both British citizens & we have lived in Hk for over 12 years ,
We don't have children but we own property here & we don't want to leave Hong Kong
Id really appreciate any advice or help with the matter
Many thanks in advance
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I can indeed substantiate it,
should the right advice be posted on here!
Do you really think I've nothing better to do with my time?!"
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i think it is a troll,
you cant be deported once you gain permanent residency after living here for "over 12 years"
there are so many loopholes in the story.
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ЭКРАНОПЛА́Н , SCORPIO01 , I've posted this in the hope of getting some constructive advice
My husband & I moved here in 2000 stayed here for 6 years , moved back to the uk for a while & have now been back in Hk for nearly 7 years
So we are not permanent residents yet ...
Any other ' loop holes ' you want to know about ?
I am desperately hoping someone can advise me or help me in any way ....
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give more details of exactly what happened, and someone may give some advise,
also you stayed in HK from 2000 - 2006 and you left for UK, and when exactly did you return again ?
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We returned in 2009 ...
What details do you want ?
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what was the judgement that judge gave to jail him ?
if there was no sexual contact, and the girl said she was not a minor, under which law was he jailed ?
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possession of child pornography
( pictures on his phone of her )
Also for committing an act of gross indecency with under 16 year old
( videos he had sent of himself to her )
Any advice or help would be much appreciated
Many thanks
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but why was he convinced if the girl said she was 19 ?
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I am not a legal expert but the offences you quote are quite probable from the brief description; and no, I am not seeking more details. I will take your post at face value.
The gap in between both your stays in Hong Kong may mean that you are not eligible for Permanent Residency at the moment. It would probably be a good idea for you to apply as soon as you are eligible, no matter where your husband is. Once you have PR status you can then take him on as 'Dependent'.
I am not really sure on the ins and outs of deportation but I am fairly sure that it would be difficult for your husband to be deported if that were to result in separation of the wife and husband.
People do make mistakes, it's up to you two how you deal with it afterwards. Perhaps seek some professional legal advice on your PR status as outlined above and ensure that you can stay.
All the best.
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Thank you MRCYNIC -
This is exactly the case , I have no reason to lie on here
My PR is being processed at the moment ...so fingers crossed I'll get it -
I put this notice up in the hope somebody somewhere would know a lawyer who they can recommend who has dealt with this kinda thing or something similar ?
Thanks
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if you returned even in January 2009 then you should be eligible for PR in January 2016
you are still one full year away from being eligible, and a good 4 months away after he finish his 8 months...
did i miss something ?
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I don't get why you are asking for advice.
Surely if your husband is in Stanley prison, this means he went to court, and he would have had a criminal lawyer representing him.
In any case, wouldn't the smart thing be to seek legal advice ?
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Er No sh*t Sherlock !
I wrote this in the hope of getting any recommendations for any lawyers in Hk whom deal with these types of cases ....
& also as a warning to let other people know what has happened to my husband
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No need to be rude.
Your solicitor will have access to barristers who specialize in criminal law.
I suggest that you be Sherlock and find a better solicitor or go the the Law Society Website to see each law firm's specialty.
I don't think you will get much response from asiaxpat readers. If you do, then it means quite a lot of people got caught in such an act.
Your best bet is to get those wonderful referral letters from friends as to his good character.
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August18,
I think it's necessary to take things step by step. Obviously you have dealt with the legal case with lawyers; they would not be experienced enough in the Immigration field to answer your queries as they would have been criminal lawyers not immigration specialists. It's therefore in your best interests to find and Immigration specialist who can help YOU sort the PR status first. The next battle would be dependent status for your husband.
I don't know details of your husband's case but do know courts and law enforcement are really trying to crack down on anything sexual involving minors. That said, I personally would think the conviction would have to be based on the adult making first contact with the child and being reckless or not caring to find out the exact age. It would be strange to get a conviction for the child making first contact and claiming to be over 16 or 18 etc, as that is entrapment. In such a case, if the defendant can show there was no reason to disbelieve her, a conviction is more difficult.
Some AX readers will be able to respond on the Immigration issues, and some on the criminal issues. I don't really think this then actually proves that they have done the same thing; that's quite a harsh claim from Sunshine929.
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Thanks MrCynic & I'm sorry for being rude sunshine929 I'm just a little frustrated right now as I've no idea who / where to turn to ...
I'm waiting to hear back from immigration department re my PR
MRCYNIC do you think it's best for me to prepare for the worse case scenario ( that's if he is deported)
By getting a criminal or immigration lawyer involved to contest the deportation ?
What do you think is best ?
He is due to be released on feb 26th 2015 ...so I feel like I need to do something
This girl made the first move by sending the first explicit video ... My husband never requested anything from her
He just reciprocated ...
He's never met her .....or even spoken to her
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Dont know if it was mentioned already, but is your husband so dim that he cant tell the difference between a 19 year old young woman and a 14 year old girl if there were exchanging photos/videos? What an idiot.
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If you can afford I would suggest go to an Immigration specialist as they will give you the best advice.
I understand it is possible he may never have met or spoken to her in person, but they must have met somehow. The Police here are not renowned for pursuing cases unless they are fairly confident of a win, therefore a case where the underage girl made the first move is rather unlikely, although I suppose not impossible depending on other facts.
I think you need to talk to an Immigration lawyer about yourself and then work out what to do for your husband when he is released.
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Thanks MRCYNIC - I appreciate your advice
Does anyone know any immigration. Lawyers ?
She did send the first explicit video
Her mother caught her in the act & took it the evidence to the police
The police then took over by sending numerous messages a day -, it had gone from occasionally messaging each other ( my husband & this girl ) to him getting dozens & dozens & dozens of messages a day from her
He knew something was up ...but foolishly carried on
He said all of a sudden her messages where constant & she was very persistent -
I have seen all the transcripts , & this was the case
( obviously this was when the police had taken over & where pretending to be the girl )
He made the fatal mistake of agreeing to meet her .... That's when he was arrested
Yes MJRElJE I don't need it being pointed out to me that my husband has been an idiot
But he's now paying the ultimate price
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Now it makes more sense on the arrest etc. A little disappointed that the lawyers could not make more of the fact that he was being played by the police who wanted to trap him. Everybody is capable of idiotic mistakes.
Sorry I don't know any Immigration lawyers but I wish you good luck, wish I could have been more help.
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I don't think trying to meet a 14 year old is "an idiotic mistake", its predatory paedophilia and in no way could he have thought she was 19 if he had seen photos and intimate videos.
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I stand corrected. But I am not sure I can judge how old the girl looked without seeing the photos, and most certainly DO NOT want to do so. The idiotic mistake was believing so easily.
You are quite at liberty to judge the actions of the individual but you seem like you want to blame the wife as well, a little unfair; especially given so few facts.
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I can say that back in the UK it is quite easy to mistaken a 14 year old girl for a 19 year old. I've met several girls before in bars and clubs (who I assumed would be over 18) and later found out they were a lot younger. Fortunately, my chatting up skills are average at the best of times and I'm no Brad Pitt so I have never had to deal with this sort of problem.
However, in the years that I have been in HK, I don't think I have ever seen a 14 year old local girl who did not look really really young. I'm often suspicious whether girls in their 20s are over 18.
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MRCYNIC -- no not at all, I was not having a go at the wife, just doubting her headline that it was is "ego that landed husband in prison".
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Look for a law firm that has immigration lawyers and criminal lawyers is your best bet
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