Courts | Man sentenced for supporting ‘overstaying’ wife to give birth in Macau

The Court of Second Instance (TSI)) on Friday confirmed the sentence of a non-resident man who provided support for his overstaying wife so that she could give birth in Macau.
The court ruled to sentence the man for his support and hosting of an illegal person in Macau, confirming the decision by the Court of First Instance (TJB), against which the man had appealed.
The TSI ruled that the defendant had committed the offense of which he was accused, and had done it consciously and with a specific purpose of trying to give his son the opportunity of permanent residency in the territory.
The TSI states clearly that “even if the defendant claims to be unaware of the law” the fact is that there can be no justification or mitigation for his conduct, adding that “he [the accused] knew, at least, that his wife could not enter the territory upon her own choosing and that she could only stay in Macau during the granted period.” The ruling concludes by saying that “the possibility of staying in the territory should not be confused with the possibility of giving birth and obtaining the right to residency,” refusing the applicant’s argument that he should be “excluded from guilt.”
Regarding the “claim of conflict between the duty of caring for his wife and the duty of not providing lodging and support for people in illegal situations,” the court also ruled that “although these two duties might be in conflict, in this case, it is clear that this has happened because of the defendant’s own conduct and personal interest, and it is not related to chance or misfortune.” The court affirmed the decision of the TJB and did not grant the man an exemption from his unlawful actions.
The TJB had convicted the man to four months of imprisonment, suspended on probation for the period of one year. RM