The elderly former employer of a Filipina helper who complained
of abuse at the hands of the employer’s partner has been fined $33,000 and
ordered to do 160 hours of community service for failing to pay wages on time
and letting the maid do illegal work.
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| Lanie Grace with Au, who was allowed to go scot-free |
Shatin Magistrate Wong Tsz-ho
imposed the sentences on 64-year-old Leung Shet-ying on Nov 4, three weeks
after she pleaded guilty to the charges relating to her employment of Lanie
Grace Rosareal.
Wong imposed a fine of $3,000 for
each of the 10 counts of failing to pay wages on time, and one count of failing
to pay wages within due date on termination of contract.
The community service was imposed on Leung for each of the
four counts of aiding, abetting,
counseling or procuring the breach of condition of stay but to be served
concurrently.
The particulars
of each offense were, however, not read out in court.
Leung’s
partner, Au Wai-chun, 66, was originally charged of the same offences but the
prosecution offered no evidence against her so she was cleared of all criminal
liabilities.
Rosareal, 28, who fled Leung’s flat in November 2017,
claiming to have been subjected to a year of physical abuse by Au, expressed
disappointment at the outcome of the case.
“Masama ang loob ko kasi si Leung ay pinagmulta lang at
hindi kinulong samantalang ang laki ng ginawang kasalanan sa akin. Pero mas
grabe pa rin yung hindi man lang kinasuhan si Au. Kung sino pa ang yung
nakagawa ng matinding kasalanan ay yun pa ang napawalang sala,” said Rosareal.
She was informed by the Tseung Kwan O Police earlier that
they decided not to file charges against both Leung and Au at the advice of the
Justice Department.
Human rights lawyer Patricia Measor-Ho, who has offered pro
bono legal aid to Rosareal, is outraged by the police inaction, and has
expressed plan to seek judicial review of the decision not to prosecute the
two.
Separately, Rosareal will be helped in pursuing her labour
claim of more than $200,000 for unpaid wages and other benefits from Leung, and
a possible civil claim for damages against both Leung and Au.
The helper had accused the two of physically and mentally
abusing her since May 2016 but police informed her in September this year that
they would not be prosecuting, citing insufficient evidence.
Rosareal worked for Leung and Au from Jan 24, 2014 until Nov
9, 2017, when she and another co-helper, Rowela Subiono Suete, 36, were rescued
from the employers’ flat in Tseung Kwan O after they asked for help on social
media.
Rosareal had backed up her claims with pictures of wounds
allegedly inflicted by Au which were still evident when she fled her employers.
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| Lanie Grace with her bruised forehead after her alleged ordeal |
She also had a “penalty notebook” in which Au made the helper list down all sorts of imaginary infractions, for which a corresponding penalty was imposed. These penalties were used by Leung and Au in justifying the non-payment of wages to Rosareal for six months.
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| The penalty notebook where Au scrawled the cost of each of Lanie's imaginary mistakes |
Suete, who accompanied Rosareal to the police to file a complaint, returned to
the Philippines
Suete had offered to testify for Rosareal, but was not asked
to give a statement.
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