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| FDHs are warned that it is illegal to use fake documents, lie to Immigration, and do non-domestic work |
Sometime in February 2015, Filipina domestic worker Rose
Alarcio went to JS Employment Agency in Yuen Long looking for an employer.
A friend had referred her to a certain “Susan”, described in
court later as a director of the agency.
Susan offered to arrange a false domestic helper contract
for Alarcio in exchange for a $30,000 fee. Susan told the Filipina she was not
required to work for her contractual employer once her visa application was
approved.
Alarcio accepted the offer and after a few days, she
returned to the agency where she paid $15,000 to Susan. She signed on a blank
visa application form and on a contract given by Susan. She also gave her
passport and some photos to Susan for processing.
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Later that month, Alarcio, 48, was told by Susan that her visa
was ready for collection. The maid returned to the agency and paid another
$15,000 to Susan, who coached her to tell, if anyone asked, that she was
working for her contractual employer.
Accompanied by an agency staff, the helper went to the
Immigration Department and collected her approved domestic helper visa. But she
never worked for her contractual employer, Cheung Tsz-kin, at 31A Tong To Shan,
Sha Tau Kok, New Territories
On Aug 19, 2015, Alarcio presented her passport for arrival
clearance bearing the employment visa as domestic helper for Cheung. She was
allowed to remain in Hong Kong by virtue of
that visa until Feb 26, 2017.
Two years earlier, or in July 2013, Indonesian helper
Rohaela, 43, was introduced by her relative to Susan because she got fired and
was looking for an employer. Her visa application was filed on Jul 25, 2013.
Rohaela obtained her domestic helper visa through Susan’s
false employment contract scheme on Aug 21, 2013, with Tang Wah-fai of 2/F, 91
Oak St, Tai Kok Tsui, Kowloon signing as her contractual employer.
On Aug 25, 2013, the maid arrived in Hong
Kong to work for Tang and was allowed to remain until Aug 25,
2015. She entered the city one more time
on Jan 25, 2014 and was permitted to remain here to work for Tang until Aug 25,
2015.
Another Indonesian maid, Dwijayanti Ayun, 31, got her
domestic helper visa through the same scheme offered by Susan at a cost of
$40,000.
Her visa application to work for Sin Chi-fai at 24, G/F, Ha
Kwai Chung Village, Kwai Chung, was received by the Immigration Department in
January 2016 and was approved on Feb 25, 2016.
She presented her passport with the visa for clearance after
arriving from Macau on Feb 29, 2016 and was
allowed to remain until Feb 28, 2018.
In March 2018, Immigration investigators launched “Operation
Shadowcatcher” after suspecting that a number of Filipino and Indonesian
domestic helpers had obtained work visas by submitting false employment contracts
supported by forged bank statements, telecommunications service bills and water
bills.
Ayun was among the first to be arrested in connection with
the fake employment contract scam. She was invited by Immigration officers on
Mar 28, 2018 after she was suspected of using a false employment contract to
obtain a visa.
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| Tunghayan ang isa na namang kwentong Dream Love. |
Her contractual employer, Sin, denied he lived in the
address in Kwai Chung Village
While the case was under investigation, Ayun married her
boyfriend, a Hong Kong permanent resident, and
obtained a dependant visa.
Roahela was arrested on Apr 8, when Immigration agents found
her dwelling place. She was investigated at the Immigration Department where
she revealed the bogus employment contract scheme by Susan.
The officers also investigated Tang, who denied he ever
lived in the Tai Kok Tsui address, or employed any domestic helper. He also said
he never signed an employment contract or visa form for a helper and had no
knowledge of the supporting documents.
Alarcio was arrested at her address on Apr 24, 2018 and
investigated further at Immigration, where she told the same story about Susan.
Acting on the information they provided the investigators,
the authorities pounced on the suspected mastermind of the bogus jobs scam, who
was only listed on the court list as S.W.C. during the District Court trial of
the case in May.
Ayun, Rohaela and Alarcio gave evidence as prosecution
witnesses during the trial.
In separate hearings of their conspiracy to defraud cases in
Shatin Court
On May 29, Susan or S.W.C., was convicted of three counts of
conspiracy to defraud and five counts of using false instruments, and was sentenced
to 43 months’ imprisonment.
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| More than 30 people have been arrested over the visa scam |
Another 17 Indonesian and Filipino domestic helpers
involved in the case had been convicted in Shatin Court earlier for offences of
conspiracy to defraud, making false representation to an immigration officer
and breach of condition of stay.
They were sentenced to up to eight months in jail, according
to an Immigration press release.
More than 30 people have reportedly been arrested in the
jobs scam, and the investigation is continuing.
Immigration warns that making, possessing or using false
instruments is an offence, for which those found liable could be jailed for up
to 14 years. The same penalty applies to those involved in a conspiracy to
defraud.
Likewise, a foreign domestic helper who does illegal work
could be prosecuted, and upon conviction, sentenced to a maximum fine of
$50,000 and two years’ imprisonment. Aiders and abettors could likewise be held
liable.
The offence of making false representation to an immigration
officer is more serious, as the maximum penalty is 14 years in jail and a fine
of $150,000.
