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Theft case vs Filipina DH moved to higher court

Posted on 09 March 2023 No comments

 By The SUN

The alleged theft is said to have taken place on the 38th floor of this residential complex

A Filipina domestic worker accused of stealing an assortment of jewelry from her employer estimated to be worth about $384,000 faces a more serious punishment after her case is elevated to the District Court on March 30.

Ligaya Ao-wat Banisal, 42, was told about the transfer of her case to a higher court when she appeared in Kwun Tong magistracy today, Mar. 9.

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She was not asked to enter a plea and was remanded in custody until her first appearance in the DC.

Banisal is accused of stealing about 40 pieces of jewelry from her former employer, Hui Sau-ling in her flat on the 38th floor of Hemera in Lohas Park, between about November 2021 and October 2022.

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The amended charge sheet does not itemize the items allegedly stolen, but in the earlier hearings of the case, these were described as 18 gold bangles, 2 gold necklaces, 5 gold bracelets, 2 rings, 4 gold rings and 9 necklaces.

Banisal was arrested from the employer’s home on October 16 last year, and charged with one count of theft two days later.

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In earlier hearings, the court was told the prosecution was still awaiting word on whether some of the jewelry that was lost could still be redeemed from pawnshops where the accused had allegedly taken them.

Elevating a case from the magistracy to the District Court indicates the alleged crime committed is more serious, and as a consequence, the penalty to be imposed would likely be more severe.

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If found guilty, a defendant in a criminal case brought before the DC could be sentenced to between two and seven years in jail.

However, the crime of theft itself is punishable by up to ten years’ imprisonment.

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Filipino DH jailed 4 weeks for working in guesthouse

Posted on No comments

 By The SUN

The Filipino DH admitted his guilt and was sentenced at Eastern Court

A Filipino domestic helper was sentenced to four week in jail at Eastern Court on Tuesday, Mar 7, after he pleaded guilty to one count of breaching his condition of stay by working in a guesthouse in Sheung Wan.

Jaime C. Madriaga, 45 years old, was arrested on July 12, 2022, after he was found working in a hostel on the second floor of No 11 Queen’s Road West, Sheung Wan.

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His employer, Canadian national Stanley John Li, 53, is accused of aiding and abetting Madriaga’s violation of his visa conditions by allegedly making him work in the mentioned premises.

As FDH, Madriaga is only allowed to do domestic work as approved by the Director of Immigration.

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Li also faces a charge of illegally operating the unlicensed guesthouse.

The two cases against Li were adjourned to Apr 6 for mention after his lawyer asked for time to consult the Department of Justice.

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Under Hong Kong’s labor laws, anyone who contravenes a condition of stay, such as by working illegally, could be prosecuted and if found guilty, face a maximum fine of $50,000 and up to two years’ imprisonment.

Aiders and abettors are also liable to prosecution.

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People who hire illegal workers face the heaviest penalty of up to $500,000 fine and imprisonment for up to 10 years.

In recent months, the Immigration Department, along with the police, have stepped up their operation against illegal work, raiding dozens of premises across the city in search of violators.

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Migrants call for inclusion and protection on Intl Women’s Day

Posted on 08 March 2023 No comments

By The SUN

 

Migrants doing the OBR dance that calls for an end to violence against women 


Migrant workers have called for better protection for themselves in a statement they issued on Wednesday, which was celebrated all over the world as International Women’s Day.

 

A statement from the International Migrants Alliance – HK and Macau said their members who come from different nationalities, are asking for an end against “modern-day slavery.”

 

This means, migrant women should be given equal treatment as their local counterparts, and should not be accused of job-hopping when they try to find better work conditions under a new employer.


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“The host governments shall make sure that the rights, dignity and welfare of every migrant worker is protected,” the group said.

 

Filipino migrants also called for an end to the Philippine government’s labor export policy, saying the focus should be on providing employment at home so women are not forced to leave their family behind in their quest for a better life.

People turned out in force for the biggest event on Chater Road in 3 years
 

Earlier on Sunday, hundreds of mostly migrant women took to Chater Road in Central for the first big outdoor event there in three years, when pandemic-related social distancing measures prevented people from gathering in public places.

 

The celebration was highlighted by a celebration of the 10th anniversary of the One Billion Rising global campaign to stop violence against women.


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The OBR event started with a discussion of issues concerning women, especially migrants.

 

Annabelle Maregmen, vice chairperson of Gabriela Hong Kong, said migrants should not be happy with news that the Philippine government is looking for more countries to host its workers, as this amounts to the commodification of women.

 

This means women workers are being sent out of the country despite not being paid enough and with not enough protection, as the government’s only desire is for them to make money and help bolster the country’s coffers.


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She said the labor export policy first introduced by deposed president Ferdinand E. Marcos is now being pursued and expanded by his son and namesake, as the country’s new leader.

Tellez was among those who celebrated OBR's 10th year of campaigning for women rights
 

The more fun part came after lunch, when women of various nationalities, including staff and volunteers of the Mission for Migrant Workers, lined Chater Road to take part in the iconic OBR dance.

 

They pranced, jumped and pumped up their fists in time with the OBR song calling for women to rise and fight for their rights and denounce violence.


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The other side of the road was lined with booths where free services to migrant workers such as blood pressure and blood glucose tests, massage, work-related counseling and henna tattooing, were given.

 

These free services were part of the Give Care to Caregivers program of the Mission for Migrant Workers, which used to be held several times a year before the pandemic began.

The Caregiver booths on the other side of the road were always packed
 

Mission’s general manager Cynthia Abdon-Tellez said they were happy with the result of their biggest Care event in three years.

 

Hindi pa nabilang ang mga naserbisyuhan kasi laging puno ang mga service booths,” she said.

(We have yet to count the number of people who availed of the free services because the booths were always full).

 

Tatlong taon din kasing wala tayong ganito kaya masaya ang mga tao.” (It’s because we did not have this for three years so people were happy).

 

The day’s program also included a short performance by Hong Kong-based Filipino musician Alex Bacunawa.


 

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Filipino charged with intimidation and assault blames PCG for his actions

Posted on No comments

 By Daisy CL Mandap

 

Bondoc admitted making a phone call during which he threatened to burn down the Consulate


He was not allowed to change his status on his passport to ‘single’ while still married to his estranged wife, making him distressed, so he decided to call the Philippine Consulate hotline on Jan. 22 last year, and threatened to burn down the consulate offices and harm one of its staff.

This was the explanation given by Ronald B. Bondoc, 42, when he spoke in his own defense during a two-day trial in Eastern Court on Monday and Tuesday. He had dispensed with the services of a duty lawyer, saying he was being forced to plead guilty to three charges laid against him.

Bondoc, a Hong Kong resident who works in a restaurant, also declined to speak with the help of a Tagalog interpreter, saying his words could be twisted.

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He was put on trial after he pleaded not guilty to a charge of criminal intimidation, another for assault, and a third for loitering causing concern, before Deputy Magistrate Leona Chan Pui-man.

Magistrate Chan, who went out of her way to allow the unrepresented defendant to state his case fully and instructed the prosecution to furnish him all the documents he needed, set down the verdict on March 20, after consulting Bondoc. She also extended his $500 bail until then.

The prosecution presented four video clips and one audio recording to prove its case against Bondoc.

The audio recording was of the telephone call he made to the Consulate hotline on January 22, 2022, and was answered by a staff member of the assistance to nationals section, Lhyndzie M. Orozco.

The three videos showed Bondoc visiting the Consulate on January 24, armed with a golf club, while holding his two-month-old baby in the other arm. He was seen trying to enter the assistance to nationals section, then pushing a male staff member who blocked his way.

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This formed the basis of the assault charge against him.

The fourth video showed him entering the lift lobby of the Consulate, then turning in circles while holding a metal bar, before putting this down on the desk of the security officer beside the entrance to the public area.

This was the basis of the “loitering causing concern” charge against him.

To prove the first charge, prosecution called Orozco to the witness stand. 

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Orozco said that as soon as Bondoc identified himself, she recorded their conversation using her personal mobile phone. She said she had heard of Bondoc going to the Consulate twice earlier that year, and creating trouble.

The first was when he hurled a monobloc chair at the glass window of the office of the then social welfare attache, and the second, when he threw coffee cans at the glass entrance to the Consulate.

In the first three to five minutes of the recorded conversation, Bondoc could be heard hurling expletives, threatening to harm another staff called “Arnel,” and burning down the Consulate offices.

“He said it more than two times, in Tagalog,” said Orozco. “He also said, if I burn down the Consulate you will be my witness.” She said she stopped recording the conversation after sometime as “he was just repeating himself.”

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But Orozco said she got so worried that the next day, which was a Sunday, she immediately reported the incident to her superior, Consul Paulo Saret, and turned over the audio recording of Bondoc’s phone call.

Asked by Bondoc during cross examination why no immediate action was taken over his phone call when it supposedly got her scared, Orozco said the Consulate still needed to inform Consul General Raly Tejada and ask his permission to report the matter to the police.

She also said the incident on January 24 prodded Consul Saret to go directly to the police to file a complaint.

On that day, between 10am and 11am, Bondoc showed up at the Consulate, wearing a baseball cap and armed with a golf club, while holding his baby in one arm.

Bondoc admitted bringing a golf club like these ones to the Consulate as protection

Testifying about this incident, Consulate staff Edmound Cortes said that as he was helping manage the crowd in the public area that day, he saw Bondoc and immediately stopped him entering the enclosed area leading to the ATN section.

Cortes said there was a standing order from Consulate officers not to let Bondoc enter that part of the Consulate because of past incidents.

Bondoc then gave his baby to one of about 20 Filipinas waiting in front of the service counters, then went straight to Cortes, who said the defendant then reached his left hand out to his neck and tried to choke him.

“I felt threatened because he was starting to choke me while holding a golf club so I pushed him,” said Cortes.

As his male colleagues disarmed Bondoc, Cortes said he just stood on the side, stunned, and after about several minutes, the police arrived.

During cross examination, Bondoc asked why Cortes did not produce any medical certificate if he was truly assaulted by him.

Bondoc also insisted he went there with no intention to harm anyone, as he had his baby with him, and he was not going to be so irresponsible as to get into a fight.

He also said he had gone there because he received an email on January 23, telling him to go to the Consulate to resolve his problem over his passport. He presented a printed copy of this email to the court as evidence.

During cross-examination by the prosecution, however, Bondoc said he intentionally brought his golf club to the Consulate to protect himself, due to “previous altercations” he had with staff there.

He also claimed he was the victim in the incident as the video showed a male staff kicking him on the back after his encounter with Cortes, and after he was disarmed and subdued by the other men.

In the fourth incident which happened on March 28, 2022, a local security officer at the Consulate called Eric testified seeing Bondoc enter the lift lobby at about 10:40am. He was holding a “stick” which he then slapped onto the guard’s desk.

Eric said the “stick” which was shown in court to be an angled metal bar measuring 60 cm long, was then taken away by one of two male staff members who arrived to help enforce security.

Not long after, police officers arrived, along with ambulancemen, who took Bondoc away.

In his testimony, Bondoc admitted he was the one who called the police and the ambulance staff, saying he was feeling ill at the time as he had just been discharged from 28 days of confinement, first in a police station and afterwards, in the psychiatric wards of three hospitals.

He said all he wanted that day was to get a copy of the Consulate’s CCTV on the incident of January 24. He said police showed it to his live-in partner, who saw him being kicked in the back by one of the male staff during the melee.

On his way to the Consulate, he said he decided to buy a metal bar for a “project”– an enclosure for the tarantulas he was raising at home – and as he did not intend to raise alarm over it, decided to deposit it with the security officer in the lift lobby.

Bondoc called as his sole witness a police officer who was with him during his detention at the Central police station and who conducted a search of his house, saying he wanted to show an “irregularity” in the way these procedures were conducted.

But Magistrate Chan stopped him from asking further questions, saying the incidents happened after the event that gave rise to the loitering charge, and were thus not relevant to the case.

In his final submission, Bondoc said he had marital disputes with his wife, whom he married in the Philippines in 2014, and they tried to resolve these at the Consulate.

After his wife went to live separately from him, Bondoc said he withdrew support for her as his dependant and she eventually returned to the Philippines on Aug 1, 2021.

On Nov 8 of the same year, he went to the Consulate to apply for a new passport and listed “single” as his civil status in the application form. He said he did this on the advice of ATN staff  "Arnel," who also allegedly convinced his wife to leave their conjugal dwelling. 

After being told that the record on his civil status could not be changed, Bondoc said he got very stressed, even depressed, and that prompted him to make the threatening phone call on January 22 for which he said he was sorry.

But during cross examination by the prosecution, Bondoc became visibly agitated again, and named three officers and a staff of the Consulate as the ones responsible for his actions and predicament.`    `

He also claimed that as a result of a false report by this writer which came out on social media on Jan. 30, 2022, he was fired from his job as architectural designer the very next day. He also accused reporters who wrote about the case as being on the payroll of the Judiciary.

In truth, the report on the incidents published by The SUN and another Filipino community publication on Jan 30, 2022 did not mention Bondoc by name as the police and the Consulate declined to supply it then. It was only after he appeared in court that his name was mentioned.

(As a postscript, Bondoc hurled threats and invectives at this writer both inside and outside court during the two-day trial, as witnessed by several people. He also issued a threat during a phone call he made immediately after the hearing finished, warning of taking action (“May kalalagyan ka”) if our story on the court proceedings was not to his liking. The threat has been reported to the police while the incidents inside the court building have been reported to the Judiciary). 

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Konsulado naglilista ulit ng mga botante para sa Halalan ‘25

Posted on 07 March 2023 No comments

 

Isa sa mga botante noong nakaraang halalan sa HK.

Nagsimulang muli ang kampanya ng Konsulado upang hikayatin ang mga Pilipino sa Hong Kong na magrehistro upang makasali bilang overseas voter sa susunod na halalan, na gaganapin sa May 2025.

“Panahon na naman po ng pagrerehistro ang ating pinagkakaabalahan ngayon,” ayon kay Consul General Raly Tejada.

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“Paglaanan po natin ng konting panahon. What’s a Sunday para magparehistro para hindi na maulit yung nangyari last time, wherein I think two three months before saka tayo nagkumahog para mag rehistro,” dagdag niya sa isang pagpupulong kamakalian.

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“Andyan po yung ating registration facilities. It’s up and running. Let’s just let the whole community know na open na ulit ang ating registration sa halalan sa 2025,” ika niya.

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Ang mga opisyal na nakatakdang ihalal ng mga overseas voter sa tinaguriang mid-term election ay ang 12 senador na nahalal noong 2019 – kalahati ng Senado na binubuo ng 24 na senador -- at mga partylist representative sa Congress.

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Sa botohan sa Pilipinas, ang mga ihahalal maliban sa kanila ay ang mga congressman at lahat ng mga opisyal ng lalawigan, syudad at mga bayan

Upang maging mas madali ang pagpapalista sa Konsulado, mayroon nang iRehistro – isang platform sa internet kung saan pwede nang mag fill-up ng application form online.

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Ang mga gagamit nito ay automatikong bibigyan ng QR Code sa application form, na pwede nilang i-print o i-download ang image.

Ipinaalala ng Commission on Elections na kailangan pa ring dalhin ang form sa Konsulado upang ma-scan nila ang QR Code, para makumpleto ang rehistro.

 

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84-year-old driver of runaway taxi to appear in court

Posted on 06 March 2023 No comments

 

The taxi came to a stop only after hitting a traffic light on King's Road (RTHK photo)

The 84-year-old driver of a taxi that mowed down three pedestrians in North Point at about 1pm on Sunday, is due to appear in Eastern Court tomorrow, charged with dangerous driving causing serious bodily harm.

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This was according to a police spokesperson who also said they had no updates on the condition of those injured in the accident.

One of them was described in earlier reports as Filipino. (Ed: not two as earlier reported)

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This was a 48-year-old woman who suffered arm injury when the runaway taxi skidded down Fortress Hill Road and came to a stop only after crashing into a traffic light on King’s Road.

A male passenger in the vehicle who was also reported as a Filipino earlier, was found to be a foreigner from the mainland.

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The Filipina was listed in serious condition while the two other injured pedestrians, a 48-year-old Indian woman surnamed Singh and a 59-year-old local woman surnamed Chu, were reported to be in critical condition.

The four were taken to Pamela Youde Nethersole Eastern Hospital while the driver, who reported suffering chest pains, was brought to Ruttonjee Hospital.

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He initially told investigators the taxi’s brake failed, but police inspectors reportedly found no malfunction on the vehicle.

A tow truck was dispatched to remove the taxi from the road while traffic was halted on either side while a cleanup was carried out.

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The accident re-ignited debates about setting an age cap on drivers of public utility vehicles. A number of drivers aged over 60 have figured in a number of collisions lately.

However, Ben Chan who heads the Legislative Council’s transport panel balked at the idea, saying this could further reduce the number of people willing to work as drivers of public vehicles.

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Instead, Chan suggested requiring drivers aged 65 and above to submit to more frequent health checks.

 

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