56 people arrested in new anti-illegal worker operations

 

Among those arrested were 17 women suspected of doing illegal work

The Immigration Department has further strengthened its campaign against illegal work by arresting a total of 56 people in four days of raids across Hong Kong island, the biggest number in months.

According to a statement issued by the government yesterday, Mar 17, the operations were carried out over four consecutive days, from Mar 13 to Mar 16, in collaboration with the Hong Kong Police Forced and the Labour Department.

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The arrested persons comprised 36 suspected illegal workers, 10 suspected employers, four suspected aiders and abettors, five overstayers and one illegal immigrant.

Arrested on suspicion of doing illegal work were 14 men and 17 women, aged 26 to 60. Among them, eight men and five women were holders of recognizance forms, which attest to their application against being sent home, but also prohibit them from taking any employment. 

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One of the men was also suspected of using and being in possession of a forged Hong Kong identity card.

Seven men and two women, aged 30 to 88, were suspected of employing the illegal workers and were arrested.

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One man and three women, aged 37 to 68, were suspected of aiding and abetting persons who breached their condition of stay in Hong Kong and were also arrested.

Five female overstayers, aged 29 to 46, were also arrested, along with a female illegal immigrant aged 57.

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They were arrested during raids at 169 locations in Central, Wanchai, Eastern and Western districts, which included commercial buildings, massage parlors, restaurants and retail stores.

Separately, Immigration officers raided a flat under renovation and arrested one suspected illegal worker, a man aged 36. Another man, aged 40, was suspected of employing the illegal worker and was also arrested.

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In another operation, four visitors from the Mainland comprising one man and three women, aged 37 and 53, were arrested on suspicion of carrying out parallel goods trading at three areas in Sheung Shui. They were caught trading in cosmetic and health products, as well as medicines.

The Immigration Department warned that visitors who take up illegal work, whether paid or unpaid, could be prosecuted and upon conviction, face a maximum fine of $50,000 and up to two years’ imprisonment. Those who aid or abet their illegal work are equally liable.

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Overstayers face up to three years in jail and a maximum fine of $50,000 while those found in possession of forged Hong Kong identity cards can be fined up to $100,000 and jailed for up to 10 years.

Employers of those found doing illegal work face the most severe penalty of a maximum fine of $500,000 and 10 years' imprisonment.

Employers are duty-bound not only to inspect a worker’s HK identity card prior to employment, but to also make enquiries to ensure that there is no reasonable doubt as to the person’s lawful employability.

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Gawing makabuluhan ang pag-akyat ng bundok

 

Mga kasali sa nagdaang planting day

Mahilig ka bang umakyat ng bundok sa iyong day off at gusto mong maging makabuluhan ito?

Sumali sa proyektong Country Parks Hiking and Planting Day 2023 ng Agriculture, Fisheries and Conservation Department (AFCD) na pinaghahalo ang saya ng pamumundok at pagtatanim ng puno.

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Gagawin ang mga ito nang sabay, kaya mas maigi na dalhin ang mga kaibigan at kabarkada.

Ayon sa AFCD, ginawa nila ang proyektong ito upang ipakalat sa publiko ang mensahe na dapat alagaan ang kalikasan at itaguyod ang tamang paggamit nito.

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Itinakda sa tatlong araw ng Marso at Abril ang Country Parks Hiking and Planting Day 2023, na bukas sa lahat:

Sa March 26: Lantau Trail Section 3, Lautau South Country Park.

Sa April 16: Pat Sin Leng Nature Trail, Pat Sin Leng Country Park.

Sa April 23: Pak Tam Chung Family Walk, Sai Kung West Country Park.

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Kailangan lang na sumipot sa mga lugar na ito sa takdang araw at magpatala kapag naroon na upang mabigyan ng seedlings at mga gamit sa pagtatanim.

Malayang pumili ang mga kalahok kung saan nila gustong magtanim sa mga parkeng ito.

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Mula sa palistahan, aabutin ng 25 hanggang 40 minuto ang pag-akyat upang marating ang lugar na pagtatamnan ng mga puno.

Pagkatapos magtanim, malaya ang mga kasali na ituloy ang kanilang pag-akyat sa bundok gamit ang rutang nasimulan, o bumaba na ulit sa kabayanan.

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Ang payo lang ng AFCD sa mga sasali sa pagpili ng pagtataniman, dapat isaalang-alang ang kanilang kakayahan sa pag-akyat sa mga bundok. Magdala rin ng sariling tubig at pagkain, at huwag mag-iwan ng kalat sa bundok.

Ang iba pang detalye tungkol sa proyekto ay makikita sa website ng Nature in Touch website (www.natureintouch.gov.hk/) at Facebook page ng Hong Kong Country Parks  (www.facebook.com/hongkongcountryparks/).

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Pwede ring tumawag sa 1823 o mag-email sa nature@afcd.gov.hk.

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‘Hindi totoo ang job-hopping’

 Ni Cynthia Tellez, general manager ng Mission for Migrant Workers

(Ang sumusunod ay tugon ni Cynthia Tellez, general manager ng Mission for Migrant Workers, sa balita na balak ipasok ng Labour Department ang babala tungkol sa ‘job hopping’ sa Code of Practice for Employment Agencies. Magkakaroon ng walong linggong konsultasyon sa iba-ibang grupo tungkol sa panukalang ito simula sa Martes, March 21).

Hindi ko maintindihan kung paanong napapatunayan na sa paglilipat lang ng employer ay napagsususpetchahan nang nagja-“job-hopping” or “employer-shopping” ang migrant domestic workers (MDWs).

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Ang paliwanag ay may nang-eenganyo raw at may nagbabayad pa raw sa mga MDWs ng isa hanggang dalawang libong HKD para lumipat lang ng employer. Ano ang isa hanggang dalawang libong HKD kumpara sa HK$4730 hanggang HK$7095na mawawala sa kanila sakali mang sa pinakamabilis na paraan makakakita ng employer ang isang MDW sapagkat inaabot nang 4-6weeks ang pagpoproseso ng pag-aapruba ng kontrata ayon sa tantiya ng Immigration Department?

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Sa Mission For Migrant Workers, sa loob ng isang taon last year, ang pinakamalaking bilang ng lumapit sa Mission ay yung nais magpa-compute ng kanyang makukuha sa employer dahil nawalan o mawawalan ang mga ito ng trabaho: either aalis na ng HK ang employer, hindi na kailangan ang kanyang serbisyo dahil malalaki na ang mga bata o namatay na ang inaalagaan nito, o bumagsak ang kabuhayan ng employer at napilitan itong i-terminate ang kanilang kontrata. Ang batayan ng Mission dito ay ang laki ng halaga ng entitlements na nakuha ng mga MDWs sa employer.

UNA, maraming employer ang nangunang mag-terminate ng kontrata sa kanilang MDW; kung hindi lumabas na ng Hong Kong for good, nawalan naman ng trabaho kaya hindi na kailangan ang serbisyo ng MDW; meron dahil malalaki na ang mga bata o namatay na ang inaalagaan nito; o, bumagsak nga ang kabuhayan ng employer at napilitan itong i-terminate ang kanilang kontrata sa MDW nila.

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PANGALAWA, malalaki ang ibinayad ng mga employers sa mga tinerminate nilang DW. Dahil sa tagal ng paninilbihan ng MDW sa kanyang employer, nag-qualify sila sa long service pay or severance pay maliban pa sa naglalakihang annual leave pay at iba pang contractual obligation ng employer. Kung nakaka-claim ang mga MDWs ng kanilang LSP or SP, nangangahulugang nagtagal sila sa employer at nag-qualify sila rito. 

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May mga employers ding hindi man umalis ng HK ay nawalan naman ng trabaho o bumagsak ang negosyo o lumalaki na ang mga bata. Gayundin, employer pa rin ang nag-iinitiate ng termination ng kontrata at hindi ang worker. Hindi naman babayaran ng LSP o SP ang isang migrant domestic worker kung hindi ang employer ang nag-terminate ng kontrata o hindi na ulit nais pumirma pa ng bagong kontrata. At ulit, qualified sila sa LSP or SP dahil nagtagal sila sa kanilang employer. Ibig sabihin, harmonious ang relationship. 

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Mahalagang bagay ang makita at kilalaning tinutupad ng mga employer ang kanilang obligasyon sa kanilang MDW. Kaya maging sa settlement ng obligasyon batay sa kontrata, naayos ito nang hindi na umaabot pa sa lebel ng dispute na kailangan pang resolbahin sa pamamagitan ng Labor Officer.  Ganyan din karami ang may mabubuting-pusong employers.

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ANG PAGHIHIGPIT PANG LALO sa kalagayan ng MDWs ang hindi maliwanag ang batayan. Maging ang batayan ng tinatawag nilang “job-hopping” ay suspetsa lang nila. Puro haka-haka lang naman ang mga ibinibigay nilang justification. At mula sa mga haka-hakang ito ay pinarurusahan na kaagad ang MDW. 

Ang mga MDWs ay gumasta rin nang malaki sa pagbabayd sa mga iniimbentong bayarin ng mga ahensya. Kung hindi ka naman magbabayad sa ahensya, hindi ka naman hahanapan ng bagong employer. At nakakahanap din sila ng mga employer dahil kailangan talaga ang kanilang serbisyo. Hindi nila pinagpipilitan ang sarili nila dahil kung ayaw sa kanila ng employer, kahit isang araw lang ay pwedeng i-terminate ng employer ang kontrata. 

Maraming employer ang tinatawag na “terminator.” Ang mga ito ba ay hinihigpitan din? Bakit nakakakuha pa rin sila ng MDW kung nakasuhan na? Iba lang talaga ang trato sa mga MDWs ito.

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Labour proposes getting agencies to warn FDHs against ‘job hopping’

By The SUN

Labour is proposing to add 'job-hopping' in the agencies' Code of Practice

A proposal by the Labour Department to include so-called “job-hopping” by foreign domestic helpers in the Code of Practice for Employment Agencies has been met with angry responses by migrant workers and agencies, but was welcomed by employers.

In a paper submitted to the Legislative Council on Thursday, Labour proposed requiring agencies to explain to their recruits that if they terminate their contracts they cannot remain in Hong Kong and move in with another employer, unless for exceptional reasons such as relocation, financial hardship or death of the employer, or if the worker has been abused or exploited.

The agencies will also be expressly forbidden from offering any monetary reward to FDHs to induce them to terminate their contracts, and at the same time, will be required to discuss with the employer the refunding of fees, or FDH replacement in case of contract pre-termination.

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The proposal will be presented to Legco’s Manpower Panel on March 21, after which an eight-week consultation period will be held. Stakeholders such as EA and FDH organizations and employer groups will be asked for their views.

Ahead of the consultation, several FDH organizations and their support groups hit out at the proposal, saying helpers would not terminate their contracts deliberately just so they could sign up with another who offers them a better deal.

Given the amount of money, time and effort it took them to secure a job in Hong Kong, they will not be putting all of that at risk by moving to another employer who may not necessarily treat them better, the groups say.

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Eman Villanueva, spokesperson for United Filipinos in Hong Kong, said the proposal is also tantamount to promoting bonded labor.

“It threatens migrant domestic workers of possible denial of working visa and as a result, will force many to stay even in the most unbearable working and living condition,” said Villanueva.

“It also contravenes their own policy of allowing both the employer and the worker to terminate their contract prematurely.”

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Eni Lestari, chair of the International Migrants Alliance, said there is no such thing as job-hopping, but just an exercise of the worker’s right to choose who to work for.

“If other people are allowed to change employers or companies freely, why not us? In our experience, most of the domestic workers would stay with a family as long as they are treated humanely, they are treated properly and they are paid enough,” Lestari said.

Curtailing workers’ right to choose their employer could also be a violation of the Basic Law, otherwise known as Hong Kong’s mini-constitution, according to Thomas Chan, chair of the Hong Kong Union of Employment Agencies.

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He cited article 31 of the BL which provides that “Hong Kong residents shall have freedom of choice of occupation,” and article 43, which says that all persons in the HKSAR shall enjoy the same rights and freedoms as Hong Kong residents.

Chan said rather than giving the Immigration Department wide powers to act on job-hopping suspicions, the government should set up a committee comprising representatives from the workers, employers, agencies and the consulates concerned, which will have a final say on such cases.

He also said that Labour would effectively be amending the law with Legco’s approval if job-hopping, a concept that is too vague and has never appeared in any statute, is included in the Code of Practice.

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But Betty Yung, chair of the Hong Kong Employers of Overseas Domestic Helpers Association, welcomed the government’s proposals, saying the current system is unfair.

Yung said in an interview that employers pay a huge sum to agencies to get the FDH to come to Hong Kong, so the worker should not be allowed to freely terminate the contract before the expiry term of two years. She griped that employers are even obliged to pay for the worker’s return air ticket.

Such sentiment is shared and promoted by some legislators, in particular those who come from the pro-Beijing Democratic Alliance for the Betterment of Hong Kong.

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Not only do they want workers who terminate their contracts to be sent home, they are also calling for the 14-days they are allowed to remain in Hong Kong post-termination to be cut to seven days. They also want FDHs who terminate their contracts prematurely to pay their employers a certain sum.

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2 DH na nag-away, pinarusahan sa korte

 

Dito nangyari ang away ng dalawang Pilipina.

Dalawang Pilipina na parehong domestic helper ang nabigyan ng leksyon nang humarap ngayon sa Tuen Mun Court matapos silang mahuling nag-aaway sa pampublikong lugar sa Yuen Long.

Mas mabigat ang naging kasalanan ni A. Advincula, 53 taong gulang at nakatira sa Tai Po, kaya’t pinagmulta siya ng $500 ni Deputy Magistrate Tobias Cheng.

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Ang nakaaway niya, si J. Andes, 37 taong gulang at taga-Yuen Long, ay isinailalim sa bind-over o pangako na hindi na magkakasala sa loob ng 12 buwan. Kapag nilabag niya ito ay pagmumultahin siya ng $1,000.

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Pinagbayad din si Andes ng $200 para ibalik ang nagastos ng korte sa kaso.

Lumalabas na hindi gaanong naghigpit si Magistrate Cheng sa dalawa.

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Ayon sa Section 25 ng Public Order Ordinance, ang pag-aaway sa pampublikong lugar ay maaring parusahan ng multang aabot sa $5,000 at pagkabilanggo ng hanggang dalawang taon.

Kung ang kaso ay mas mabigat ay iaakyat ito sa District Court, kung saan ang parusa ay aabot sa limang taon.

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Kinasuhan ng HK Police ang dalawa ng “fighting in public place” matapos silang mag-away sa Kik Y Road sa Yuen Long noong Nov. 27, 2022.

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Filipina fined $1,500 after being found guilty of shoplifting

By The SUN

 

The theft happened in a Fusion shop in Happy Valley (Wikimedia photo)

“A pack of lies.”

This was how Eastern Court magistrate Tsang Chung-yiu described the story concocted by a Filipina domestic helper to defend herself against a charge of stealing two bags of goods from a supermarket in Happy Valley on July 1 last year.

Tsang ordered Glenny S. Flores, 35, to pay a fine of $1,500 for the offence of theft, to which she pleaded not guilty in October last year, leading to a two-day trial.

The penalty which the magistrate read out on Wednesday, March 14, amounted to roughly the total cost of the goods that Flores had stolen from Fusion Supermarket.

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These included 21 packs of chocolate, one bottle of shampoo, three bottles of conditioner, two packs of pain-relieving plasters, and two tubes of spray liniment.

She had put the items in two reusable bags, and was on her way out when the alarm sounded. She paid for one pack of chocolates which had triggered the alarm, and again tried to sneak out. However, the alarm sounded again and the cashier confronted her.

Flores and the cashier had an altercation, and the police were called.

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In her defence, Flores said she had intended to pay for the other items, but her wallet was with her friend, Lovely, who had followed her to the grocery and was standing just outside while she was being questioned by the police.

Through her lawyer, Flores also complained that the store had no CCTV, which could have shown that she did not intend to leave without paying.

She also alleged that she was forced to admit the offence after an officer told her that she would be let off lightly if she did, that she was made to confirm what the officer had written on his notebook without being cautioned about it, that the Tagalog interpreter dictated to her what to say, and that she should have been given a Cebuano interpreter and not a Tagalog one.

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In court, however, the officers denied using coercion or tricking Flores into admitting her guilt, which both the Tagalog and the Chinese interpreters affirmed.

One of the officers also said that when he checked Flores’ phone he saw that she did not have enough money in her Alipay account to pay for the items. She had gone to the store with only the bags and her phone with her.

Magistrate Tang was convinced that there was irregularity in the way Flores was asked to write in the officer’s notebook without being given prior warning, and questioned why a Tagalog interpreter was called when the defendant’s mother tongue was Cebuano.

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Tang also noted that Flores had a clear record, which suggested she was a reliable witness.

However, he decided to convict her based on her own testimonies about what happened on the day in question.

First off, Tang said “it did not make sense” that Flores had put the grocery items in two shopping bags instead of leaving them in the trolley and then pushing it to the self-service counters.

Further, if she had really intended for her friend Lovely to bring her wallet to the store so she could pay for the items, why did she not call her before trying to step out?

"Why was it necessary to carry the bags and not leave the goods in the trolley?,” asked the magistrate. Why did it take Lovely a long time to come?”

To him, the only logical inference was that Flores had paid for one item as a ruse to prevent any suspicion that she had taken a number of goods without paying for them.

Finally, he said the fact that there was no CCTV in the store could not be used as evidence in the defendant’s favor.

In mitigation, the defense lawyer said Flores is a single mother to three children, and has been sending $3,000 of her monthly salary home for their upkeep.

She has worked in Hong Kong since 2019, and her current employer whose three-year-old daughter she looks after, intends to sign her up again when their contract expires in September this year.

To show support for Flores, her employers attended court throughout her trial, and until the judge announced his verdict.

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