Filipino asylum-seeker stopped from abusing judicial process

The High Court says the applicant should not be allowed to keep filing cases

The High Court has clamped down on a Filipino asylum seeker who, after losing his non-refoulement case at the highest level -- the Court of Final Appeal -- went back to the Immigration Department to file a new claim, using the same arguments to seek protection from being sent home to the Philippines.

On orders of Deputy High Court Judge K.W. Lung, the Court of First Instance issued a restricted proceedings order (RPO) on Renante Buniag as it again rejected his application for leave to appeal the rejection of his new claim.

“There is evidence to show that if unrestricted, the applicant may take out further proceedings to assert his non-refoulement claim on the same facts of the case, thereby abusing the legal process” for the sole purpose of remaining in Hong Kong, declared the decision written by M.O. Wong for the High Court Registrar.

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Under the RPO, Buniag is “prohibited from commencing any fresh proceedings by whatever originating process, or continuing any existing legal proceedings, relating to any non-refoulement claim of the Applicant in the High Court and any appeal, including this Order, without leave of the Court of First Instance.”

“No more than one leave application … may be made by the Applicant within any period of 3 months,” it added.

If he does initiate such proceedings, the RPO requires them to be referred to the court which will deal with them on paper and without any oral hearing.

The RPO will be effective for five years, it added.

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Buniag arrived in Hong Kong as a tourist and overstayed since Sept. 22, 2017; he filed his non-refoulement claim on April 19, 2018.

His reason was that his life was in danger because he failed to repay debts and that he was also involved in drug trafficking in the Philippines.

The Immigration director rejected his application because his claim was not substantiated. His appeal to the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) was also dismissed after it found that his evidence was inconsistent.

The Court of the First Instance rejected his appeal for leave for judicial review of the Board’s decision on Dec. 3, 2021. He then brought his case to the Court of Appeal, which dismissed his appeal.

Finally on Oct. 6 ,2023,  the Court of Final Appeal dismissed his Notice of Motion for leave to appeal against the Court of Appeal’s decision.

Last Jan. 24, he wrote to the Immigration director to again claim non-refoulement, but this was rejected because he admitted that there was no change in the circumstances he cited in his failed 2018 claim.

This brought him again to the CFI, which rejected his application for leave to file a judicial review and, in addition, issued an RFO to prevent him from abusing the judicial process.

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Lending HKID leads Filipina to face charge of laundering $3.75M

 

Police diagram of how money laundering is committed by scammers

A Filipina domestic helper who claims to have merely sent a copy of her Hong Kong identity card to an acquaintance who has since disappeared, has found herself facing a charge of laundering a total of $3.75million through her Standard Chartered bank account.

Ma. Rochel M. Fuentes, 36, appeared in District Court on Thursday, September 12, to face an amended charge of “dealing with property known or believed to represent proceeds of an indictable offence”.

According to the charge amended on Aug. 15 this year, she laundered a total sum of $3,758,465.59 from Apr 1-17, 2023 through her Standard Chartered Bank account numbered 978-8-718887-1.

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Justice Justin Ko King-san adjourned the case to November 26 and ordered Fuentes returned to jail.

Previously, the amount Fuentes had allegedly laundered using the same account from Apr 2-4 of the same year totaled $666,300, which was why she was first charged at the Eastern Magistracy.

Magistracies have jurisdiction over less serious cases, and ordinarily impose prison terms of no more than two years.

The District Court, on the other hand, hears all serious cases except murder, manslaughter, rape and dangerous drug cases where large quantities of dangerous drugs have been seized, and can impose a sentence of up to seven years.

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The charge of money laundering, which is contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, is punishable with a maximum prison term of 14 years and up to $5 million fine.

Fuentes was arrested at Hong Kong International Airport last January 26, as she was about to board a flight to Manila.

She told friends and family members she was going home to wait for her new employment visa after her previous employer for whom she worked for 20 months, terminated their contract due to redundancy.

After her arrest, she told the police she was not the one who opened the Standard Chartered bank account. She said she only had an account and an attached ATM at Philippine National Bank.

Fuentes said an acquaintance asked her for copies of her HKID card in exchange for $410. After she received the money, this unknown person blocked her on Facebook.

Despite the lengthy prison sentence she now faces following the transfer of her case to the District Court, Fuentes reiterated her desire to plead guilty to the charge, hoping this would reduce the time she would spend behind bars.

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2 Filipino asylum seekers caught working illegally denied bail

Immigration officers round up suspected illegal workers (ImmD file photo)

Two Filipino asylum seekers arrested last Monday doing odd jobs in a Central shop despite being prohibited from doing so, were returned to jail after their offer of cash bail was rejected at the Shatin Court today.

Allyn Pinana, 30 years old, and Arlene Suratos, aged 47, were charged by the Immigration Department with taking employment while a removal or deportation order is in force against them, a violation of the Immigration Ordinance.

Their duty lawyer offered a cash bail of $2,000 for their release, plus conditions such as surrender of their passports and reporting regularly to police.

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But the prosecutor opposed the bail, saying the evidence against them was strong and, being recognizance certificate holders, they lack local connection to Hong Kong.

Magistrate Andrew Mok agreed with the prosecutor and remanded the two in jail custody until the next hearing on Oct. 24.

Under sections 38AA (1)(b) of the Immigration Ordinance, a person “in respect of whom a removal order or a deportation order is in force… must not take any employment, whether paid or unpaid, or establish or join in any business.”

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The ordinance’s Section 38AA(2) penalizes violators with a fine of up to Level 5 ($50,000) and imprisonment of up to three years.

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New group takes over NAIA management, terminal reassignments eyed

All international flights except PAL's, will be assigned to T3 under the plan

A new group set to take over the management of Ninoy Aquino International Airport from Saturday, Sept. 14, has assured that the planned reshuffle of terminal assignments will be implemented gradually, following alarmed reactions from airlines.

Under the planned terminal reassignments announced by the New NAIA Infrastructure Corporation on Sept 9, flag carrier Philippine Airlines will have exclusive use of Terminal 1 for its international flights, Terminal 2 will be used for domestic flights of both PAL and Cebu Pacific, Terminal 3 will be used for all other international flights, while Terminal 4 will be used by Air Asia for its domestic flights until T2 is expanded.

After local airlines expressed surprised at the plan, the NNIC explained that the changes will be introduced gradually over two years, while Terminal 2 is being expanded to include the site presently occupied by the Philippine Village Hotel.

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NNIC general manager Angelito Alvarez explained that the reassignment is part of their efforts to lessen the congestion at NAIA, improve passenger experience, and boost flight efficiency.

“Remember, the design capacity of NAIA is just 35 million, and right now we are expected to hit 51 million passengers by the end of this year,” Alvarez said.

“If we maintain the status quo, you can just imagine the impact on the passenger experience.”

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While Cebu Pacific and AirAsia both said they support the NNIC’s goal of rehabilitating NAIA and improve passengers’ experience, they asked for more consultation before any changes are made.

CebuPac said in a statement that it is vital that all necessary operational support and systems are in place before any terminal changes are implemented.

The Gokongwei-owned airline cited as an example the year-long transition it took for their flights to be moved from Singapore’s low-cost terminal to Changi Airport’s Terminal 4.

AirAsia meanwhile said that while it welcomed the plan to have all of T4 for its domestic flights, any terminal reassignment would need careful planning, with due consideration for environmental factors and the need to minimize disruptions.

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‘Eagles’ donate to Bethune House

 

The 3 Lady Eagles groups hand over their donations to Bethune House in Jordan

Donations started pouring into the Bethune House Migrant Women's Refuge, just a few days after it issued a call for financial help, saying it needs at least $1 million to tide it over until the end of the year.

Among those that responded immediately to Bethune’s appeal was the Grand Hong Kong Eagles Club led by Aldwin C. Mas, an overseas Filipino worker-driver who also heads the Federation of Luzon Active Groups, or Flag.

Along with its three Lady Eagles Club, Mas’ group visited Bethune’s shelter in Jordan on Sept. 8 and donated various grocery items, plus $1,000 cash. Naveda Wellness also joined the gift-giving and donated 50 pcs of bath soap.

Lots of groceries were given to Bethune's clients in 2 shelters

According to Lady Eagles’ leader, Lee Ann E. Mas, they recognize that Bethune’s immediate need is for cash, which will mostly go to paying rent for its two shelters, the one in Jordan and another in Sheung Wan.

Lee Ann (rightmost front)and fellow Lady Eagles hand over cash to Bethune clients

In a recent public appeal, Bethune’s executive director Edwina Antonio the 38-year-old shelter has only enough cash to finance its needs for the next two months.

Mas said they plan to do a Zumba Dance charity drive sometime in November so they can accommodate as many OFWs like them who are willing to pitch in for the cash aid to Bethune House.

They also asked for two cans for the Coins for Bethune House, an annual fund drive aimed at getting a wider community involvement in helping raise funds for the oldest shelter for distressed migrant workers in Hong Kong.

Apart from Lee Ann who heads the Solid Grand Alab Hong Kong group, the other Lady Eagles leaders who joined the gift-giving were Marissa Pagubuitan of  Grand Hong Kong and Teresita Astrero of Solid Grand Kabatak.

Lee Ann may be contacted by anyone who wishes to take part in the gift-giving and charity drive for Bethune House at 6719 9563.

Velarde (leftmost) and her group on the way to the Mission office

Separately on the same day, another Lady Eagles group from Ilocos headed by Marie Velarde went to the office of the Mission for Migrant Workers, which manages Bethune House, and handed over some groceries and toiletries.

Velarde is inviting fellow OFWs, both male and female, to join her group, Solid Grand Ilocandia Matatag Lady Eagles Group, by calling 67175379.

Here are the ways you can make a donation: to Bethune House:

• To support online: https://donorbox.org/bh-raise-the-roof 

• By Direct Deposit The Bethune House Migrant Women’s Refuge Limited Hang Seng Bank 284-8-241309 HSBC 808-312649-292 

• By cheque Payable to The Bethune House Migrant Women’s Refuge, Ltd. All cash donations of HK$100 and above are tax deductible. (We will gladly assist interested donors to set up an autopay system if they wish to do so to become our regular pledgers.)

*By transfer through Alipay using the QR Code below: 

Filipina penalized for throwing safe from 16th floor window

Aerial photo of Discovery Bay (https://www.visitdiscoverybay.com/)

A Filipina has been fined $1,000 and sentenced to two weeks in prison, suspended for one year, after she was found guilty after  trial at Eastern Court, of throwing a safe out of a 16^th floor window in Discovery Bay in a temper tantrum.

Annabelle Chavanne, 39 years old, had denied the police charge that she violated the Summary Offenses Ordinance by dropping the safe from the living room window of a flat of the man she was living with, causing a danger to any person who may have been nearby as it is a public place, in.

“The court is able to draw the irresistible conclusion” that Chavanne was guilty even if no prosecution witness testified to having seen her do it, Deputy Magistrate Cindy Li said in her verdict on Monday (Sept. 8). 

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She rejected the testimony of Chevanne – that she was not drunk but had one or two glasses of wine with her girl friends, that the man had choked her and accused her of having an affair-- as evasive, inconsistent and unreliable.

Magistrate Li found the man honest, and depended on his account to establish that Chevanne arrived drunk at his flat on the night of Feb. 25, 2024 and started an argument.

He said he tried to avoid Chevanne’s temper tantrum by taking his son from his room so they could sleep together in the master bedroom that night, and locked the door, leaving her outside. 

She reacted by pounding the door, shouting and demanding to be let in so she could get her luggage.

After he brought out the luggage but did not let her in, he heard noises in the living room before Chevanne left the flat.

He went out of the room and found that his safe was missing.

He looked out the window, which was open, and saw it and its contents scattered on the ground. After he went down and confirmed that it was his safe, he called police.

Magistrate Li also heard the testimony of the man’s domestic helper but set it aside since she stayed the whole time in her room listening to the argument, and did not see anything of value to the case.

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Filipino residents fall victims to in-flight heist

 

The PAL flight was almost empty when the couple flew into Manila on Sept 6 (PAL website)

A Filipino couple based in Hong Kong had their recent vacation in Palawan ruined, as they became the latest to fall victims to in-flight theft, which appeared to have occurred aboard a Philippine Airlines flight that flew them to Manila early on September 6.

Stolen during the flight were three credit cards belonging to Mark (not his real name), which were used by the culprits to buy a number of items in Malaysia which altogether cost 70,800 RM (Malaysian Ringgit) (HK$ 127,500 or Php 913,000).

His wife, Anne (not her real name) recalls a sense of foreboding when their original flight from Hong Kong on September 5 was delayed due to the T8 being raised with the approach of Super Typhoon Yagi. They were cleared for departure early the next day, at 12:30am.

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Anne and Mark, who were then headed to Puerto Princesa,  took some selfies before take-off to assure their children that they could finally leave. From the pictures she shared, it could be seen that the PAL flight was wide open, with rows of empty seats around them.

Despite this, they noticed that two Chinese girls seated elsewhere took the seats in front and behind them, both by the window. Around them, the seats were occupied by what Anne described as Chinese-looking passengers who on hindsight, looked like lookouts to her.

Mark, whose work required him to travel frequently, put their two carry-on bags and his personal bag on the overhead bin, while Anne put hers under the seat in front of her. The flight was smooth but sometime during the ride, both fell asleep.

Anne says, “They probably took his entire bag at the back when we took a nap. They took the cards in a wallet hidden at the bottom of the bag. No way they can just get it  (wallet).”

The couple arrived in Palawan early on Sept. 6 and it was not until around midnight of Sept 8 that they realized that Mark’s HSBC Visa card and American Express credit card had been stolen. They spent the entire night and early the next morning calling up the banks to dispute the charges. They also filed a police report and executed an affidavit of loss on the same day.

The two stolen HSBC Visa cards were used to buy gadgets and pay for food

Yesterday, Sept. 10, they headed back to Manila, and along the way Mark realized his HSBC Philippine credit card was also stolen, so they filed another report with the police at Ninoy Aquino International Airport.

Anne said that because Mark was using his Philippine phone he did not immediately see the bank notifications about the charges made to his credit cards, which he could only access on his Hong Kong phone.

Typically, the thieves wasted no time using the stolen cards to go on a shopping spree in Kuala Lumpur. On Mark’s Amex cards, the thieves spent RM18,700 on Lamer cosmetics; and at a Prada shop, they used the card twice for purchases that came up to RM12,500 and RM10,000.

His HSBC cards were used separately to pay a bill at Ching Mong Tang for RM19,800, and Tech Heaven for RM9,800.

The police report on the complaint they filed in Puerto Princesa

Anne says that while she and Mark are anxious to get the unauthorized purchases reversed, they also want to send out a warning to others, especially their fellow Filipino travelers, to make sure they don’t go through the same traumatic experience.

They are also looking at PAL to help identify the Chinese-looking passengers who sat near them, in hopes that the culprits who caused them so much trauma would be caught and brought to justice.

The couple’s nightmare comes close on the heels of two recent inflight thefts reported by Hong Kong media, and warnings from the police in late 2023 about a rise in the number of such cases.

The two aircraft thefts both happened on Aug 26, with one being widely reported as it resulted to the arrest of a Mainland Chinese man who allegedly stole a $330,000 Rolex watch, thousands of dollars in cash and credit cards belonging to a fellow passenger. The victim discovered the theft just before deplaning from the Hong Kong Express flight from Danang, Vietnam, and immediately alerted the crew.

The other incident involved a Mainland traveler whose credit card was reportedly stolen as he slept on a VietAir flight from Danang to Hong Kong. Although he managed to report the card lost as soon as he saw notifications on his phone about transactions totaling $36,000 being made on it, no arrests had been made.

Such cases are not rare. As early as October 2023, the police had sounded the alarm about a surge in in-flight thefts, as it announced a series of arrests related to a syndicate that were targeting passengers’ credit cards on airliners bound for the city.

The police said it recorded 13 such cases in the first nine months of the year, after just two incidents in 2022, one in 2021 and five in 2020.

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Immigration issues new warning against illegal work

Immigration officers in action. (File photo)

The Immigration Department today reiterated its warning to asylum seekers that they are prohibited from accepting work, whether paid or unpaid, and starting or joining a business.

The warning came as ImmD announced the conviction of a Bangladeshi holding a recognisance form, who was jailed for 15 months by the Shatin Magistrates' Courts yesterday (September 10).

The Bangladeshi, aged 51, had earlier pleaded guilty to "taking employment while being a person in respect of whom a removal order or deportation order was in force," a violation of the Immigrtion Ordinance.

The man was arrested by Immigration Department (ImmD) investigators, in an anti-illegal worker operation on July 28, for doing odd jobs in an office in Mong Kok district.

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“Upon identity checking, he produced a recognisance form issued by the ImmD for inspection, which prohibits him from taking employment. A further investigation revealed that he was a non-refoulement claimant,” the ImmD statement said.

"As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment," Immd said.

It also issued a similar warning to employers of these people.

“It is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable… has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences,” it said.

“The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability,” ImmD said.

“The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given a jail sentence.” it added.

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PCG warns against transacting with ex-OFW turned loan shark

 

The loan shark does not return pawned passports even after the loan has been paid in full

The Philippine Consulate has warned overseas Filipino workers not to snap up loan offers by a former migrant worker who charges interest rates of up to four times the amount of the original loan.

On top of this, the unnamed ex-OFW turned loan shark demands the surrender of the passports of the debtors. But even after the OFW-debtors had paid fully, the loan shark still refuses to give back their passports.

The Consulate said the loan shark is no longer in Hong Kong but continues to run her illicit operations from the Philippines through Alipay and other digital wallets.

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“The Consulate hereby warns the public against this modus operandi and reminds them that passports are properties of the Philippine government,” said the advisory. “These should never be used as collateral for loans as they constitute a violation of the New Passport Act which prescribes severe penalties for violators.”

Filipinos found to have pawned their passports for loans are routinely given a hard time in securing a replacement in Hong Kong. If they need to fly out on an emergency they are only given one-way travel permits to the Philippines, and should go to the Department of Foreign Affairs to secure a replacement passport.

Victims of the passport-for-loan scam are advised to report to the Consulate’s assistance to nationals section by calling 2823 8505 or 2823 8513 to 16. They may also send an email to atn.hkpcg@gmail.com for assistance.

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Charity providing aid to poor Filipinos raises $12.5 million from banquet

 

Auctioneer Kristine is all smiles as she acknowledges $80k donation

There were again lots of spontaneous gasps and cheers at the annual fundraising banquet of the International Care Ministries held last Saturday night at the JW Marriot in Admiralty, as donors opened their wallets wide for the charity that raises money for the “poorest of the poor” in the Philippines.

At the end of the night that seemed to indicate that Hong Kong might well be on its way to full recovery after the pandemic, the 32-year-old charity group managed to raise a total of HK$12.5 million.

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ICM chair David Sutherland who announced the fundraising results to co-organizers via email, said the amount could go up some more when more donations pour in from other places and sources.

“We are very pleased,” said Sutherland. “Last year we had a lot of ‘extra donations’ and we finished with HK$13.3 m, so we hope to see additional donations in the days ahead.”

He said the initial amount raised on the night of the banquet last year was $11.8 million, while it was $12.6 million in 2022.

Sutherland says ICM is already doing an outreach in Guatemala and Uganda

At Saturday’s banquet, a big number of the more than 300 guests did not think twice about raising their numbered paddles as veteran auctioneer Kristine Fladeboe Duininck called for on-the-spot donations of cash starting from $800,000, all the way down to $8,000.

According to Sutherland, a total of 86 people pitched in to raise $6.1 million that should support more than 50,000 family members in the Philippines through ICM’s four-month Transform program.

The flagship program’s goal is to build hope, provide income opportunity, improve family health, and ensure education for tens of thousands of marginalized Filipinos in 14 provinces where ICM operates. The weekly so-called H.O.P.E. training sessions are hosted by pastors in local churches.

Equally popular among banquet donors was the campaign to provide for the health needs of ICM beneficiaries through the Medical Mercy Fund. A video showing how Colleen, a young girl who was born deaf, learn how to speak for the first time after surgery and therapy funded  by ICM, poignantly drove home the message of how the fund could help change the lives of many.

Sutherland said 23 people donated a total of $249,000 in support of the Fund, enabling about 100 people to receive surgeries.

The traditional live auction held at three different times over dinner, raised a total of $685,000. The main feature was the auction for the star sapphire pendant or brooch, adorned with five cabochon sapphires totaling 11 carats and leaves made of diamonds. The jewelry went for nearly $500,000 from a starting bid of $350,000.

Raising a further $721,000 was the silent bidding for 76 items, ranging from paintings to jewelry and hotel stays, to the highly popular bamboo gin from the Philippines.

ICM is now on its 20th year of providing help to the Philippines' 'ultra poor' people

Boosting the amount raised was the US$500,000 pledged by a church in the United States which committed to match every donation of $80,000 to $200,000 made during the banquet. Sutherland said the pledged amount was matched, almost to the penny.

But, he said a donor has offered an additional US$100,000 (or $HK775,000) of matching funds which he said they aim to unlock in the next few days, if more gifts of HK$80,000 to $200,000 are made.

“If there are a few of you who weren’t able to pledge last night that would consider a donation in this range, it would allow ICM to serve so many more family members with lasting change,” he said.

Sutherland said ICM has also begun serving ultra poor communities in Uganda and Guatemala, and will start its outreaches in Burundi, and Cambodia next year. However, the bulk of its resources is still used to help beneficiaries in the Philippines.

ICM has 14 operational bases across the Visayas and Mindanao: in Puerto Princesa, Kalibo, Iloilo, Bacolod, Dumaguete, Cebu, Tagbilaran, Tacloban, Dipolog, Cagayan de Oro, Butuan, Koronadal, General Santos and Davao.

For more information on ICM’s work, please visit their website: https://www.caremin.com/

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