FDHs targeted in Immigration’s latest anti-illegal work raids

 

All the workers arrested were all women working in restaurants or guesthouses

A total of 16 people were arrested in anti-illegal work operations conducted by the Immigration Department that targeted foreign domestic helpers working mainly in restaurants or guesthouses.

Arrested over three days, from Oct. 12 to 14, were ten suspected illegal workers aged 26 to 43, and six employers aged 41 to 63.

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The 10 workers were all women. Five are current helpers, three were former helpers who had overstayed their visas, one visitor, and one imported worker.

Immigration said most of the suspected illegal workers were found working at restaurants or guesthouses doing dishwashing, cleaning and other odd jobs.

The employers were locals comprising five men and one woman.

An immigration officer displays the items seized during the operations

Immigration reminded the public that FDHs should only perform domestic duties for their contractual employer as listed in the "Schedule of Accommodation and Domestic Duties" attached to the employment contract.

“The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person," the Immigration statement said.

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Anyone who violates a condition of stay in their visas, including FDHs and tourists who are not allowed to take up any work in Hong Kong, whether paid or unpaid, are guilty of an offence.

The maximum penalty for the offence is a fine of $50,000 and up to two years’ imprisonment.

If the illegal worker is an illegal immigrant, a person subject to a removal or deportation order os is a overstayer, face a maximum penalty of three years in jail, and fine of up to $50,000.

Employers who hired a person who is not lawfully employable could be jailed for up to 10 years, and fined a maximum of $500,000. Under sentencing guidelines imposed by the High Court, an immediate custodial sentence is prescribed for an offending employer.

The director, manager, secretary, partner or any officer of the company concerned may also bear criminal liability.

The sentencing guidelines require all employers to take “all practicable steps” to determine whether a person is lawfully employable prior to employment. This means that apart from inspecting a job applicant’s identity card, the employer is also duty-bound to make enquiries to ensure the lawful employability of the person.

If the jobseeker does not have a permanent HK identity card the employer is required to inspect the applicant’s valid travel document to ensure compliance with the law. Failure to do this would make the employer liable to pay a maximum fine of $150,000 and could be jailed for up to a year.

Immigration warned employers not to defy the law by employing illegal workers, saying it will continue “to take resolute enforcement action to combat such offences.”

 

Student, 16, sent to District Court for child rape, pornography

 

The case will now be heard at District Court

A 16-year-old Filipino student charged before the Eastern Court with unlawful sexual intercourse with a minor and possession of child pornography will answer those charges before the District Court starting Oct. 28.

Principal Magistrate David Cheung told Liam Urtula he was elevating the case and advised him that he had the right to seek bail and was entitled to apply for a free defense lawyer from Legal Aid.

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Urtula is accused of raping an 11-year-old girl inside a flat on 44-46 Bonham Road in Sheung Wan last Feb. 14, for which he was charged with “unlawful sexual intercourse with a girl under the age of 13 years,” in violation of section 123 of the Crimes Ordinance.

That ordinance states: “A man who has unlawful sexual intercourse with a girl under the age of 13 shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life.”

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He was also charged with violating section 3(3) of the Prevention of Child Pornography Ordinance after 13 photographs containing child pornography was found stored in his mobile phone between Feb. 8 and March 28 this year.

Under this ordinance, possession of any child pornography is punishable on conviction on indictment to a fine of $1,000,000 and imprisonment for five years or, on summary conviction, to a fine of $500,000 and imprisonment for two years.

2 missing Filipinas still in HK, says MWO

 

Aleli and Imee are shown in a photo shared on Facebook

The Migrant Workers Office has said that the two Filipina domestic helpers who went missing on October 4 are still in Hong Kong, according to records from the SAR’s Immigration Department.

This was according to MWO Officer-in-charge Antonio Villafuerte who told The SUN that the Consulate’s police attaché had received the information from the Hong Kong Police upon a request.

On being given this information, Villafuerte said the Consulate had proceeded to request Immigration to put the two Filipinas on the lookout list.

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The information puts to rest persistent, though unverified reports that 24-year-old Imee M. Pabuaya and 33-year-old Aleli P. Tibay, had left Hong Kong, and are already in another country abroad, particularly Poland. The two are said to be in a relationship.

“Mabuti nga sana kung nakaalis sila dahil it  means they’re safe, but this is not the case,” said Villafuerte, who added the Consulate as well as the Department of Migrant Workers in the Philippines remain concerned about the two’s whereabouts and safety.

He said DMW Secretary Hans Leo Cacdac had contacted him directly after learning about the missing migrant workers.

Villafuerte confirmed that the two had valid employment visas when they were reported missing, and that the Overseas Workers Welfare Administration had been in touch with their employers, as well as their family members.

He said Imee had been in Hong Kong for just over a year, as only those aged 24 years old and above are allowed to work abroad as overseas Filipino workers (OFWs); while Aleli had worked here for some time.

Surveillance photo from Oct 4 showed the two did not seem dressed for hiking

Villafuerte also doused speculation that the two had gotten lost while hiking, saying the photo taken by a surveillance camera in the afternoon of Oct 4 while they were standing on Yeung Uk Road in Tsuen Wan indicated they were not dressed for this activity.

Imee was shown wearing a dark blue denim top, matching denim shorts, and white shoes while Aleli was wearing a light blue long-sleeved shirt, light blue jeans and white shoes.

The police had also reportedly called off searching for the two Filipinas along the Lung Min hiking trail in Tsuen Wan, which started on Saturday afternoon, amid concerns they had lost their way and were stranded in the area.

The force is now said to be assessing their next step in searching for the two.

“We remain concerned about their safety and are coordinating with the police as they continue to investigate the case,” said Villafuerte.

He reiterated an earlier advice from the Philippine Consulate about posting unverified information about the two as these could derail the efforts to locate them.

 

 

 

Filipina DH guilty of neglect in scalding of year-old boy

 

Photo of the scalded baby posted by his father in an employers' chat group

A Filipina domestic helper was convicted of ill-treatment or neglect of a baby boy under her care, after a two-day trial at the Shatin Court ended Monday.

Deputy Magistrate Charlotte Kong postponed the sentencing of Nora Navarro, 44 years old, to Oct. 28 to await a background report she ordered to help determine the appropriate penalty.

Navarro was accused of ill-treatment or neglect in taking proper steps to prevent the scalding X, the one-year-old boy under her care, in the kitchen of the family flat in Siu Lek Yuen North, Sha Tin on March 3 this year. 

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According to his male employer the incident happened shortly after he scolded the helper for not cleaning properly.

The Filipina denied the allegation, saying X was splashed with hot water when he yanked the plug of the rice cooker where she had been boiling potates, after she put had put him down to check on her cooking.

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However, the female employer who testified in court said she had clear instructions that the helper should not bring the baby to the kitchen for whatever reason, to which the defendant agreed.

But Navarro said that day was unusual as the employer who was looking after X initially, had begun chanting Buddhist prayers, and the boy started crying. As this was distracting the employer Navarro said she decided to take the boy away from her.

What happened next was in dispute. Navarro said she had gone to the kitchen quickly to turn off the cooker and as a precaution had put the baby down and given him plastic to play with. 

But the employer disputed this, saying the helper must have held the baby in her arms while tending to her cooking, contrary to her repeated instructions never to take the baby into the kitchen. 

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The male employer had earlier posted a photo of the scalded arm of the baby in an employers' chat group, and claimed that the helper had deliberately put his son at risk after he gave her a scolding.

He said his son was taken to Prince of Wales Hospital with second-degree burns to his torso and right arm. The boy was discharged after two days.

During questioning, the female employer conceded that she did not see exactly what had happened in the kitchen as her eyes were closed in prayer at the time. All she saw was Navarro dousing the baby with cold water after he was scalded.

Navarro was supposed to stand trial for two days, but the magistrate gave extra time for both sides to sum up their arguments before handing down her verdict.

The charge alleges that the defendant, "being a person over 16 years of age who had the custody, care, or attention of boy X, intentionally abused or neglected the  boy in a manner likely to cause unnecessary injury to his health”, in violation of section 27(1) of the Offenses Against the Person Ordinance."

The crime is committed if the defendant fails to take steps to protect the victim. It is not necessary for the prosecution to prove that the defendant was the perpetrator of the "unlawful act or neglect."

The maximum penalty for the offence is 10 years in prison on indictment, and three years' jail in summary proceedings.

Pinay jailed 6 months for almost $1m that passed through her bank account

 

File photo posted by another Filipina who was earlier convicted of money laundering

A Filipina domestic helper will spend the next six months in jail for allowing the use of her bank account in money laundering.

In a hearing at Kwun Tong Court Monday (Oct. 13), Acting Principal Magistrate Leung Ka-kie handed the sentence to Lea Callo, 32 years old, who pleaded guilty to the offense in an earlier hearing.

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Callo was convicted of “dealing with property known or believed to represent proceeds of indictable offence,” in violation of sections 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

The charge arose from the $937,789.50 in crime proceeds that flowed in and out of her Bank of China account between May 24 and Oct. 26, 2022.

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The police had accused her of dealing in property that “in whole or in part, directly or indirectly represented any person’s proceeds of an indictable offence.”

Police reiterate appeal for information on 2 missing Filipinas

 

Imee and Aleli went missing together on Oct. 4 (From Facebook)

 Nine days after they went missing, the whereabouts of two Filipina domestic workers remain unknown.

As a result, the Police have again appealed to the public for any information they might have on the two Filipina domestic workers who were last captured on video camera on Yeung Uk Road in Tsuen Wan on Oct. 4.

An unconfirmed report posted on Facebook by a hiker said she saw two, identified as Imee Mahilum Pabuaya, aged 24, and Aleli Perez Tibay, 33, at about 4:30pm on the day they went missing at the Fu Yang Shan barbecue site, about 1 km away from the Tsuen Wan MTR station.

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Others said the two were in a relationship, and had jointly taken out a loan for some $80,000. A Facebook post from someone who identified herself as Tibay’s sister confirmed the loan, but said someone else had used the money, then disappeared.

Vice Consul George Soriano said they have yet to get credible information as to the two workers’ whereabouts, including claims they had left Hong Kong for work in Poland.

 “At this time all we have is conjecture,” he said.

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In an earlier advisory posted last Friday, the police said they received a report that Tibay was missing on Oct 6, while Pabuaya was reported missing on Oct. 8.

Pabuaya is described as about 1.55 meters tall, 50 kilos in weight, and of medium build. She has a round face, fair complexion, and short brown hair. She was last seen wearing a dark blue denim top, matching denim shorts, and white shoes.

Tibay, the older one, is about 1.58 meters tall, also weighs around 50 kilos, but has a slim frame. She also has a round face and fair complexion but with long black hair. She was last spotted wearing a light blue long-sleeved shirt, light blue jeans and white shoes.

Anyone with information about their whereabouts may contact the Regional Missing Persons Unit of Hong Kong Island on 2860 1040 or 9886 0034, or email to rmpu-hki@police.gov.hk, or contact any police station.

 

19 people arrested in new anti-illegal work raids

 

Evidence seized from food delivery riders included a bike

A series of anti-illegal work operations conducted across Hong Kong over eight days, from October 2 to 9, resulted in the arrest of 19 people, 13 of them suspected illegal workers.

A series of focused operations that targeted food delivery services in various locations led to the arrest of five suspected illegal workers, all males and non-ethnic Chinese, aged 21 to 59. Four of the five suspects held recognizance forms, meaning they are applying to stop deportations proceedings against them.

Three Hong Kong males were arrested with them on suspicion of aiding and abetting their illegal work as food delivery riders, and conspiring to defraud delivery platforms.

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In other anti-illegal work operations, eight suspected illegal works and three employers were arrested.

The arrested workers comprised seven women and one man, aged 37 to 58. Two of the women were found to possess forged HK identity cards.

Arrested with them were Hong Kong male residents, aged 33 to 44, suspected of hiring the illegal workers.

2 women arrest had fake HK ID cards

Immigration again warned that illegal work is a serious offence in Hong Kong, for which the maximum penalty is imprisonment of two or three years, and a fine of up to $50,000.

Using forged HK identity cards could lead to imprisonment of up to 10 years and a maximum fine of $100,000.

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Employers could be fined a maximum amount of $500,000 and jailed immediately, for up to 10 years.

Anyone who wishes to report illegal work activities may call the dedicated hotline 3861 5000, 24-hour Immigration Offences Hotline 2824 1551, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

At least 8 people dead, dozens injured in Davao quake, aftershocks

 

Damage to Manay's hospital  

The Philippines has counted eight people dead, 395 injured and almost half a million people affected as aftershocks, the strongest at magnitude 6.8, continued to rumble through Mindanao today following last Friday’s 7.4 magnitude earthquake that originated 48 kilometers off Manay, Davao Oriental.

The Manay quake followed the 6.9 magnitude quake that originated 19 kilometers northeast of Bogo, Cebu, on Sept. 30 and caused extensive damage mainly to Cebu’s oldest churches, and neighboring provinces, leaving 74 dead and 559 injured.

As hundreds of aftershocks have rolled up and down the archipelago -- originating in west of La Union, Zambales and Batangas in Luzon, as well as mostly in northern Cebu in the Visayas and the Davao region in Mindanao -- at least four volcanoes were reported acting up, although experts said they may not be related.

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Kanlaon Volcano in Negros Occ. has emitted ash, prompting the Philippine Institute of Volcanology and Seismology (Phivolcs) to raise Alert Level 2, while Bulusan Volcano in Sorsogon registered 72 volcanic earthquakes, prompting Alert Level 1, along with Mayon and Taal in Albay and Batangas.

Following the Mindanao quakes, the National Disaster Risk Reduction and Management Council has counted 8,440 persons displaced and sheltered in evacuation centers, while relief supplies such as food packs and temporary shelters had been distributed to some 79,000 people.

It estimated a P100,258,000 cost for 273 damaged government faciilties in Davao and Caraga regions, including 32 road sections and eight bridges.

More earthquake hazards may be expected, Philvocs said.

“Earthquake-induced landslides, rock falls, and other types of mass movement may occur on sloping terrains, specifically in mountainous or hilly areas. Liquefaction, manifested by subsidence, ground fissures, sand boils, and/or lateral spreads, may affect low-lying, water-saturated, and sandy areas near water bodies. Active river channels and coastal areas may be vulnerable to inundation of seawater due to the combination of liquefaction-induced subsidence and changes in sea level due to high tide. Sinkholes may appear in areas with limestone bedrock,” it added.

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Strong earthquakes are not new to Davao Oriental and surrounding areas.

Records show at least six significant earthquakes with magnitudes ranging from M7.1 to M8.3 hit Davao Oriental and nearby provinces between 1885 and 2023, because it is located in one of the most seismically active regions of the country.

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“The most recent damaging earthquakes were the MS7.1 and MS7.5 earthquakes in Manay, Davao Oriental, on 17 May 1992. In both earthquakes, several buildings and infrastructure were damaged in Davao Oriental Province. A tsunami hit the eastern coast of Mindanao as well,” Philvolcs said.

DH jailed 8 months for $140k theft

 

Theft took place in one of the flats here (Google Maps photo)

A Filipina domestic helper has been jailed for eight months after pleading guilty at West Kowloon Court to stealing $140,000 in jewelry and cash from her employer.

Mary Grace Escorido, 44 years old, reported as having no fixed address after she was terminated by her employer, quietly walked into the detention room after Acting Principal Magistrate Cheng Lim-chi handed her the sentence on Friday (Oct. 11).

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Magistrate Cheng chose a starting point of 12 months, saying the theft was a serious breach of her employer’s trust, but gave Escorido a one-third discount for her guilty plea.

Lantau Police charged Escorido last Aug. 29 with stealing one gold necklace, one gold neklace with endant, one gold pendant, five gold bracelets, one ilver necklace with pendant and two diamond rings with a total value of $100,00.

She also admitted stealing $40,000 cash.

The theft took place at the employer’s flat in Caribbean Coast Carmel Cove in Tung Chung, Lantau.

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In a separate case at Kowloon City Court also on Friday, an unemployed Filipino Hong Kong resident was charged with two counts of theft for shoplifting from separate stores on Wu Kwong St. in Hung Hom last June 16.

Rodelio Ledesma, 65 years, was accused of stealing one pack of chicken meat, two packs of sausage and two packs of garlic valued at $211.90 from a Wellcome store.

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For the second charge, he was accused of stealing two packs of biscuit and one can of cooked food with a total value of $51.90 from a nearby Best Mark 360 shop on the same day.

He was freed on bail of $2,000.

ICC rejects interim release for Duterte

 

The ICC says Duterte is a high flight risk

The International Criminal Court (ICC) has rejected former president Rodrigo Duterte’s request for interim release, ruling that his detention must continue under the Rome Statue due to high flight risks, obstruction and potential further offences.

The Oct 10 decision was influenced largely by Vice President Sara Duterte’s public remarks and actions, particularly her suggestion that she would “break her father out” of ICC detention and her attempts to discredit the court by alleging collusion and fake witnesses.

VP Duterte’s comments made in August that her father intended to return to Davao City if freed, was also said to contradict his lawyers’ assurance that he would stay in the unnamed host country.

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Apart from this, the ICC said that given the former president’s “political influence, extensive network in the Philippines and continued support” including that of his daughter, increased the possibility that he would abscond if released.

Duterte's supposed frail health is cited as a ground for the interim release application (File)

In response to the decision, Duterte’s lead lawyer Nicholas Kaufman said the defense has already filed an appeal. Surprisingly, Kaufman said this was done “a week ago,” when the decision was published only on Friday.

He also said that if the case was before a domestic court, “there would have been no hesitation to release an 80 year old sick and debilitated man, kept from the public for more than half a year, and for whom unprecedented State guarantees had been provided.”

Kaufman hit out at what he said “civil society activist lawyers” being quoted actively in the media of accusing Duterte’s supporters of judicial trolling and lambasting defence submissions and filing “frivolous” petitions to sanction him.

Separately, the former president’s son, Davao City 1^st District Paulo “Pulong” Duterte has slammed the ICC’s decision on the interim release as a “gross and disgraceful miscarriage of justice” and as “political theater.”

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Rep Duterte also said in his Facebook post that the Central Intelligence Agency was complicit in what he again described as his father’s kidnapping.

He warned those who took part in the alleged abduction that they will “pay for this crime,” adding that they might just have turned his father into a martyr.

Duterte supporters outside the ICC's detention facility at The Hague

Duterte’s lawyers had asked for his temporary release, citing his age, supposed unstable mental health, and his willingness to remain in a third country that will take him in while the case against him is being heard.

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But the ICC decided Duterte must continue to remain in detention as he faces charges of multiple murders and attempted murder as crimes against humanity.

The decision was signed by Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera.

 

Police appeal for information on 2 missing Filipinas

 

Photo shows the two together when last seen in Tsuen Wan

The Police issued an appeal Friday for any information about the whereabouts of two Filipinas who went missing in Tsuen Wan in the afternoon of October 4.

The two were identified as Imee Mahilum Pabuaya, aged 24 and Aleli Perez Tibay, 33 years old. Police said they were last seen on Yeung Uk Road.

Police said they are both domestic workers. 

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No details were provided as to their visa status or relationship to each other, although they appeared to have been together when last spotted.

Police said it received a report about Pabuaya missing on Oct 8, while Tibay was reported missing on Oct. 6.

Clearer photo of Pabuaya (left) and Perez

Pabuaya is described as about 1.55 meters tall, 50 kilos in weight, and of medium build. She has a round face, fair complexion, and short brown hair. She was last seen wearing a dark blue denim top, matching denim shorts, and white shoes.

 

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Perez, the older one, is about 1.58 meters tall, also weighs around 50 kilos, but has a slim frame. She also has a round face and fair complexion but with long black hair. She was last spotted wearing a light blue long-sleeved shirt, light blue jeans and white shoes.

Basahin ang detalye!

Anyone with information about their whereabouts may contact the Regional Missing Persons Unit of Hong Kong Island on 2860 1040 or 9886 0034, or email to rmpu-hki@police.gov.hk, or contact any police station.