Lawyer problem delays trial of DH accused of assaulting male employer

 

Travistock estate, where the alleged assault happened. 

The trial of a Filipina accused of common assault on her male employer was put off yesterday (Dec. 8) after the lawyer defending her withdrew from the case at Eastern Court.

Senior Counsel Selwyn Yu, who started the day questioning defendant Romalyn Marinay, 36 years old, said after the morning break that he had just been told that her accuser, Shek Yuet-hey, had been his client in the past, giving rise to a conflict of interest. He said he had forgotten this fact.

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After apologizing to the court, he gathered his papers and walked out.

Magistrate Minnie Wat suspended the hearing until 3:30pm, asking both the prosecution and defense lawyers to research the case referred to by Yu, to determine whether this would affect the fairness of the proceedings.

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When the court recovened at 3:40pm, both sides agreed that the circumstances in Yu’s previous case were too remote from the subject of Marinay’s case and thus there was no danger of bias.

But Magistrate Wat wanted to make sure and asked both sides to do more research.

She adjourned the case to Dec. 20.

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Earlier, Yu showed several videos that Marinay took with her mobile phone while she locked herself inside the room that she and another domestic helper shared in Shek’s flat in Travistock, Tregunter Path, Midlevels, Central.

In one of the videos, Shek was recorded shouting: “I deliberately came home to talk to you everyday.”

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“Come on Romina, I’m waiting for you,” he said in another video.

In still another video, he said, “Your ma’am cannot protect you.”

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In all these cases, she said, she was alone in the house since the other helper was fetching Shek’s children from school.

As each video was shown, Yu asked Marinay what she felt as Shek was ranting on the other side of the closed folding door, occasionally hitting it.

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“I was scared that he would hurt me if I go out,” Marinay said. “Police told me to stay inside the room and record the event.”

She became the focus of Shek’s ire at the time when he and his wife were going through divorce proceedings at the Family Court, and Marinay was testifying for the wife.

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The couple have since divorced, and Shek was told by the court to move out of the house last August.

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Philippines, HK formalize cooperation on intellectual property

 

At the at the signing ceremony are (from left) Consul-General Raly Tejada, IPOPHL Director General Rowel Barba, HK Director of Intellectual Property David Wong and Deputy Secretary for Commerce and Economic Development Andy Lam.

The Philippine and Hong Kong governments have agreed to help each other strengthen their systems to promote and protect intellectual property.

The agreement was in a form of a Memorandum of Understanding (MOU) between Hong Kong’s Intellectual Property Department (IPD) and the Intellectual Property Office of the Philippines (IPOPHL).

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The document, signed by IPOPHL Director General Rowel Barba and Hong Kong’s Intellectual Property Director David Wong, was one of the highlights of the Business of Intellectual Property Asia (BIP Asia) Forum held in Hong Kong.

Among those who attended the signing was Philippine Consul-General Raly Tejada.

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The MOU aims to establish a framework to facilitate co-operation between Hong Kong and the Philippines in the areas of IP awareness, creation, protection, utilisation, management, trading and commercialisation.

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Under the MOU, Hong Kong and the Philippines will pursue further cooperation in various areas of IP by exchanging information and sharing experience; fostering high-level dialogues on policy developments; strengthening co-operation in IP training; sharing best practices in providing quality and efficient services to stakeholders; and promoting co-operation among the two places and the relevant IP practitioners, industries, institutions and organisations.

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"The National 14th Five-Year Plan supports Hong Kong's development into a regional IP trading center,” Wong said. “Both Hong Kong and the Philippines recognize the value of IP rights in driving economic growth.”

He added”The IPD will continue its engagement with IP offices and authorities outside Hong Kong to tell the good stories of IP in Hong Kong."

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The BIP Asia Forum is an annual IP flagship event in the region organised by the HK Government and the Hong Kong Trade Development Council.

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Its 13th edition, held at the Hong Kong Convention and Exhibition Centre in Wan Chai on December 7 and 8 under the theme "IP and Innovation: Steering New Economic Growth", features over 90 renowned speakers.

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They included senior officials from the China National Intellectual Property Administration, the World Intellectual Property Organization, and IP offices of member states of the Association of Southeast Asian Nations.

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Police to crack down on jaywalkers anew from Monday

 

35 elderly people were killed in traffic accidents in the first 10 months of the year

The police are set to launch a new round of anti-jaywalking operations from Monday, Dec. 11, after a marked increase in the number of traffic fatalities in the first 10 months of the year.

Government statistics show that a total of 85 people were killed in traffic accidents from January to September, the highest number for the same period since 2020.

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This means that on average, two people lost their lives in traffic accidents each week, according to police.

Of  those killed, 56 were pedestrians, with 35 of them being elderly individuals aged 65 or above, accounting for 63% of pedestrian deaths.

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Trucks constituted the largest number of vehicles involved in fatal accidents involving elderly pedestrians, followed by taxis and minibuses.

The main causes of the fatal traffic accidents were improper or non-use of pedestrian crossings and using phones while crossing.

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Pedestrians  are urged to obey traffic rules and to always use the so-called “four treasures of pedestrians” - traffic lights, zebra crossings, pedestrian tunnels, and footbridges.

The fixed penalty for those found violating traffic rules is a $2,000 fine. Enforcers in civilian clothes will be deployed, to stop the practice of pedestrians obeying traffic rules only when they see police officers nearby.

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A similar police operation was conducted across the city in the third quarter of the year, which resulted in 1,786 pedestrians each being issued with the $2,000 fixed penalty for violating traffic regulation.

Police say that as a result, there has been a 50% drop in serious or fatal traffic incidents affecting pedestrians. However, the number of fatalities remains high.

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Thus, in the first week of the month, the Police Traffic Branch, in collaboration with the Regional Traffic Safety Unit, stepped up the education campaign on road safety, with the trusty mascot, “Bear Sir” helping put the message across.

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At the same time, pedestrian safety banners have been hung at around 100 locations with high pedestrian and vehicle traffic, and “Bear Sir” stickers affixed on traffic light controllers.

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But after these promotional activities, the police said it will start “unpredictable, indefinite an varied” forms of law enforcement across all districts to bring home its message about the importance of traffic safety.

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Trial begins for DH accused of assaulting male employer

 

Tregunter Path in Midlevels, where the assault allegedly happened

The trial of a Filipina domestic helper accused of assaulting her male employer began today at the Eastern Court, with her alleged victim unravelling his story under questioning by prosecution and defense lawyers.

Romalyn Marinay, 36, looked on as Shek Yuet-hey, a corporate lawyer, testified on the three counts of common assault that allegedly happened on Nov. 29, 2020, March 17, 2021 and July 21, 2021 when they lived together with his wife and another helper in a flat in Tregunter Path, Mid-Levels, Central. 

Shek has since moved out after he and his wife divorced following proceedings at the Family Court.

With the prosecutor showing CCTV clips and videos that he himself shot, Shek said that in the first incident which happened outside a room occupied by Marinay and the other helper, he was telling her to stay home on her day off because of the risk of catching Covid-19.

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He said that when Marinay got out of the room, she hit his left hand and then pushed him on the chest. He said he did not need medical treatment.

In the second incident, which he also caught on video, his right hand was caught between the room’s folding door and the door frame when the door was suddenly closed by Marinay, who then pushed on the door’s hinge to keep it closed. He said his right hand turned red and painful because of this.

In the third incident, he said his left hand was again caught while he was reaching into the room, when Marinay slammed the door shut. He said he was video recording with a mobile phone in his right hand to protect himself. He also said she slapped and kicked his hand.

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When it was the turn of defense lawyer Selwyn Yu, S.C., to question him, Shek’s narrative changed.

Yu made him agree to the fact that Marinay’s work contract was signed by his wife. “Legally speaking,” Yu asserted, “You were not her employer.” But Shek said he paid her salary, since his wife had no job.

Yu made Shek agree that in all three incidents, it was he who went to the maids’ room. “As a lawyer,” Yu told him, “you know there is something called privacy.”

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He noted that Shek “made deliberate attempts to enter … the room … to intimidate her, to provoke her.  Why?”

Yu provided the answer by showing several videos taken by Marinay showing Shek pounding on the door, and ranting about her siding with his wife in the divorce case that was ongoing at that time in the Family Court.

Marinay became a witness for his wife in the divorce proceedings. Yu added that by intimidating her, he was actually perverting the course of justice.

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“I disagree,” Shek answered after being reminded by Magistrate Minnie Wat that he had the right to refuse to answer a question that may incriminate himself.

On later questioning, Shek said he “may have” intimidated Marinay. When ased if his behavior was threatening, he answered, “Yes.”

By having Shek’s own video of the first incident run on slow motion, Yu showed that there was no contact between him and Marinay.

On the second incident, also playing Shek’s video on slow motion, Yu showed that the one who closed the door was not Marinay but the other helper, and that Shek extended his hand into the door just as it was closing.

In the third incident, using a longer CCTV footage than that presented by Shek, Yu showed that Shek had reached into the room while taking a video and tried to pull Marinay's legs while she was sitting on the top bunker of the bed inside.

Yu summed up by telling Shek: “You fabricated and exaggerated your evidence against a vulnerable maid.”

The hearing continues.

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Mentally ill Filipina found, another sent home

 

Kris, who was ordered arrested yesterday after failing to show up for her court hearing,
is receiving treatment at Kwai Chung Hospital

Family members of Kris Hope Vargas, who was found wandering around Tsim Sha Tsui late last month, apparently mentally ill, are relieved to find out that she has been located and taken to the Kwai Chung Psychiatric Hospital, where she is now receiving treatment.

Welfare officers at the Migrant Workers Office at the Consulate today said they have been made aware of Kris’ whereabouts, and will visit her.

The Filipina’s cousin who has been in touch with The SUN regarding the case, said they are hoping that Kris will be sent home after treatment, although they realize she still has a pending case for overstaying.

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But as of now, they are relieved that she is safe in hospital, and no longer wandering around.

They were first alerted about her condition on Nov.27 when they were sent a copy of a Facebook post calling for help for 32-year-old Kris, who appeared disheveled and was said to be walking aimlessly around Tsim Sha Tsui.

Separately, a concerned Filipina posted an appeal for help on behalf of another 32-year-old fellow domestic helper who claimed she was being held against her will in a public hospital.

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Mary Y., who arrived in Hong Kong only last year, also shared a photo of herself lying in a hospital bed, with her legs tied to each of the bed’s posts. She also posted a long tirade against someone supposedly dictating to her on her every move.

Her friend, Mitch, who shared the post on the Facebook page of Social Justice for Migrant Workers, said that it took five days before the administrators of the page published it. Last she heard, she said the Overseas Workers Welfare Administration had already extended help.

Mitch said she and some other friends did not see Mary for a month, and they were shocked when they saw her disturbing post, where she also said she was being prevented from using her phone and talking to other people.

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But when they expressed concern, she blocked them all from her account. Luckily, one of their mutual friends managed to take a screen shot of the post, so she was able to share it with others.

A check with social welfare officer Rem Marcelino revealed that Mary had indeed, suffered from a mental breakdown but recovered well enough to be sent home, with OWWA helping her until she reached her home in the Philippines.

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Mary is lucky, said Marcelino, because her employer was very kind and her family members in the Philippines are all supportive.

It was not clear, though, what prompted Mary’s breakdown.

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Search for ex-DH expanded after she missed court hearing

 

Vargas took a photo of her passport awhile back, after she overstayed her visa 

(Update) The search for a missing former domestic helper expanded today after she failed to show up for a scheduled hearing at Eastern Court where she is charged with overstaying.

Principal Magistrate Ivy Chui issued an arrest warrant for Kris Hope Vargas, 32 years old, thus harnessing the police in the search, after her own duty lawyer said she did not attend their meeting before the hearing.

Consulate officials said they have been in touch with Vargas' family, and will also be contacting the police for help in finding Vargas, who was last seen wandering near K11 Musea in Tsim Sha Tsui, holding a mobile phone and looking dazed and dishevelled.

Vargas’ family said they were shown the photo on Nov. 27, but it has since been taken down by the netizen who posted it along with an appeal for help, saying she she was concerned about the Filipina's mental well-being.

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Her family contacted the Overseas Workers Welfare Administration in the Philippines to seek help for her immediate repatriation but were told yesterday that they were still trying to get more information. The recruitment agency that placed her in Hong Kong said it had lost touch with her in 2019.

Vargas' latest photo showed her looking lost and dishevelled

Vargas was previously jailed for six months for money laundering and had been in and out of court since two years ago as she faced another charge of overstaying her visa.

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The charge said she should have remained in Hong Kong only until Mar 10, 2020, after her FDH visa was terminated.

She was arrested outside Chung King Mansions in Tsim Sha Tsui on Nov. 10, 2020 and charged with money laundering and overstaying. She was jailed on June 7, 2021 on the laundering charge but the prosecution asked for more time to look into her alleged breach of condition of stay.

Subsequently, she filed a non-refoulement claim, or against being sent back home, which allowed her to be freed on bail while her immigration case was being heard, along with the overstaying charge.

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But through several months of hearing at Eastern Court, Vargas jumped bail at least twice, prompting the magistrate to forfeit her bail, and order her arrest. This happened in November 2021 and again on Apr 26, 2022.

Anybody with information about her whereabouts and how she can be helped may contact the OWWA hotline, 6345 9324.

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