Pinay gets off lightly on overstaying, drug charges

 

Eastern Court (File footage)

A Filipina who has had a criminal case at Eastern Court that dates back to 2024, finally received her sentence today: imprisonment for 16 days suspended for 24 months for overstaying her visa, and five days imprisonment for drug possession, in case she could not pay the outstanding fine  of $500.

Principal Magistrate David Cheung Chi-wai handed down the sentences after Joan Aguli, 44 years old and unemployed, appeared before him today at Eastern Court.

Aguli had been charged by police with breach of condition of stay – overstaying contrary to Section 41 of the Immigration Ordinance, and possession of a dangerous drug contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance.

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She was charged with remaining in Hong Kong on June 27, 2024,  contravening a condition of stay in force imposed on her by an Immigration Assistant who permitted her to remain in Hong Kong as a domestic helper until September 6, 2022, for an overstay of almost two years.

In the other charge, she was accused of having in her possession a dangerous drug, namely one plastic bag containing 0.70 gram of a crystalline solid containing methamphetamine hydrochloride (otherwise known as ice or shabu).

The drugs were discovered shortly after her arrest, when she was being investigated at the Wan Chai Police Station on Arsenal Street in Wan Chai.

Çhef Boy Mangyan released after ‘interview’ with Immigration officers

 

ChefBoy posted this on his Facebook page shortly before being taken in for questioning

A Filipino domestic worker in Hong Kong famous for his blogs on his “rescue” work for his fellow migrants who are fired on the sport by their employers, was released late Sunday night after being detained by officers of the Immigration Department.

Julian B. Baculo, who is more popularly known as Chef Boy Mangyan to his 478,000 followers on Facebook, was accosted by Immigration officers at about noon, after he posted a blog and posed for pictures with followers outside the office of a travel agency in World-Wide Plaza in Central.

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SA DETALYE

He was then led away, along with the manager of the travel agency which Chef Boy had earlier endorsed in one of his blogs. The scene was witnessed by dozens of people in the mall known for being a favorite hangout of Filipinos in Hong Kong.

Just before midnight, the two were reportedly released after posting a police bail, which indicates that an investigation is continuing.

The incident happened amid Immigration’s stepped-up campaign against illegal work in Hong Kong. For foreign domestic workers, taking on any job outside of the employer’s house, whether paid or unpaid, can be classified as illegal work.

'Kuys" asked ChefBoy's followers to pray for him

One of his friends who was with him at the time said in an emotional post on Facebook that Chef Boy was taken to the Immigration headquarters in Tseung Kwan O, but denied reports that he was led away in handcuffs.

The friend who uses the handle “Kuys Thaw Fnd” said he was not allowed to accompany Chef Boy to the Immigration office, but before they parted ways, the Filipino driver and blogger reportedly told him not to get angry at whoever reported him to the authorities.

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“Huwag kang magalit sa mga nag re report and I’ll see you soon. Dalawin mo ako,” Chef Boy reportedly said, half in jest. (Do not get mad at those who report on me and I’ll see you soon. Pay me a visit).

Kuys then added, “We are trying our best na tulungan sya, Pakiusap ko din sa mga supporters nya,  pinaparating nya na maging matatag tayo. Pray lang tayo.” (We are trying our best to help him. I also want to ask his supporters – he wants this relayed to you – be strong. Let’s all pray together).

ChefBoy is often mobbed by his supporters on Sundays

Many of ChefBoy’s followers expressed shock as news of his detention spread, and said they were saddened by the report.

“Nakaka sad naman po. Kung sino pa yung mabait at nakakatulong sa kapwa OFW, lalo na sa mga nate-terminate sa kanya pa nangyari ng ganito. Grabe talaga mga taong may inggit gagawin talaga lahat mahila lang nila pababa si Idol ChefBoy Mangyan.”(It is sad that this happened to someone who is kind and has been helping his fellow OFWs, particularly those who get terminated. People who are driven by envy will do anything to pull down Idol ChefBoy Mangyan), said one in a comment that has been replicated by others many times over.

Celebrity host Korina Sanchez recently interviewed ChefBoy during a visit to HK

ChefBoy who started out blogging about food and cooking, said in a recent interview that he decided to switch to writing about the concerns of his fellow Filipino migrants about a year ago, after realizing that their problems are so huge that he needs to help, as the government cannot possibly respond to all of them.

From looking at blogging as a side hustle, he said he came to regard it as a way to reaching out to those who are in need, particularly those who are unceremoniously thrown out of their employers’ houses.

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ChefBoy’s popularity grew after that shift. It didn’t hurt that he is quite a looker, and is generally regarded as humble, kind, and always willing to lend a hand to his fellow migrants who are in need.

But this generosity of spirit might have also made him to unwittingly cross the fine line between blogging about products or services that he genuinely likes, and doing work that is prohibited under his conditions of stay.

 

 

34 people arrested in latest purge of illegal workers

 

A woman suspected of illegal work is led away from a cleaning company

A week-long anti-illegal work operation that ended on Thursday, June 11, resulted in a total of 34 people being arrested.

Held for questioning by Immigration Department were 27 suspected illegal workers and seven employers.

The workers comprised eight men and 19 women, aged 20 to 59. They were arrested during raids on multiple locations carried out by a combined force from Immigration, Labour Department and the HK Police. The targeted locations included restaurants, factories and cleaning companies.

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Two of the women held recognizance forms, which allow them to remain in Hong Kong while the authorities study their application against being sent back home, but do not entitle them to take up work, paid or unpaid.

Another woman was found in a possession of a forged Hong Kong identity card.

Five men and two women, aged 39 to 54, were suspected of having hired the illegal workers, and were likewise arrested. Immigration said in its statement that an investigation into their activities is ongoing, and did not rule out further arrests.

Basahin ang detalye!

Working illegally or without permission from the Immigration Director is a serious offence for which a custodial sentence is prescribed. The maximum prison sentence is two years, along with a fine of up to HK$50,000.

If the offender committed another crime, like overstaying or violating the terms of a non-refoulement claim, the prison sentence goes up to three years.

If someone working illegally is found in possession of a forged HK ID card or an ID card belonging to someone else, the additional sentence could be up to 10 years in prison and a maximum fine of HK$100,000.

Employers of illegal workers are liable to a maximum fine of HK$500,000 and imprisonment for up to 10 years

 

DHs targeted in latest Immigration crackdown on illegal work

 

One of the FDHs arrested during the territory-wide operations

A series of anti-illegal work operations that specifically targeted foreign domestic helpers who breached their conditions of stay resulted in the arrest of 17 persons from May 17 to 19 (yesterday).

Those arrested included nine suspected illegal workers and eight employers.

The suspected illegal workers comprised two who are currently employed as FDHs, three former FDHs who had overstayed their visas, three holders of non-recognizance documents (asylum seekers) and one imported worker.m  

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They were found working in food and beverage shops, groceries, hairdressers, and as cleaners.

The eight suspected employers, comprising two men and six women aged 26 to 76, were owners of the companies or restaurants involved, or were the contractual employers of the arrested FDHs.

Items seized during 'Operation Swordfish'

In a press briefing, Immigration officers said they found at least two FDHs moonlighting at businesses owned by their employers.

One worked one to two hours as a waitress and kitchen assistant during the busy times at a restaurant owned by her employer.

Another was found doing multi-tasking at a grocery store operated by her employer’s family, from opening the shop to working as bookkeeper and cashier.

Basahin ang detalye!

Separately, a Pakistani man was arrested for providing cheap haircuts and dye jobs to fellow countrymen in a salon in Wan Chai which he plastered with posters to escape detection.

Immigration says its investigation into the cases is continuing, and more arrests are possible.

In addition, it has released a new video reminding employers not to hire FDHs employed by other people, or arrange for them to engage in illegal work. The publicity video will be released on the official social media platforms of the Immigration Department.

Immigration officers give a press briefing on the arrests

Immigration said in a statement, “A helper should only perform domestic duties for the employer as listed in the 'Schedule of Accommodation and Domestic Duties' attached to the 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.”

Employers who hire illegal workers can be fined up to HK$500,000 and jailed a maximum of 10 years.

The illegal workers themselves can be imprisoned for up to two years and fined a maximum of HK$50,000.

If they are found to have overstayed or have pending applications for non-refoulement or are illegal immigrants, the maximum penalty is three years in jail and a HK$50,000 fine.

Apart from this, they can be deported on orders by the Chief Executive and prevented from returning to Hong Kong if they have been found guilty of an offence punishable by imprisonment for not less than two years.

 

2 overstayers among 23 persons arrested in anti-illegal work raids

 

One of the women arrested for suspected illegal work is led away for questioning

The latest week-long operations conducted by the Immigration Department and other government enforcers to flush out illegal workers has resulted in 23 people being arrested, including two who have overstayed their visas.

Those arrested in the territory-wide operations conducted from April 30 to May 7 also included 16 suspected illegal workers and five employers.

The suspected illegal workers comprised seven men and nine women, aged 21 to 63. They included a man holding a recognizance form meant to prevent him being deported, but does not allow him to take any employment; and a woman in possession of a forged Hong Kong identity card.

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Three men and two women, aged 37 to 66, were held on suspicion of employing the illegal workers. An investigation into the operation is continuing and further arrests are not being ruled out.

Those targeted in the raids were warehouses, massage parlors and premises under renovation.

7 men are among 16 suspected illegal workers arrested during the raids

Illegal work is a serious offence in Hong Kong, for which a custodial sentence is usually prescribed. The maximum penalty is up to two years in prison and fine of up to HK$50,000.

Overstaying or working while under recognizance are aggravating factors which raise the maximum jail term to three years.

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Holding a forged identity card is even more serious, as the prescribed penalty is imprisonment for up to 10 years and a maximum fine of HK$100,000.

Employers face the most severe penalty of up to 10 years in prison and a maximum fine of HK$500,000.

The other government agencies that took part in the raids were the Customs and Excise Department, Food and Environmental Hygiene Department, the Leisure and Cultural Services Department and the Hong Kong Police Force.

22 arrested in anti-illegal work sweep ahead of ‘Golden Week’

Tourists are advised not to hire illegal tour guides

Unlicensed tour escorts or travel agents were among those targeted in the latest anti-illegal work operations led by the Immigration Department.

Immigration agents have teamed up with staff from the Travel Industry Authority (TIA) to distribute leaflets at popular tourist attractions such as the West Kowloon Cultural District, Hong Kong Palace Museum, Clock Tower and Avenue of Stars in Tsim Sha Tsui and Wong Tai Sin Temple.

The message to locals and tourists alike was the same: “Don’t employ illegal tour escorts or tourist guides.”

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The initiative comes ahead of the “Golden Week” in the Mainland, when hundreds of thousands of Chinese tourists flock to Hong Kong during the long holiday.

The TIA said it will continue to work closely with law enforcement authorities throughout the holiday to ensure no illegal tour guide activities take place.

Items seized from suspected illegal workers

Meanwhile, the regular crackdown on illegal work continued at the same time, resulting in the arrest of 22 people in a six-day period, from Apr 24 to 29.

Of those arrested in raids on restaurants, retail stress and flats under renovation across multiple districts, 18 were suspected to be illegal workers and four were employers.

The arrested workers comprised 13 men and five women, aged 19 to 54. One of the women was found in possession of a forged HK identity card.

Two men and two women aged 39 to 54 were arrested on suspicion of hiring the illegal workers. An investigation into their operation is continuing.

Hong Kong laws strictly forbid illegal work by tourists or visitors, illegal immigrants, persons fighting deportation, or those contracted to work only for a particular employer and location.

Maximum penalties range from two to years in prison, and a fine of up to HK$50,000. Overstayers, illegal immigrants and asylum seekers face higher prison sentences.

Those found guilty of possessing a forged identity document can be jailed for up to 10 years and fined up to HK$100,000. 

Employers face more severe penalties: up to 10 years in jail and a maximum fine of HK$500,000.

Tour guide, photographer arrested in anti-illegal work operations

One of the suspected illegal workers is taken away for questioning

Immigration officers working undercover arrested a tour guide and photographer working illegally as part of anti-illegal work operations carried out from Apr 17 to 23. 

The sting came after the officers noted that social media platforms have recently been used to advertise tour guide and photography services in Hong Kong. After an extensive investigation and research, the two suspects, both aged 23, were identified. 

Officers disguised as customers set up the two, then arrested them while they were engaged in providing the illegal services. 

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The two were among 16 people arrested in in the territory-wide operations involving the HK Police and the Immigration, Labour and Customs departments. The suspects comprised 12 suspected illegal workers, two employers and two aiders and abettors. 

The premises that were targeted included restaurants, warehouses and flats under renovation, which are known black spots for illegal work.

The arrested workers comprised two men and eight women, aged 23 to 50. Among them, one man and one woman were holding recognisance forms which prohibit them from taking any employment. 

One man and one woman, aged 63 and 30, were suspected of employing the illegal workers and were also arrested. 

Two other men aged 48 and 53 were also detained on suspicion that they aided and abetted the illegal act.

Immigration said an investigation into the suspected employers is continuing, and further arrests could not be ruled out.

It also warned that anyone who contravenes a condition of stay in Hong Kong, like tourists taking up a job whether paid or unpaid, could be prosecuted and if found guilty, sentenced to a maximum jail term of two years, and up to $50,000 in fines. Aiders and abettors are also liable to prosecution and penalty.

Overstayers, asylum seekers and those refused permission to land can be jailed for up to three years if they are found to be working illegally.

In addition, they can be barred from re-entering Hong Kong on orders of the Chief Executive if the offence which they are charged with carries a sentence of not less than two years in jail.

Employers face a more severe penalty of up to 10 years in jail and a maximum fine of HK$500,000.

 

12 people arrested in raids targeting food couriers

Police display items seized during the raids

Eight suspected illegal workers and four aiders and abettors were arrested in the latest anti-illegal work operation by the Immigration Department.

Targeted in the raids carried out from Apr 13 to 22 were food delivery riders working illegally.

All the suspected illegal workers were non-ethnic Chinese males aged 22 to 51, and were found to hold recognizance forms, being non-refoulement claimants or are applying against deportation orders against them.

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The suspected aiders and abettors were three men and one woman who are all Hong Kong residents and aged 31 to 44. They are suspected of having conspired to defraud delivery platforms by selling or renting their food delivery courier accounts to the illegal workers.

Immigration warned that an illegal immigrant, or a person refused permission to land, is prohibited from taking taking any employment, whether paid or unpaid, or joining any business.

Offenders face being sentenced to a maximum of three years in jail and fined up to $50,000.

In addition, the Chief Executive may issue a deportation order against an immigrant-offender found guilty of committing an offence punishable with imprisonment for not less than two years, which will ban the offender from entering Hong Kong in future. 

Employers of illegal workers face a more serious sentence of up to 10 years in prison and fine of up to $500,000 to reflect the gravity of such an offence.

To report illegal employment activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

32 people arrested in illegal work raids

 

Suspected illegal workers are arrested and herded to an Immigration van

Three joint operations led by Immigration Department officers to flush out illegal workers have led to the arrest of 32 people across Hong Kong from April 10 to 16.

Of those arrested, 21 were suspected to be working illegally while the 11 others stood as their employers.

The suspected illegal workers comprised nine men and 12 women, aged 32 to 63. Two of the women possessed apparently forged Hong Kong identity cards.

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Those arrested for employing them were seven men and four women aged 30 to 58. Immigration said an investigation into the suspected employers is ongoing, and further arrests could not be ruled out.

Targeted in the latest raids were multiple premises including warehouses, retail stores and commercial buildings.

Immigration reiterated that illegal work is a serious crime in Hong Kong, which carries the maximum penalty of two years in jail and $50,000 in fine. If the arrested worker is an overstayer or is on recognizance or intends to seek asylum the jail term is up to three years.

Those who use forged identity documents can be jailed for up to 10 years and fined a maximum of $100,000.

Employers are advised to ensure the people they are hiring are legally employable. Those found to have failed to exercise due diligence in ensuring the employability of their workers or have deliberately hired illegal workers can be fined up to $500,000 and jailed for up to 10 years.

Mere failure to properly inspect the jobseeker’s travel document in the absence of a Hong Kong identity card could lead to prosecution and on conviction, to a fine up to $150,000 and imprisonment for up to a year.

To report suspected illegal work activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

 

 

Make-up artist among 5 arrested in anti-illegal work operations

 

A suspected illegal worker is taken away for questioning

After cracking down on foreign domestic helpers providing massage and manicure services, Immigration officers are now on the lookout for foreigners offering make-up services.

A Mainland woman who offered her make-up services through online advertisements was among five people arrested in the latest week-long operation mounted by the Immigration Department to counter illegal work.

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Officers disguised as customers contacted the 27-year-old makeup artist to book her services, then arrested her during a sting operation.

Four other suspected illegal workers and one suspected aider and abettor were arrested in the citywide operations that targeted restaurants, retail stores, flats under renovation and other places, from March 20 to 26.

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The suspected illegal workers comprised one man and two women, aged 35 to 37. The man was reportedly found with a forged HK identity card.

Another man aged 31 was also arrested on suspicion of abetting the illegal employment.

Illegal work is a serious offence in Hong Kong, for which the maximum sentence that may be imposed is two years in jail and a fine of HK$50,000. Visitors and workers under foreign domestic helper visas fall under this category.

If the worker committed other violations, like overstaying a visa or holding a non-refoulement document that prohibits employment in Hong Kong, the maximum jail term is three years in jail.

Aiders and abettors are similarly punished under Hong Kong laws.

Those found in possession of fake identity documents face the more severe penalty of imprisonment for up to 10 years.

 

Concern raised about FDHs’ ‘abuse’ of non-refoulement scheme

 

All those repatriated were former DHs who overstayed, with some committing crimes

Hong Kong Immigration has expressed concern about what it called as the “abuse” of the non-refoulement claim mechanism by foreign domestic helpers as it announced Friday the repatriation of 18 unsubstantiated non-refoulement claimants.

Immigration said in the statement that all those repatriated between March 18 to 20 were former FDHs who had overstayed their visas. Among them were former prisoners who had served their sentences after committing criminal offences.

“The ImmD is very concerned about the abuse of the non-refoulement claim mechanism and is aware that a number of claimants were former foreign domestic helpers before,” said the statement.

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“The ImmD has been co-operating with the relevant consulates-general in Hong Kong and will continue such co-operation to step up publicity and education for newly arriving foreign domestic helpers to help them understand that they should not abuse the non-refoulement claim mechanism.”

To forestall their return to their home countries after overstaying, the FDHs filed claims for non-refoulement or against being sent back home, saying they faced torture or persecution if they returned.

Once non-refoulement applications are lodged with the Immigration Director, repatriation cannot be carried out until a final decision is reached. If denied, the applicant could appeal, first with the Torture Claims Adjudication Board, then to the courts, a process that could take years.

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In the meantime, applicants are provided by the government with food and accommodation subsidies but are not allowed to take up work. A big number end up working illegally or resorting to crime during this period.

To prevent an abuse of the process, Immigration updated its removal policy starting from Dec 7, 2022 which allowed it to generally proceed with the removal of a claimant whose judicial review has been dismissed by the Court of First Instance, despite the availability of appeal.

In its statement, Immigratio said it will continue to explore solutions to speed up the repatriation of unsubstantiated non-refoulement claimants and coordinate with relevant authorities to “optimise repatriation routes and the operation process.”

Those being consulted on further speeding up repatriation are the major source countries of non-refoulement claimants, airline companies and other government departments.

 

3 Pinays charged with illegal work bound over

 

Entrance to Mirador Mansion (Google Maps photo)

Three Filipina domestic helpers who were arrested during the Immigration Department’s anti-illegal worker operations, got off lightly at Shatin Court today when they agreed to a bind-over in return for prosecution withdrawing the charges.

J. Luya, 33 years old, N. Celades, 34, and S. Mercurio, 39, were each charged with breach of condition of stay, contrary to section 41 of the Immigration Ordinance and by virtue of Regulation 2 of the Immigration Regulations.

Acting Principal Magistrate Cheang Kei-hong cautioned them that they have to avoid committing a new offense for 18 months, or they will be fined $2,000 in addition to being given the penalty for the new offense.

He also charged them $500 each as court costs, to be taken from their bail money.

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The three were arrested last Feb. 3 for allegedy doing odd jobs at the 5^th floor of Mirador Mansion in Tsim Sha Tsui.

Under the Immigration Ordinance , domestic helpers doing work not in their employers’ homes are committing an offense punishable with a fine of $50,000 and imprsonment for two years.

The three were arrested in the joint operation between Immigration and Home Affairs and Labour Departments in multiple locations, including targeted guesthouses in Yau Tsim Mong District.

Seven persons were arrested including six suspected illegal workers and one suspected employer.

The three domestic helpers were allegedly found performing room cleaning duties in the guesthouses.

The remaining three illegal workers were illegal odd job workers including two men holding recognisance forms which prohibit them from taking any employment in Hong Kong and an overstayed former foreign domestic helper.

A woman aged 75 was suspected of employing illegal workers and was the person-in-charge of the guesthouses.