Pinay posing as DH gets 4 months’ jail

 

The case was heard at Shatin Court

A Filipina has just realized how serious an offense lying to an Immigration officer is in Hong Kong.

M. David, 32, was jailed for four months Thursday (April 17) after pleading guilty at Shatin Court to a charge of “making a false representation to an Immigration officer lawfully acting under or in the execution of Part III of the Immigration Ordinance.”

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The offense is punishable under section 42(1)(a) of the Immigration Ordinance.

She was brought to court as a result of lying to an Immigration officer on Oct. 2, 2023 when she was applying for an extensuon of stay, that she would work for a local resident as a domestic helper, “knowing the same to be false or not believing the same to be true.”

7 Pinoys arrested for illegal work appear in court

 

Immigration Department photo of those arrested 

Seven Filipino men who were arrested for working illegally in a cargo company in Kwai Chung last March 4, have appeared at Shatin Court, charged with violating the Immigation Ordinance and the Immigration Regulations.

Of the seven, only Rodrigo Sarabia, 60 years old, was charged with breach of condition of stay because he was allowed to stay in Hong Kong to work as a domestic helper at the address specified in the employment contract he used to get his visa.

In a hearing on March 19, Sarabia was allowed by Magistrate David Chum to post bail of $1,000.

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Earlier reports said six  of the suspected illegal workers arrested in the raid were asylum seekers or non-refoulement claimants holding recognizance papers which prohibit them from taking up work. The seventh is a male FDH while the eighth was a female overstayer.

Two of the asylum seekers arrested were Junipher Sambalod, 41 years old, and Marcelino Guisinga, 44. Both were also allowed to post bail but at $10,000 cash plus surety of another $10,000.

Both are facing a charge of “taking employment while being a person in respect of whom a removal order is in force” in violation of section 38AA(1)(b) and 38AA(2) of the Immigration Ordinance.

The four others, who are facing similar charges – Julie JR Arcega, 43, Aris Pareja, 51, Christian Mendane, 34, and Joel Lorente, 46 – were returned to jail to await their next court date on April 22.

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Arcega is one of four Filipinos and a Bangladeshi who were cleared by the District Court last March 19 of acting indecently towads a child, but was not freed because he was detained at that time for this case.

Last March 5, the Immigration Department announced it has arrested nine persons in an anti-illegal work operation conducted by its agents in Kwai Chung last Mar 4, eight of whom were Filipinos. The ninth is a 51-year-old male Hong Kong resident who is suspected of employing them.

The statement said the eight suspects were caught while performing transporting and wrapping duties in a unit of the industrial building. They comprised seven men and one woman, aged 34 to 60. 

The woman, who was reportedly an overstayer,  was not among those who appeared in court to face charges. 

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Immigration warned that illegal work is a serious offence that merits a jail sentence.

Those who are convicted of the offence while on tourist or domestic helper’s visa could be jailed for up to two years and fined $50,000.

Recognizance paper holders or overstayers face a maximum of three years in prison and a fine of $50,000.

Those found to have employed illegal workers could be jailed for up to 10 years and fined a maximum of $500,000.

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5 acquitted of indecency towards child after alleged victim changes story

 

District Court

Four Filipinos and a Bangladeshi were acquitted today of “indecent conduct towards a child under the age of 16 years” and common assault, on the third day of their trial scheduled for two weeks at District Court.

Judge Clement Lee told the five -- Benjur Macaraig, 46; Julie JR Arcega, 32; Gina Villanueva, 51; Jimwoel Macaraig, 53 years old; and MD Moazzim-hossain, 42 -- that they had no case to answer after the alleged victim, identified only as X, told the court through a video link that her earlier accusations were a result of a bad dream.

X, now 13 years old and was 10 when she claimed to have been attacked inside their hut on Kung Om Road in Yuen Long on Jan. 3, 2023, was responding to cross examination by a defense lawyer when she admitted that her accusations were from a bad dream.

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She repeated her statement when asked by the lawyer to do so.

All the five as well as X’s parents, are holders of a recognizance form that identifies them as non-refoulement claimants seeking to stop the Hong Kong government from sending them to their home countries.

Only three of the five were set free after Judge Lee’s ruling, as two of them were detained by other courts for unrelated and pending charges of breach of conditions of stay filed by the Immigration Department.

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As non-refoulement claimants, it is illegal for them to accept employment, whether paid or unpaid.

One of them, Arcega, was arrested while working illegally in a door-to-door company’s warehouse, The other, Villanueva, was under detention on an Immigration case.

The trial began last Monday with the prosecutor presenting a videotaped police interview of X describing how the five, who were neighbors of X’s family, entered their house through a broken front door, enter the bedroom where she was home alone, undressed and touched her body.

On the third day, however, she changed her story. 

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Nine persons arrested in anti-illegal work operations

 

Immigration officers lead some of the suspects away

Four consecutive days of raids on various premises have resulted in the arrest of nine people for suspected illegal work.

A statement issued by the Immigration Department on Friday said the operation was carried out from Mar 10 to 13, and targeted 28 target locations, including massage parlors, premises under repair, and restaurants.

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Arrested during the raids were eight suspected illegal workers and one employer.

Six men and two women, aged 21 4o 43, were found to have worked without a valid visa while a man aged 48 was suspected of employing them.

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Immigration reiterated a warning that illegal work is a serious crime, for which the maximum fine is $50,000 and imprisonment for up three years.

In addition, under section 20 (1) (a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant and thereafter, prohibit such immigrant from entering or being in Hong Kong at any time after, if he/she has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years.

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Employers could get jailed for up to 10 years and fined a maximum of $50,000.

8 Filipinos arrested for allegedly working illegally in moving company

 

Those arrested included asylum seekers, a FDH and an overstayer 

In a rare move, the Immigration Department announced that eight of nine persons arrested in an anti-illegal work operation conducted by its agents in Kwai Chung yesterday, Mar 4., were Filipinos. The ninth is a local who is believed to have hired them.

Usually, Immigration does not indicate the nationalities of the people they arrest in their anti illegal work operations.

The statement said the eight suspects were caught while performing transporting and wrapping duties in a unit of the industrial building. They comprised seven men and one woman, aged 34 to 60.

Basahin ang detalye!

Among them, six men were holders of recognizance forms, or asylum seekers, who are prohibited from taking up any employment.

One man was employed as a foreign domestic helper while the other was an overstaying former FDH.

Arrested with them was a 51-year-old male Hong Kong resident who is suspected of employing them.

The statement said the investigation is ongoing, and more persons involved in the operation may be arrested. 

The recognizance paper held by 6 of those arrested

Immigration warned that illegal work is a serious offence that merits a jail sentence. 

Those who commit the offence while on tourist or domestic helper’s visa could be jailed for up to two years and fined $50,000.

Recognizance paper holders or overstayers face a maximum of three years in prison and a fine of $50,000.

Those found to have employed illegal workers could be jailed for up to 10 years and fined a maximum of $500,000.

 

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HK-bound Filipinos recruited for scam hub stopped at NAIA

 

Alert Philippine immigration officers noticed the victims' questionable documents

Five Filipinos bound for Hong Kong but whose ultimate destination was a scam hub in Cambodia were intercepted at Ninoy Aquino International Airport in Manila last February 15 by alert Immigration officers.

This was revealed on Feb 19 by Bureau of Immigration Commissioner Joel Anthony Viado as 12 victims of human trafficking and illegal recruitment operations in Myanmar safely arrived at NAIA through the joint efforts of Philippine officials in Bangkok, Thailand.

In a statement, Viado said the five Filipinos intercepted at NAIA – four males and one female - individually presented themselves as tourists bound for Hong Kong aboard a Cebu Pacific flight.

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They initially claimed to be working in popular restaurants or businesses in the Philippines, and entered the immigration area separately, and pretended not to know each other. However, officers noted their suspicious documents and referred them for secondary inspection.

On further questioning the five admitted that on arrival in Hong Kong, they were to transfer to a flight to Cambodia, where they will be employed by a business process outsourcing (BPO) company. 

Officers told them they would likely end up being held hostage by syndicates running online gambling or other illegal activities in the country. 

PINDUTIN DITO

Viado warned the public against scam hubs that recruit Filipinos for supposed call center jobs in various Asian countries through social media platforms, particularly Facebook.

The syndicates behind these operations entice job seekers with attractive salary offers and other benefits. But once they reach their destinations they are coerced into taking part in online fraud schemes, including cryptocurrency scams, under exploitative and abusive conditions.

“We urge Filipinos to thoroughly verify overseas job offers, especially those that promise unusually high salaries,” Viado emphasized. 

“Many of these so-called customer service roles are actually covers for large-scale scam networks that take advantage of unsuspecting workers.”

The 12 scam hub victims were met at NAIA by DMW staff

This was what happened exactly to the 12 Filipinos who returned to the Philippines after being victimized by the scam syndicates. 

They were recruited through Facebook by a Filipino who offered them jobs as customer sales representatives in Myanmar.  But once they got there, they were physically abused, beaten with PVC sticks, and subjected to electric shocks. 

When they asked to leave, their employer demanded US$15,000 in compensation. As they had no money to pay the victims fled the scam hub and were helped by the Myanmar military.

Reports later said they were among 250 people held at the Myanmar scam center and released at the Thai border last week.

Basahin ang detalye!

The Filipinos were put on board a Cebu Pacific flight to Manila through the joint efforts of the Philippine Embassy, Office of the Police Attache and Migrant Workers Office in Bangkok.

They are now receiving help from the Department of Migrant Workers.

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24 people arrested in crackdown on illegal food couriers

Immigration officers show off the papers they seized from the alleged illegal operation

An operation that lasted more than a month has enabled Immigration Department officers to arrest 24 people suspected of being behind the hiring of illegal workers for food delivery service across Hong Kong.

The operation started on Jan 2 until yesterday, Feb 18, when Immigration officers disclosed details of the operation at a news conference.

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Those arrested comprised 14 suspected illegal workers, all but one recognizance paper holders, or those resisting deportation and are prohibited from taking up any work. They are all non-Chinese males, aged 21 to 54.

Arrested along with them were 10 Hong Kong residents, eight men and two women, aged 17 to 41. They are suspected of engaging in a conspiracy to defraud delivery platforms by selling or renting their food delivery courier accounts to the illegal workers.

Some of those arrested during the operation are led away by operatives

Immigration warned that anyone who violates a condition of stay imposed on him or her while in Hong Kong commits an offence.

A person subject to a removal or deportation order, an overstayer or illegal immigrant faces a maximum prison term of three years and a fine of $50,000.

Basahin ang detalye!

Aiders and abettors such as the residents arrested in this crackdown are also liable to prosecution and penalties.

Employers of illegal workers face the more serious penalty of up to 10 years in jail and $500,000 in fines.

 

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8 persons arrested in new anti-illegal work raids

 

These 2 women were among those arrested in the anti-illegal work raids

Eight persons have been arrested as the Immigration Department resumed its anti-illegal work operations after the Lunar New Year.

Those arrested in four consecutive days of raids from Feb 3 to 6 comprised six suspected illegal workers, one employer and one aider and abettor.

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Targeted in the operations were 42 locations, including commercial and residentialpremises and retail shops.

The suspected illegal workers comprised two men and four women, aged 26 to 58. One man, aged 61, was suspected of employing the illegal worker while a woman aged 65 was charged with aiding and abetting a person in breaching the condition of stay.

PINDUTIN DITO

Any person who takes up a job, whether paid or unpaid, without permission from the Immigration Department, is liable for breaching the condition of stay, and could be sentenced to a maximum fine of $50,000 and up to two years in prison.

These include visitors not allowed to take up employment in the city, as well as aiders and abettors.'

Basahin ang detalye!

Illegal workers who are subject to a removal or deportation order, overstayers or those refused permission to land are subject to a maximum fine of $50,000 and up to three years' imprisonment.

Employers of illegal workers are subject to the more serious penalty of a maximum fine of $500,000 and up to 10 years in prison. An immediate custodial sentence is also prescribed in line with a High Court ruling.

According to the sentencing guidelines, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment.

Apart from inspecting a prospective employee's identity card or a valid travel document, the employer should make reasonable enquiries concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings.

Immigration warns employers not to employ illegal workers as it remains resolute in combating such offences.

Immigration reports 24% rise in removal of unsubstantiated asylum seekers

 

Some of those removed since the new policy took effect in 2022

The Immigration Department has informed the Legislative Council that it removed 2,219 unsubstantiated non-refoulement claimants from Hong Kong in 2024. This represents a 24% increase compared with that in 2023.

The “unsubstantiated non-refoulement claimant” term refers to non-Chinese people who were unable to present credible evidence to support their application against being sent back, or refouled, to their home countries.  

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According to the Immigration report, this is in line with the updated removal policy that took effect on Dec. 7, 2022. Under this policy, Immigration may generally proceed with the removal of an unsubstantiated claimant whose judicial review case has been dismissed by the Court of First Instance.

Since the implementation of the policy, a total of 4,070 failed asylum seekers have been removed from Hong Kong, said Immigration.

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At the same time, it has speeded up the screening of non-refoulement claims, with over 2,700 such claims being determined last year. However, over 95% of the claimants rejected by Immigration have appealed against the decisions.

As of the end of 2024, there were about 750 such appeals pending decision.

A new system rolled out by Hong Kong on Sept 3 last year is expected to lessen the number of non-refoulement claimants entering Hong Kong.

PINDUTIN DITO

Under the Advance Passenger Information (API) System, airlines are required to transmit advance information to Immigration about flights and passengers heading to Hong Kong when checking in travellers. The system then gives the airline staff directions on whether to allow or disallow specific travellers to board the Hong Kong-bound aircraft.

However, the new mechanism is being rolled out in phases, given that there more than 100 airlines that need to be connected to the system.

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A transitional period of 12 months is provided for the new system, which means it will be fully implemented  on Sept 1 this year.

 

6 would-be OFWs stopped from leaving PH via Palawan

Palawan Airport, where the victims were monitored after traveling from NAIA (PortCalls photo)

Six Filipinos who were promised jobs in Thailand were rescued on Jan 22 as they were attempting to leave the country illegally via Bancalaan Island in Balabac, Palawan via a small boat.

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The victims told government operatives they were recruited via Telegram and offered jobs in Thailand. They said they merely followed the instructions of their recruiter to meet up in Palawan, where their recruiter promised that a boat will be waiting for them.

They were monitored as they travelled from the Ninoy Aquino International Airport to Puerto Princesa in Palawan. From there they travelled by boat to Bancalaan Island where they were stopped in coordination with Balabac Municipal Police and barangay officials.

PINDUTIN DITO

Their rescue was disclosed four days ago by Bureau of Immigration Commissioner Joel Anthony Viado, who said it was mounted by inter-agency law enforcers after they received information of a possible attempt by trafficking victims to leave the country via illegal means.

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Viado said the BI’s immigration protection and border enforcement section immediately coordinated the information to the inter-agency council against trafficking (IACAT), who then relayed the information to operatives on the ground.

After being intercepted at Bancalaan island, the victims were brought back to Puerto Princesa City for further investigation by the NBI.

Basahin ang detalye!

Viado lauded the swift action and cooperation of all agencies involved under the IACAT, and vowed to continue proactive efforts to stop the trafficking of Filipinos.

The public is urged to report trafficking attempts to the IACAT’s 1343 Actionline.

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Illegal pre-lunar new year renovation works lead to 29 arrests

All save one of the illegal workers arrested were from the Mainland

A total of 29 people, mostly suspected illegal workers, were arrested in an Immigration Department operation that targeted renovation works in the run-up to the Lunar New Year.

The arrested persons included 26 suspected illegal workers comprising 26 men, aged 20 to 57.

Two men and one woman, aged 44 to 56, were also arrested on suspicion of employing the workers in renovation works at two newly built public housing estates.

Click to view

At a news briefing held on Tuesday, an Immigration officer said the illegal workers comprised 25 who entered Hong Kong claiming to be mainland tourists, and one who had come from Indonesia. The employers were all local people.

Immigration said the campaign was launched last week in anticipation of a rash in renovation works at private homes in keeping with Lunar New Year tradition.

Immigration Deputy Commander Siu Ka-fai said that many people prefer to hire illegal workers for renovation and cleaning services to save on costs.

Basahin ang detalye!

But he said that while the cost was an important consideration, it is equally important to ensure that the hired workers can be legally employed.

Siu also warned that those who employ people who are not lawfully employable face even more severe penalties for violating the law.

Apart from the arrests, Immigration officers also distributed leaflets and deployed a promotional vehicle warning of severe consequences for those who employ illegal workers.

Under Hong Kong laws, all visitors in Hong Kong are not allowed to take up any job, whether paid or unpaid. Those found flouting this law face a maximum penalty of two years’ imprisonment and a fine of up to $50,000.

The maximum prison term goes up to three years if the illegal worker is also an overstayer, an asylum seeker or an illegal immigrant.

Employers of illegal workers face a more severe penalty of up to ten years in prison and a maximum fine of $500,000. In addition, an immediate custodial sentence is imposed on such employers in line with sentencing guidelines laid down by the High Court.