17-year-old Filipino boy drowns off Peng Chau

 

Peng Chau island, where the boy drowned (Facebook photo)

A 17-year-old Filipino youth reportedly drowned in the sea near Cha Tsai Bridge in Peng Chau Friday evening.

According to the police, emergency services were alerted at 7:26pm after a caller reported that his friend had disappeared after falling into the water between Sea Crest Villa on Peng Lei Road and Tai Lei Island Pier. The boy could not swim.

PINDUTIN ITO PARA SA DETALYE

Later reports said the youngster who lived on the island, stood on the railings of the bridge by the pier and attempted to walk but lost his balance and fell into the water.

A family friend who expressed sorrow at the tragedy said the boy called “Gabriel” was “masayahin” (jolly) and was not undergoing any problem when the accident happened.

Basahin ang detalye!

Marine police and fire crews rushed to the scene and searched for about two hours before the victim’s body was found floating about 20 meters from the pier.

He was unconscious but still had a pulse, so he was airlifted by a Government Flying Service helicopter to Pamela Youde Nethersole Eastern Hospital for treatment. Despite attempts to resuscitate him, the boy was declared dead at 9:43pm.

An investigation into the case is ongoing. The Philippine Consulate said they had not been informed yet about the tragedy.

Indo helper held for alleged theft of $180k jewelry

 

Yeung Uk Road in Tsuen Wan (Wikimedia Commons file)

A 30-year-old Indonesian domestic helper was arrested Friday on suspicion of stealing various pieces of jewelry from her employer in Tsuen Wan worth an estimated HK$180,000.

Police were called by the 29-year-old employer who suspected that her domestic helper had taken a number of gold pieces from her home on Yeung Uk Roa

PINDUTIN ITO PARA SA DETALYE

Said to be missing were a gold necklace, The missing jewelry included a gold necklace, a gold bracelet, a ring and five pairs of traditional dragon-and-phoenix bangles.

After a preliminary investigation, the police arrested the helper for suspected theft.

Basahin ang detalye!

Latest reports said the helper was still being investigated by officers at the Tsuen Wan Police Station.

 

36 persons arrested in new anti-illegal work operations

 

One of those arrested was working in a restaurant

Despite the weekly raids, many illegal workers appear to persist working in such hotspots as restaurants, flats under renovation and warehouses across Hong Kong.

In the latest operation carried out by the Immigration and Labour Department, together with Hong Kong Police from June 18 to 25, 36 people were again arrested on suspicion of either working as illegal workers or acting as their employers.

A statement issued by Immigration said those arrested comprised 21 suspected illegal workers, eight employers and seven overstayers.

PINDUTIN ITO PARA SA DETALYE

The suspected illegal workers comprised 12 men and nine women, aged 25 to 54. They included four men holding recognizance forms which allow them to stay in Hong Kong while their applications opposing their return home are still being considered. However, they are not allowed to work.

Six men and two women, aged 30 to 77, were suspected of employing the workers, and were also arrested.

The seven arrested overstayers were all women, aged 33 to 58.

One of the 12 men arrested is taken away for questioning

Immigration said an investigation of the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

The statement reiterated the warning that illegal work is a serious offence in Hong Kong, for which imprisonment is prescribed by the court.

Basahin ang detalye!

Everyone found working in Hong Kong without the consent of the Immigration Director can be jailed for up to two and three years, and fined HK$50,000.

The higher maximum penalty is prescribed for those who commit other offences, such as overstaying their visa, coming in as illegal immigrants or are on recognizance.

Employers face a maximum jail term of 10 years and $500,000 fine. All employers are mandated by law to exercise due diligence in hiring workers, including not just checking their HKID cards or passports but making sure they are allowed by law to take up work.

To report suspected illegal employment activities, 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.

 

EOC seeks HK$250k compensation from ex-employer of dead FDH

 

Baby Jane in tears at her Labour Tribunal hearing in 2019

Hong Kong’s District Court today (Tuesday) heard a HK$250,000 claim for alleged unlawful dismissal of Baby Jane Allas, a Filipina domestic helper who was fired by her employer in 2019 after being diagnosed with cervical cancer, and later died.

The claim is being pursued on behalf of Baby Jane’s heirs by the Equal Opportunities Commission (EOC) against the late domestic worker’s Pakistani employer, Jamil Bushra, who did not attend the hearing.

The EOC’s claim for compensation for alleged damages for loss of income, emotional distress and medical expenses is based on the Disability Discrimination Ordinance which prohibits an employer from firing an employee on the grounds of their disability.

Basahin ang detalye!

Deputy District Judge Ebony Ling reserved judgment until about three months later.

Baby Jane died aged 40 in her hometown of Palawan in 2021, two years after being diagnosed with cancer and undergoing chemotherapy and other treatments in Hong Kong with the help of private donors.

Her sister Mary Ann A. Pereira, as administrator of Baby Jane’s estate, acts on behalf of Mary Jane’s heirs, including her five children.

Mary Ann told the court that Baby Jane was diagnosed with stage 3 cervical cancer in February 2019 and received a termination letter from Bushra days later, citing her illness as reason.

Reports from that time said a letter dated Feb. 17 was served to Baby Jane by her employer in which it was stated that her contract was being terminated effective Feb. 19 because of her illness. Baby Jane was given sick leave by her doctor from Feb. 16-18.

Mary Ann said that because of the dismissal her sister became deeply distressed, lost her appetite and had difficulty breathing.

While on visitor visa, Baby Jane filed a labor claim against her employer for more than HK$46,000 for unpaid wages, return air ticket and a month’s salary in lieu of notice.

She later agreed to settle it for HK$30,000 before the Labour Tribunal but rejected an offer by her employer’s representative to drop all her claims, including the one prosecuted by the EOC, for HK$40,000.

Mary Ann told the District Court that the employer failed to pay the HK$30,000 settlement ordered by the Labour Tribunal.

Baby Jane returned to Palawan on Sept. 12, 2019, and with help from about HK$800,000 raised from online crowdsourcing by Mary Ann’s employer Jessica Cutrera, she operated a grocery store in her hometown of Narra, Palawan

She passed away on Mar 27, 2021 due to kidney failure.

Murder complaints filed against 15-year-old suspect in Leyte school shootings

 

3 students died and 20 others injured in the shooting at this high school in Tacloban

Philippine Police have formally filed murder, frustrated murder and physical injuries complaints against a 15-year-old male suspect who allegedly conspired with a 14-year-old fellow student to randomly shoot people at San Jose National High School in Tacloban, Leyte at about 9:30am on Monday, June 22.

The shootings left three students dead and injured 20 others, with three in serious condition. Police are still trying to determine what prompted the two to open fire, about an hour after the school had its flag ceremony.

The filing of complaints was made after social workers determined that the 15-year-old suspect acted with discernment.

Basahin ang detalye!

Under the Philippines’ RA 9344 or the Juvenile Justice and Welfare Act, it is mandatory for the Social Welfare and Development Office to first determine if a minor suspect aged between 15 and 18 years old had acted with discernment before any criminal complaint could be filed.

The same law provides that the younger suspect who reportedly fired more shots, could not be held criminally liable.

A police spokesman said that the 15-year-old suspect was charged with three counts of murder, three counts of frustrated murder and multiple counts of serious physical injuries as a result of the mass shooting.

But he clarified that even if the young suspect technically called “child in conflict with the law” is eventually convicted, a suspended sentence will be imposed. During this period, the child will be committed to a rehabilitation facility where he will undergo intervention and diversion programs under the supervision of social workers.

This rehabilitation will continue until he reaches the age of 21, when social workers will assess whether the intervention has been successful. If he is deemed fully reformed and rehabilitated he will be freed; if not he will be ordered to serve the remaining period of his sentence.

The police said that the 14-year-old on the other hand, will be referred to social workers for intervention and rehabilitation but could not be held criminally liable for what he did as lack of discernment is automatically presumed. This intervention will continue only for as long as the child is deemed to need it.

The possibility of filing criminal complaints against the parents of the two minors is also being considered on the ground that they neglected to provide proper guidance to their children. Civil liability is however, almost certain to be filed against them by the families of the victims.

The tragedy has renewed debates on whether the age threshold for exempting minors should be lowered especially when heinous crimes are committed. Senator Robin Padilla urged that it be lowered to 10 years old, which is way below the age most countries provide exemption for.

Earlier reports said one of guns used in the shooting belonged to a police officer who is an aunt of one of the minors, while the other was licensed to a security agency where the grandfather of the other minor worked.

Relatives of the victims are calling for the owners of the firearms to be also held accountable for alleged negligence which resulted in the two boys gaining access to them.

Authorities, meanwhile, have issued a temporary ban on the sandbox video game GoreBox, which the 14-year-old suspect had regularly played.

The app which was launched in 2023 and can be downloaded on PCs and Android devices, markets itself as “a physics-driven sandbox game where creativity meets unrestrained destruction.”

However, unlike other shooting games that uses very realistic graphics, Gorebox uses blocky animation, similar to Roblox and Minecraft.

$8k fine for possession of less than 1 gram of shabu

 

Eastern Magistrates' Court 

A Filipino who lives in Macau has learned an expensive lesson after emerging from a hearing at the Eastern Court today: he was fined $8,000 for having in his possession less than a gram of ice or shabu (methamphetamine hydrochloride).

K.N. Baniwas, 25 years old and holder of a Macau Identity Card, was accused in a police complaint of possession of a dangerous drug, contrary to sections 8(1) (a) and (2) of the Dangerous Drugs Ordinance.

Basahin ang detalye!

He was arrested by police on April 28 this year at Lee Garden Road, at the Junction of, Lan Fong Road, Hong Kong Island and was found to have in his possession a plastic bag containing 0.08 gram of a crystalline solid containing methamphetamine hydrochloride (a salt of methamphetamine).

Baniwas pleaded guilty before Principal Magistrate David Cheung, who handed down the sentence after considering the small amount of the drug in his possession.

Do not resign over unverified job offers, says MWO

 

OFWs lined up at the MWO counters (File photo)

The Philippine Migrant Workers Office has warned Filipino domestic workers not to resign when offered jobs in a third country that they cannot verify through official channels as this could lead to serious problems like loss of job, abuse, exploitation and trafficking.

The advisory issued Monday said third-country recruitment or the offer to move to another country for work is not only prohibited by the Philippine government, but is also dangerous.

“Unauthorized individuals, often posing as visa consultants, agents or coordinators, have been persuading workers to resign, break their contracts, and pay large sums for supposed processing or travel arrangements that do not lead to employment,” said the advisory.

Basahin ang detalye!

“Engaging in these schemes may result in:

·       Loss of current employment and breach of contract

·       Severe financial loss from fraudulent fees

·       Immigration violations including offloading, detention or deportation

·       Exposure to abuse, exploitation or trafficking

·       No legal protection, since the job did not pass through Department of Migrant Workers’ verification

·       Dealings with illegal recruiters are prohibited under Republic Act No 8042 and the 2023 DMW Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers”

If offered a job in another overseas destination, the worker must not readily give up their current jobs without first verifying whether the recruiter is licensed with the Phiippines’ Department of Migrant Workers (www.dmw.gov.ph), said the MWO.

Given Hong Kong’s two-week rule which restricts a worker’s stay in the city to only two weeks in case of termination, there would only be little chance for the worker to complete the documentation process even if the job offer was legitimate.

To avoid falling for illegal recruitment traps, workers are advised against transacting with unlicensed recruiters, visa agents or consultants and ensure that the job offer goes through proper documentation and verification by the DMW.

When offered with a suspicious job offer, the worker is advised to report immediately the MWO on the 29^th floor of United Centre Building in Admiralty, or call their hotline, 6345 9324.

“Maging matalino, huwag magpaloko” (Be wise and avoid scams), advised the MWO.

 

 

 

 

 

2 DHs jailed for stealing jewelry, cash

 

Illustrative photo created with deevid.ai

Two domestic helpers were jailed Tuesday after pleading guilty to theft of jewelry and cash from their respective employers.

Liezel Tan, 42 years old, was sentenced to 12 months in jail by Eastern Court Principal Magistrate David Cheung for stealing a number of high-end jewelry.

Juvy Poblete, 40 years old, got six months imprisonment from Principal Magistrate Don So Man-lung of West Kowloon court for stealing cash from her employer.

Basahin ang detalye!

They were convicted of violating section 9 of the Theft Ordinance. Both received a one-third discount on their sentences because of their guilty pleas.

Tan admitted stealing one yellow gold bangle (brand: Tiffany), one 18k bracelet (brand: FRED), one gold necklace (brand: Chaumet), one gold ring (brand: Chaumet), one yellow gold pendant (brand: Tiffany), and one 18K rose gold diamond ring (brand: BVLGARI), with a total value of HK$188,400.

She committed the offense between Jan. 1 and May 8 this year in the flat of her employer Lin Xinyue  at Larvotto on Ap Lei Chau Praya Road, Aberdeen.

Poblete, on the other hand, admitted stealing cash amounting to $160,150, owned by male Chan Pak-hong, between an unknown day in January and April 18 this year, at her employer’s flat in Caribbean Coast Cryseat Čove on Kin Tung Road, Tung Chung, Lantau.

OWWA chief explains 6-hour policy at OFW lounges

 

The HK OFW eats by the OFW lounge after being reportedly turned away
for showing up too early (Facebook screen grab)

The head of the Overseas Workers Welfare Administration says the policy allowing overseas Filipino workers to stay a maximum of six hours at the two OFW lounges at Ninoy Aquino International Airport is meant to ensure everyone gets a fair chance to enjoy the facilities.

Administrator Patricia Yvonne Caunan made the clarification after an OFW in Hong Kong using the name Ro De Lyn on Facebook said she and her sister were barred from entering the OFW Lounge at Terminal 3 on May 16 because they would be using the facility more than six hours before their scheduled departure.

Ro De Lyn said they decided to leave their province on the night of May 15 and arrived at the airport at 6am, nine hours before their scheduled flight to Hong Kong at 3pm.

Basahin ang detalye!

“Sabi ko sa kapatid ko, tara muna sa OFW lounge at nang makaupo man lang nang maayos at maki charge na din kasi low batt na phone ko…pero hinarang kami at tinanong kung anong oras (ang) flight namin. 3pm po, sagot ko naman, at sabi nila di daw kami pwede pumasok dahil may new rule daw sila na 6 hours before departure ang allowed lang pumasok,”she posted.

(I told my sister, let’s go the OFW lounge first so we can at least sit more comfortably and I can also get my phone charged as its battery was running low…but we were stopped and asked what time our flight was. I said 3pm, and and they said we would not be allowed in because of their new rule that only those leaving within six hours would be allowed to enter).

She said she asked if they could enter and leave after six hours, or once the check-in counters open, but they were refused even if there was hardly anyone inside at the time.

OWWA monitors the number of OFWs inside the lounge at any given time

Administrator Caunan said OWWA fully understands the predicament of OFWs, especially those who live in far-off provinces and need to be at the airport early. But, she said between 4,000 to 6,000 OFWs leave the country each day – far more than the 216 that could be accommodated at the OFW Lounge at Terminal 3, and 140 at Terminal 1, so rules need to be in place to ensure all OFWs get a fair chance to stay there.

Before the policy was first put in place last year, she said there were OFWs who would arrive more than 12 hours before their flights because they had to travel far, or had scheduling restrictions, or for other reasons. There were even those who would arrive one or two days before their flight schedule. Because of these, there were OFWs who needed to use the lounge only for a short period but could not do so because the rest area was full.

“Kaya ipinatutupad ang patakarang ito upang maging patas sa lahat at mas maraming OFW ang mabigyan ng pagkakataong makinabang sa limitadong espasyo ng ating mga lounge at upang matiyak na may lugar na mapagpapahingahan ang mga malapit nang bumiyahe,”said the administrator.

(This policy is being implemented to be fair to all, and so that more OFWs would be given the chance to enjoy the limited space in our lounges, and to ensure those about to leave could have a space to relax in).

“Gayunpaman, kapag may available na espasyo at may mga kababayan tayong nangangailangan ng tulong, sinisikap pa rin nating magbigay ng konsiderasyon hangga’t maaari batay sa sitwasyon.”

(Nevertheless, if space is available and we have compatriots who need help, we would strive to give them as much consideration as possible, given the situation existing at the time).

Despite the space limitations, almost two million OFWs have been accommodated at the lounges in just one year, she added.

OWWA ontinues to explore ways to enhance, expand and improve the facilities so many more OFWs enjoy them, said Caunan, adding that this coming Sunday, a new OFW Lounge will open at Mactan-Cebu International Airport.

Meanwhile, Ro De Lyn has been nonchalant in responding to bashers who have mostly accused her of complaining about a perfectly fair rule.

“Pinost ko lang naman po to base sa experience namin at para malaman din po ng mga kagaya naming na manggagaling pa sa probinsiya, at para sa di pa nakakaalam ng new rules sa OFW Lounge,”she said. “Love, love lang po.’”

(I just posted this based on our experience and also to inform those like us who live in the provinces, and also to share information about the new rules at the OFW Lounge. Let’s just love, love, love).

There were, however, others who empathized with her, especially those who also live in far-flung places and head to the airport early to make sure they don’t miss their flights, or risk being fired. 

They said it’s not easy traveling for hours, only to be turned away at the OFW lounges where they look forward to catching up on sleep and rest - because they got there too early.

 

DMW warns of serious penalty for anyone linked to scam hubs

 

DMW's latest advisory on scam hubs in Cambodia

The Department of Migrant Workers has warned that severe penalty awaits anyone who gets involved in online scams in Cambodia.

This may apply not just to the person who did the recruiting for workers in the scam hubs, but to the workers themselves.

The DMW said it has received reports from concerned agencies that the intensified crackdown on online scam syndicates operating in the country continues, and has resulted in the arrest and prosecution of many foreigners, including Filipinos.

PINDUTIN DITO

The Department warned that working in these scam hubs may lead to arrest and imprisonment in the foreign country, and subsequent deportation. The charges that may be laid against them include human trafficking, labor exploitation, forced criminality and other serious criminal offences.

All Filipinos are warned to steer clear of any job offers that (1)  promise a high salary but no clear job description; 2) include free air fare and hasty departure even without proper documentation; 3)  do not pass through licensed recruitment agencies and the DMW; or 4) requires one to allow use of his or her bank account or social media account, in convincing other people to provide their personal details or invest in a product.

The public is advised to follow all regulations imposed by the DMW and ensure that they comply with all legal and documented processing of their overseas employment.

Basahin ang detalye!

Those who leave the country without following the prescribed process or proper document or go through unlicensed recruiters face the prospect of being illegally recruited, trafficked, or other forms of abuse, said the DMW.

Anyone who gets involved in an online scam operation abroad is advised to seek help, by themselves or through relatives, from the nearest embassy or consulate of the Philippines, or the relevant authorities in their host country.

 

 

 

DMW warns, referral for overseas work by unlicensed agents is illegal

 

File photo of illegal recruitment victims seeking help from DMW

The Department of Migrant Workers has warned that “referral” by an unlicensed broker for someone to work abroad amounts to illegal recruitment.

“Ang pag-aalok, pagpo-post, o pag refer ng trabaho sa ibang bansa ay hindi simpleng pagtulong o personal na pabor lang. Sa ilalim ng batas, ito ay itinuturing na recruitment activity at kung ginagawa nang walang lisensya, ito ay maituturing na illegal recruitment,” said the DMW Anti-Illegal Recruitment and Trafficking in Persons Program.

(The offer, posting or referral for work abroad is not a simple act of helping or giving favor to another. Under Philippine law, this is considered a recruitment activity and if it is done without a license, it is considered illegal recruitment).

Basahin ang detalye!

The post said only licensed agents and recruiters are given the authority to recruit, advertise o process work permit for overseas work. This applies even if the one offering the job is a friend, relative or an acquaintance.

Simply put, if the offeror is unlicensed, the act is illegal recruitment.

This prohibition applies to language centers and visa consultancy firms, said the DMW in a separate post. These entities  are not licensed recruitment agencies so they cannot offer jobs abroad.

The warning follows two separate raids by top DMW officials in Cebu recently, on a language training center in Mandaue City, and a US visa consultancy office in Cebu City.

Both businesses were ordered closed following complaints by job applicants who told the DMW that they were not given the jobs promised them in Japan and the United States, after being asked to pay hefty processing fees.

High Court rejects mother’s appeal for illegitimate son’s asylum

 

The High Court, where the Court of First Instance holds sessions

The High Court refused to intervene in a non-refoulement case filed by a Filipino mother of a child she gave birth to out of wedlock in Hong Kong, who she claims faces death or cruel treatment by her husband if he is sent home to the Philippines.

J. Pascua, acting on behalf of K.Khan Pascua, had appealed the decision of the director of Immigration and then the Torture Claims Appeal Board/Non-refoulement Claims Petition Office which denied his asylum claim.

In a decision rendered on Thursday on order by Deputy High Court Judge K.W. Lung, Klein Tse of the Court of First Instance said the court’s role is supervisory, “meaning that it ensures that the Board complied with the public law requirements in coming to the Board’s Decision on the applicant’s appeal.” 

Basahin ang detalye!

“The Court will not usurp the fact-finding power vested in the Director and the Board,” it added. 

The applicant’s claim relies on the facts of the mother, who had lodged her own non-refoulement claim with the Immigration director, which was rejected on Feb. 18, 2018.

“The mother appealed to the Board, which dismissed her appeal.  She applied for leave to apply for judicial review of the Board’s decision dismissing her appeal.  By Order dated 14 December 2022, this Court dismissed her application.  She appealed.  By Judgment dated 5 May 2023, the Court of Appeal dismissed her appeal. She filed a Notice of Motion for leave to appeal to the Court of Final Appeal.  By Judgment dated 12 July 2023, the Court of Appeal dismissed her Notice of Motion,” the decision said.

In her child’s case, the Immigration director found, in his decision on Jan. 7, 2022, that his claims of being at risk of torture, death, inhuman treatment and persecution were unsubstantiated.

The applicant appealed to the board, which in turn conducted an oral hearing with his mother giving oral evidence for him.. “The duty lawyer scheme refused to provide legal representation for the applicant because it considered that there is no merit in the applicant’s application,” the decision noted.

Among the Board’s findings was that the applicant “will not be subjected to any real risk of harm from the mother’s husband or discrimination or unfair treatment upon his return to the Philippines with the mother,” the decision said.

Besides, “there are various government and non-government support and assistance available for the mother and the applicant,” it added.