Filipina charged with stealing $140k cash and jewelry

 

The alleged theft is said to have taken place in a flat in this pricey estate in YauTsimMong

A Filipina domestic helper appeared in Kowloon City Court yesterday, Friday, charged with stealing a total of about $140,000 cash and two pieces of gold jewelry whose value was not indicated, from her employer’s flat in Yau Ma Tei.

Janice J.M. Villanueva, 34, was remanded in jail after the hearing until her next court appearance on June 14.

According to the charge sheet, Villanueva stole HK$116,120 and RMB$20,000 in cash, as well as a gold bracelet and gold necklace from a flat in The Austin, Yau Ma Tei, on an unknown date between Dec 22, 2023 and Apr 16, 2024. The items all belonged to Gao Hai-yan.

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In a separate case heard earlier, another Filipina was charged with stealing a diamond ring and gold bracelet worth a total of $197,000 on March 15 this year from a house in Palm Springs, Lok Ma Chau, belonging to Lo Wai-yin.

Rachel T. Paner was remanded in custody pending further investigation, after attending Fan Ling court on May 13. She will again appear in court on July 8.

Under Hong Kong laws, the maximum penalty for theft is 10 years imprisonment.

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But according to Eastern Principal Magistrate Ivy Chui recently, the sentencing guidelines prescribe imprisonment of less than two years if the amount stolen is below $250,000. The sentence can be reduced depending on the amount involved, and whether there are mitigating circumstances, like if the defendant pleads guilty and has a clear record.

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Filipina accused of dropping safe from window

 

The Filipina faces the new charge at West Kowloon Courts

A Filipina who was originally accused in West Kowloon Court of criminal intimidation for allegedly threatening a man in Discovery Bay, had the charge against her changed to one of dropping an object from a building.

Annabelle Galang Chavanne, 39, was accused of dropping a safe from a window of a Discovery Bay flat when she appeared at West Kowloon Court yesterday (May 12), an act prohibited under Section 4B (1) the Summary Offences Ordinance.

The law provides that if “anything is dropped or allowed to fall from any building to the danger or injury of any person in or near a public place, the person who drops that thing or allows it to fall commits an offence and is liable to a fine at level 3 ($10,000) and imprisonment for 6 months.”

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A Lantau Police report stated that last Jan. 25, Chavanne dropped a safe from a 16^th floor flat in Cherish Court in Discovery Bay “to the danger or injury of any person outside the building”, which is a public place.

There was, however, no mention of anyone being hit by the safe.

The new charge takes the place of the withdrawn criminal intimidation case in which the defendant is accused of threatening to harm Cassius Crowther in the same Discovery Bay flat 19 days earlier, on Jan. 6.

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It was alleged that Chavanne threatened Crowther “with injury to his person, with intent to alarm him,” which violates Section 24 (a) (i) of the Crimes Ordinance.

Magistrate Pang Leung-ting adjourned the case to May 31 and ordered Chavanne released on $1,000 bail. 

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Have regular checks, keep healthy lifestyle to avoid hypertension

 

Hiking is one of the easiest ways to keep healthy in HK (Photo by Vir Lumicao)

The Department of Health has urged the public to maintain a healthy lifestyle and pay attention to their blood pressure level as it marked World Hypertension Day today, May 17.

Hypertension or high blood pressure, is a long-term medical condition that is diagnosed when the pressure in a person’s blood vessels exceeds 140/90 mmHg (diastolic and systolic levels). It is a common ailment but can lead to serious complications if not detected early.

If left uncontrolled or not properly treated, hypertension can lead to serious health problems including stroke, heart attack and kidney failure.

Some people with high blood pressure may not feel symptoms so the only way to find out if one has this condition is to get regular check-ups.

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According to the DH, the Population Health Survey (PHS) 2020-22 it conducted revealed that nearly 30 per cent of non-institutionalised persons aged 15 to 84 had hypertension in Hong Kong.

The prevalence increased with age from less than 5 per cent among persons aged 15 to 24 to over a half among persons aged 65 to 84.

Among those with hypertension, more than 40 per cent were not aware they had the condition until they had themselves examined.

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The DH said that keeping healthy is important to prevent hypertension. This means everyone should keep an optimal body weight and waist circumference, cut back on salt and have a balanced diet, and remain physically active.

People are also urged to refrain from drinking alcohol, to not smoke and avoid secondhand smoke.

One of the keys to preventing hypertension is to avoid salty food. The higher the salt intake, the higher the risk of hypertension, said the DH.

Despite a World Health Organization advisory that healthy adults should consume less than 5 grams of salt per day, the average person in Hong Kong between the age of 15 to 84 was found to consume  8.4 grams of salt each day.

Aside from limiting their salt intake, people are urged to use iodised salt instead of ordinary table salt so as to maintain adequate iodine nutrition.

Equally important is the need to exercise regularly. Adults must engage in at least 150 to 300 minutes of physical activities of moderate intensity (such as brisk walking) or 75 to 150 minutes of vigorous physical activities (such as jogging) every week to keep healthy and reduce blood pressure.

For early detection of hypertension, persons aged 45 and above are encouraged to undergo medical screening by their family doctors or at the District Health Centre (DHC)/DHC Express.

More information on hypertension is available on the DH's thematic page at www.chp.gov.hk/en/healthtopics/content/25/35390.html.

 

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Filipina held at HK airport for alleged money laundering says she’ll plead guilty

 

The 2 accused, one of them pregnant, were both arrested at HK Airport in January this year

A Filipina who was detained at the Hong Kong International Airport on Jan. 28 while she was seven months’ pregnant, and held on suspicion of money laundering, said in open court today that she will plead guilty to the charge.

Marcela N. Awingan, 38, who has been detained since her arrest, made her intention known when she appeared before Eastern Principal Magistrate Ivy Chui. 

However, the magistrate paid no heed to Awingan’s declaration, and adjourned the hearing of her case to Jun 14 for further legal advice.

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Awingan, who was assisted by an Ilocano interpreter, is accused of dealing with a total of $357,000 that passed through her Standard Chartered Bank account, through deposits and withdrawals, all on Apr 11, 2023.

She had initially offered to post bail of $1,000 but was rejected.

Also today, another Filipina arrested at the airport for alleged money laundering appeared before Magistrate Chui.

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Rochel C. Fuentes, 35 years old, did not say anything as the prosecution asked for the case against her adjourned, also to Jun 14, to complete their legal consultation with the Department of Justice.

Fuentes made no bail application, so the magistrate remanded her in jail until the next hearing of her case.

Fuentes is charged with dealing with proceeds of an indictable offence as a result of her Standard Chartered Bank account being used to funnel a total of $666,300 between April 4 and 6 in 2023.

Fuentes was arrested at HK Airport before she could board her flight to Manila on Jan. 26 this year.  She has been detained since.

The prosecutor said earlier that the two cases would be consolidated as the money involved was part of a bigger case of fraud. However, this was not pursued at today’s hearing, when the two cases were heard separately.

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First-time DH jailed 6 months for theft

The defendant had been jailed for 2 months when she appeared in court today

A 43-year-old Filipina who had been employed as a domestic helper for a year and a half was today sentenced to six months’ imprisonment for stealing 11 pieces of gold jewelry from her employer worth a total of $93,184.

Mirasol C. Baril, described by her lawyer as a college graduate and a former government employee in the Philippines, looked relaxed as she pleaded guilty to one count of theft before Principal Magistrate Ivy Chui at Eastern Court.

She admitted stealing 5 gold bracelets, 1 gold necklace, 1 gold pendant and 4 gold rings from her employer in her flat on Sham Wan Road in Wong Chuk Hang, between Nov. 19 to Dec 24, 2023.

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The thefts were discovered only on Mar 24 this year after the employer, Mrs Yeung, found pawnshop receipts inside the drawer used by Baril in her house. When she checked the receipts, she discovered that they matched her jewelry pieces that had gone missing.

The court was told that the employer lost all the jewelry worth $93,000 and Baril did not have money to pay her back.

According to the defense lawyer, Baril had planned to give back the jewelry that she stole to her employer, so she made interest payments on them for four months. However, she failed to redeem them on time.

TAWAG NA

The lawyer also said Baril was driven to steal because of financial difficulty. She is a single mother of two children, and is the sole breadwinner in her family, which includes her elderly parents. Her money problem worsened when her 73-year-old father had his gallstones removed sometime last year.

But in sentencing, Magistrate Chui only gave credit for Baril’s guilty plea and clear record. She reminded the defendant that she had breached the trust between her and her employer by stealing the valuable items.

“You have no money to pay back the jewelry, so your employer suffered financial loss amounting to $93,000,” said Chui.

Given the value of the stolen items, the magistrate used nine months’ imprisonment as a starting point in sentencing, and after giving 1/3 discount for the defendant’s guilty plea, imposed a sentence of six months.

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Filipino resident charged with lending his HKID card for illegal work

The defendant's HKID card was used by an asylum seeker to get a job

A Filipino resident appeared in Shatin Court on Tuesday, May 14, accused of lending his HK identity card to a Filipina who passed it on to her boyfriend, an asylum seeker, so he could take up illegal work.

In addition, the two are charged with dealing with proceeds from an indictable offense, or money laundering, after the bank accounts in the name of the accused Filipino, Ricardo R. De Austria, were used by the boyfriend of his co-accused, Leila W. Fonte, to receive payment for his illegal work.

No plea was taken at this time, and De Austria’s bail of $1,000 was extended until his next court appearance on Jun 12.

Earlier, Fonte, 56, pleaded guilty to the two charges, as well as six other offences, resulting in her being jailed for 36 months on Apr 29.

According to a statement issued by the Immigration Department on the same day, Fonte was also convicted of allowing her HKID card to be used by an overstayer to work illegally in a restaurant and to secure  a loan, and to make false representation to Immigration officers.

In the first charge brought against her and De Austria, Fonte is accused of conspiring with Mohammed K. Shah on a unknown day in July 2022, to use De Austria’s HKID so Shah could secure a job.

In the second charge, Fonte and De Austria are accused of dealing in the total sum of $414,791.33, held in De Austria’s bank accounts in Hang Seng Bank and CMB Wing Lung, knowing that the money were proceeds from a crime. The said offence was said to have taken place between Aug 6, 2020 and Sep 7, 2022.

TAWAG NA!

According to the Immigration statement, Shah and Mely Ibon, who used Fonte’s HKID card to work illegally as a dishwasher in a restaurant, were both sentenced to 15 months in jail. They pleaded guilty to using someone else's HKID card and conspiracy to commit money laundering.

In addition, Ibon was convicted of conspiring with Fonte to commit fraud  

During her sentencing, Fonte’s lawyer said the accused was a former domestic helper who married a local and got divorced years later. She worked as a cleaner, earning $14,000 a month while fighting stage 3 cervical cancer.

In 2016, she lent her HKID card to Ibon, who used it to secure a job in a restaurant between July 2018 and September 2021. Ibon was paid a total of $596,611.40 during this period, which went into Fonte’s HSBC account. Ibon paid Fonte $2,500 monthly for the favour.

Fonte then used the fake bank statements to support her application for a dependant visa for Shah, which was approved.

Apart from this, Fonte also made Ibon use her HKID card to secure a loan of $10,103 from United Asia Finance Limited between June and August 2018. The two were charged with conspiracy to defraud, which they both admitted in court.

Under Hong Kong laws, conspiring to use an identity card belonging to another person is punishable by a maximum fine of $100,000 and up to 10 years in jail.

Conspiring to launder money could fetch a jail term of up to 14 years and a maximum fine of $5 million.

 

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Immigration HQ, Kwun Tong HKID card replacement center to move to TKO

 

The new Immigration headquarters at 61 Po Yap Rd., Tseung Kwan O will open on Jun 11

The Hong Kong Immigration Department headquarters will start providing services at its new location in Tseung Kwan O on Jun 11, and along with this, the Registration of Persons Office in Kwun Tong will move its identity card services to the same place.

However, the Registration of Persons – Hong Kong Office in Wan Chai will continue to provide services at its current address.

Immigration officers disclosed the new arrangements at a news conference today, May 16.

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All immigration services currently provided at the Wan Chai headquarters, including the processing and extension of employment visas, applications for permanent residency and other changes in status, will be made at the TKO offices from Jun 11.

In addition, ID card replacement services provided at its temporary office in Kwun Tong will be moved to the TKO headquarters.

The officers said residents who have applied to replace their ID cards on or before Jun 8 at the temporary office in Kwun Tong can still collect their cards there. However, they will have to go to the TKO office if they are picking up after this date.

The new Registration of Persons Office in TKO will cater to applicants seeking first registration of ID cards, replacement of ID cards due to defacement or loss, and amendment of registered particulars on ID cards.

The TKO office will also handle the replacement of new smart ID cards during extended service hours.

The Kwun Tong ID card replacement centre will also move to TKO

According to immigration, its TKO operations will also include the processing of HKSAR passports, visa-related identity cards and return-home certificates. All residents may also start booking appointments from May 27 for their travel document needs.

To further improve service delivery, the Immigration Department will increase the number of self-service stations for applying and collecting documents from passport applicants. The number of stations on Hong Kong Island will rise from two to six, and in the new TKO headquarters, there will be ten stations. Additional staff will be deployed to assist those unfamiliar with the machines.

Similarly, Hong Kong passport holders who previously opted to collect their passports at the Wan Chai Travel Documents (Issue) Unit of the current headquarters can do so only until Jun 8.

Collections scheduled from June 11th onwards will have to be made at the TKO headquarters or the Central Government Offices in Harbour Building, depending on the issuance date of their notice.

The new Immigration headquarters will move to 61 Po Yap Road, Tseung Kwan O Hong Kong. To get there, take the MTR to TKO station, and take exit B1, or from Tiu Keng Leng statio, take Exit A2.

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Filipina DH, Italian employer charged over alleged illegal work

 

Shatin court was told that the employer was in hospital during Tuesday's hearing

A Filipina domestic helper appeared in Shatin Magistrates Court yesterday, charged with four counts of doing odd jobs at a food trading company, and was allegedly helped each time by her Italian employer.

The case against Juvy B. Sonido, 38 years old and Carlos A. Perez Nunez, 51, was postponed until June 11 after the court was told that the employer was in hospital. Both defendants' bail of $1,000 each was extended until the next hearing.

Sonido, whose employment contract with Nunez was approved by the Immigration Director on Aug 19, 2021, is alleged to have performed odd jobs at Sabatino Hong Kong Limited, which is described on its website as an importer, manufacturer and distributor of truffles.

TAWAG NA!

She is alleged to have worked at the said company four times starting on Oct 21, 2021, contrary to her visa condition which forbade her from taking up any employment without approval from the Director of Immigration.

Nunez, described in the HK IFBA's (Imported Food & Beverage Association) website as Sabatino HK's director, allegedly aided and abetted Sonido’s illegal work each time.

Sonido is charged with four counts of violating sec 41 of the Immigration Ordinance (Cap 115)  and Regulation 2 of the Immigration Regulations, which forbid anyone who is on employment visa in Hong Kong to take up jobs other than what is stipulated in their contract.

Nunez faces four counts of aiding and abetting illegal work, which is contrary to section 89 of the Criminal Procedure Ordinance (Cap 221) and section 41 of the Immigration Ordinance (Cap 115) and by virtue of Regulation 2 of the Immigration Regulations.Under section 41 of the Immigration Ordinance, anyone found to have worked, whether paid orunpaid, without approval from the Immigration Department, is liable to a maximum fine of $50,000 and imprisonment for two years.

On the other hand, sec 89 of the Criminal Procedure Ordinance provides that “any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like (same) offence.”

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Filipina accused of stealing cash, jewelry denied bail

 

Accused was denied bail at Eastern Court

A Filipina domestic helper accused of theft involving cash and 12 pieces of jewelry failed in her bid to apply for bail when she appeared at Eastern Magistracy yesterday, May 14.

Johna C. Jinon, 40 years old, was returned to jail after failing to convince Magistrate Ivy Chui to grant her bail. She is due to appear in court again on June 3.

TAWAG NA!

Jinon is charged with one count of theft which she allegedly committed between February 2022 and May 4, 2024, when she was arrested, at 12/F, Unique Villa in Happy Valley.

She is accused of stealing $16,510 in case, six bracelets, two necklaces, three rings and one watch, all belonging to Chong Hon-kay Hank.

The alleged offence is contrary to section 9 of the Theft Ordinance, and carries a maximum penalty of 10 years in jail.

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Child pornography charges against Filipina withdrawn

 

The charges that were dropped accused the Filipina of filming her female ward inside the toilet  

A 26-year-old Filipina domestic worker was released unconditionally at Kwun Tong court today after two charges of child pornography were withdrawn by the prosecution against her for insufficiency of evidence.

A hearing set down for May 16 was abandoned as a result.

But by then, Gina (not her real name) had already been in detention for nine days, having been arrested after the alleged second incident had taken place on May 5.

According to the allegations, Gina had taken videos of a naked girl using her smartphone during two separate incidents, inside the toilet of a flat in Sau Mau Ping. The first offence allegedly happened on Feb 23 this year, and the second, on May 5.

TAWAG NA!

The two incidents were supposed to be in violation of Section 3(1) of the Child Pornography Ordinance, Cap. 579 of the laws of Hong Kong.

But at today’s hearing before Magistrate Winnie Lau, the prosecutor applied to withdraw both charges against the Filipina, saying there was not enough evidence to pursue the case. No further details were mentioned.

The prosecutor also asked that the hearing earlier set for Thursday, May 16, be abandoned. Magistrate Lau agreed, and ordered Gina’s immediate release.

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7 people arrested for alleged illegal work at care homes

Imported workers may only work at care homes provided in their employment contract (File)

Four imported workers were arrested by Immigration agents yesterday, May 13, on suspicion of working at homes for the elderly which are not their contractual place of work. Three persons in charge of the institutions concerned were also arrested.

According to a statement from the Immigration Department, the territory-wide operation was launched after it received reports about several homes for the elderly where imported workers, mostly from the Mainland, were supposedly deployed in violation of their contracts.

The arrested imported workers comprised one man and three women, aged 32 to 52. They were held on suspicion of breaching their conditions of stay by performing duties at non-contractual homes for the elderly.

TAWAG NA!

The persons-in-charge of the homes where the said illegal work was carried out comprised three women, aged 42 to 65. They are being held on suspicion of aiding and abetting those who took up work in violation of their condition of stay in Hong Kong.

Immigration warned that imported workers admitted on an employment condition must remain under the direct employment of the same employer for the specified job and in the specific workplace(s) as stipulated in the Standard Employment Contract. They cannot be employed by other companies or subcontractors or change employer, post or place of work, unless provided in their contract.

Anyone who contravenes any of these conditions shall be guilty of an offence, and could be penalized with a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties.

Employers of illegal workers face the highest penalty of up to 10 years in jail and a maximum fine of $500,000. The High Court has decreed that the employer of an illegal worker should be given immediate custodial sentence.

The director, manager, secretary, partner, etc, of the company concerned may also be held criminally liable.

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DAB calls for curbs on loans to FDHs

DAB wants the govt to limit the amount of loans extended to FDHs (RTHK photo)

The Democratic Alliance for the Betterment of Hong Kong has called on the government to set a limit to the amount of money foreign domestic helpers are allowed to borrow from lending companies.

The call made earlier today was partly in reaction to the revised rules on the code of conduct for employment agencies which the government released last week.

Speaking at a press briefing, lawmaker Frankie Ngan said he and his fellow DAB members have received complaints from employers who were frustrated with having to deal with collectors chasing after helpers who failed to repay a loan before leaving Hong Kong.

TAWAG NA!

Ngan suggested the government require financial companies to come up with a credit database that will show at a glance whether a particular domestic helper already had outstanding loans. 

This was the same device drawn up voluntarily by financing companies several years back, for the purpose of cross-checking whether a particular helper asking to borrow money from them was still paying off an earlier loan. 

But judging from the number of FDWs who still got mired in debt because of over-borrowing from various financial institutions, the system did not seem to have worked.

The Consulate through then Consul General Antonio Morales also sought to enlist the help of Hong Kong legislators to back a similar plan, and also to call on the government to reduce the legal interest charged on loans, which was then at 60% per annum.

The second proposal was taken up by the Legislative Council eventually, and as of Dec 30, 2022, the statutory interest rate cap had been lowered from 60% to 48%, and the extortionate rate further reduced to 36% from 48%.

Meanwhile, Ngan also urged authorities to further explain the changes under the new code to agencies, employers and the workers.

"The DAB requests the government to do more promotion and education for the agencies, especially as it is a new regulation for them,” he said.

He added it would be difficult to implement the new rules unless everybody concerned had a deep understanding of what they entailed.

Among the controversial provisions of the revised code that took effect on May 9 was one that requires agencies to include in their service agreements with employers a breakdown of the services that they are providing, along with the corresponding fees.

This is to allow employers to demand a full or partial refund of the fees they paid in case the FDHs recruited for them by the agency self-terminates the contract, or is prematurely terminated.

While employers stand to benefit from this provision, agency representatives called it unfair, saying early termination of contracts could be due to several reasons, over which they do not have any control.

Migrant workers, on the other hand, fear that a rash of termination could ensue if employers are able to recover service fees, as these used to deter some of them from sacking their domestic helpers on a whim or at the slightest excuse. 

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