Sisters spared jail for assault on fellow DH

 

The two sisters (in denims) and a supporter emerge from the court

Two sisters charged with assault and criminal damage for ganging up on a fellow domestic helper they accused of having an affair with their sister’s husband, have been spared jail after appearing Friday at Eastern Court.

Joana Marie Cuenca, 30 years old, got off with a bound-over, in which she need not pay a fine of $2,000 if she does not commit any offense within the next 18 months.

Her sister, Baby May Cabillon, 40 years old, was meted four weeks’ imprisonment, but suspended for 18 months, after she pleaded guilty to the two charges.

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While she need not be jailed if she does not reoffend in the next 18 months, she was fined $3,000 and made to pay compensation of $1,800 to their victim, Luna Villa Magbanua. “Payable by today,” Principal Magistrate Ivy Chui added.

Magistrate Chui gave the decision after telling Cabillon: “We must not underestimate the seriousness of the offense. You did it with another person.”

The two sisters were charged with assault occasioning actual bodily harm, punishable under the Offenses against the Person Ordinance, for ganging up on Magbanua on July 9, 2023 in Harcourt Garden in Queensway, Wanchai.

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Cabillon was also charged with criminal damage for damaging Magbanua’s necklace and hangbag in the same incident.

Their lawyer said the two sisters had been trying to talk to Magbanua about her supposed relationship with their brother-in-law, who also works in Hong Kong as a driver, but had been snubbed.

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So when they saw her at Harcourt Garden, they could not control their anger, he added.

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How kindness can get you trapped into crime

 

Fr. John Wotherspoon speaks to migrant workers about the dangers of being too trusting

Be  careful. Be very careful.

This was the advice community leaders were asked to emphasize to their members last Sunday, in a workshop organized to show how the tentacles of drug syndicates have clawed into the ranks of unsuspecting foreign domestic workers.

In this time of internet shopping, many have been jailed for receiving parcels that turned out to contain drugs. Some were caught running errands to help out friends, for which they got arrested as drug traffickers.

And if they do get arrested, the charges are difficult to shake off.

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And now, an even bigger threat has emerged for domestic workers: getting involved in money laundering.

“Just being kind these days is dangerous,“ lamented Fr. John Wotherspoon, CEO of Voice for Prisoners and prison chaplain at Correctional Services Department.

He related the case of a former domestic helper and now an asylum seeker, who used to go to a park in Yuen Long.

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“A local Chinese guy became friends with her. One day, the guy phoned her, saying a friend had just arrived in Hong Kong. He asked her to go to a hotel in Tsim Sha Tsui, to get something for him. Being a kind, trusting, simple Filipina, there's no question of payment and she went. She was just being kind and helpful,” Fr Wothespoon said.

“When she got to the hotel, there was an old American guy (who got arrested earlier for bringing in drugs). We got him out on bail as well. He was tricked to go to Sau Paulo in Brazil, and he thought he was bringing cheese to Hong Kong. They were both arrested,” he added.

Fr. Wotherspoon also showed a video of him interviewing a Filipina domestic helper who was arrested after accepting a parcel as a favor for a friend she met three months before.

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The friend had told her she was expecting a parcel of cosmetics from South Africa and could not receive it because she was leaving for the Philippines.

When the parcel arrived, the Filipina received it and signed the delivery receipt.

It turned out that the parcel had earlier been detected to contain 203.7 grams of shabu (also known as ice) and was brought to her by a Customs officer posing as a delivery man.

She was arrested and handcuffed, and other agents entered the house to search for drugs but found nothing.

For one month, while detained at Tai Lam Prison, she was not allowed to contact her family.

She was taken to a Magistrate’s court two months later, only for the case to be elevated to the High Court where, after a six-day trial, she was acquitted by a seven-member jury.

“Talking about being kind,” said Vivian Cheung, services program manager of Equal Justice Hong Kong, “we also have a lot of domestic helpers being arrested for money laundering and most of them started off being kind to lend their ATM cards to a friend in Central on a day off who tell them, ‘I need to open a bank account.’

“A lot of our clients are innocent and just wanted to be of help,” she said.

Raquel Amador, community education manager of the NGO Equal Justice Hong Kong, said in cases such as these, those under arrest should remain silent and insist on being allowed to call friends or relatives or even the Consulate for help.

Barrister Johnson Kwok, who had worked pro bono on several cases involving domestic helpers, said it is difficult to get bail for cases that involve receiving parcels “because it cannot be disputed that the parcel is in your possession at some point.”

“You need to wait for the trial before you can explain your side to the jury,” he said.

“For domestic helpers, it's very difficult to get bail in the face of a serious charge…. It's sad for us lawyers to see,“ he added.

The workshop was held at the ESG Innovation Lab in Central and presented by Equal Justice HK, Voice for Prisoners and PathFinders.

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More rain forecast for Sunday after amber rainstorm alert

Latest Observatory photo shows overcast skies over Victoria Harbour

A not-so happy news for those planning to visit outdoor areas or going on long trips today, Sunday – the Hong Kong Observatory says you should expect intermittent showers which could be particularly heavy at first.

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Temperatures will range between 25 and 29 degrees Celsius.

There could also be more of the squally thunderstorms that caused heavy rain and prompted the issuance of the amber rainstorm warning at 7:35 pm last night. This meant that heavy rain, exceeding 30 millimeters per hour, had fallen, or is expected to occur across the city.

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The rainfall is likely to persist over the next few days and could be heavy at times, leading to potential flooding in low-lying and poorly drained areas.

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Residents are advised to stay vigilant and be prepared for any abrupt change in weather conditions.

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Govt says HK people regard waste charging scheme a nuisance

 

It's bothersome to have to buy the designated trash bags, say people in survey

In a signal that the planned implementation of the waste charging scheme may not go ahead as scheduled, a government official today said most people think the plan is a nuisance.

Secretary for Environment and Ecology Tse Chin-wan said on a television program that about half of the people surveyed at an ongoing trial run in 14  locations this month said it was a bother having to pay for the rubbish bags that they must use in disposing of their waste.

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"A few residents reflected that it's good to do waste separation and reduction. But a majority of them thought it's causing nuisance to the public because they have to pay for rubbish bags," Tse said.

He added it remains to be seen if the planned implementation of the scheme on August 1 will go ahead as planned.

The trial run which began from this month covered 14 locations, including both public and private residential blocks, a government office block, shopping centers, care homes and restaurant.

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The government plans to gather feedback from the testing sites ahead of the mandatory implementation of the law on August 1.

Under the so-called Waste Charging Scheme, all rubbish generated by residential and non-residential premises, including commercial and industrial buildings, will incur charges based on the amount of waste disposed of.

This will be made possible by requiring all households and businesses to use designated bags or labels (for bigger pieces of trash) when disposing of their rubbish.

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But while the twice-delayed scheme faces a further delay, the first phase of the ban on plastic tableware will go ahead as scheduled on Monday. From this day, restaurants will be barred from selling and using styrofoam products and disposable plastic utensils, straws, plastic cups and boxes.

Tse said it takes time for people to get used to tableware made of different materials, including wood, which he said is actually more durable than plastic.

But he hinted the six-month grace period for the ban may be extended to allow restaurants and suppliers additional time to deplete their existing stocks of plastic products.

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14 people arrested in latest Immigration crackdown

 

One of those arrested is led away by Immigration agents

A total of 12 suspected illegal workers and two employers were arrested in the latest four-day operation conducted by the Immigration Department to crack down on illegal work.

The operations were carried out across Hong Kong from April 15 to April 18.

In a series of raids on 43 locations, including premises under renovation, restaurants and a wet market, five suspected illegal workers and one employer were arrested.

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The workers comprised four men and one woman, aged 32 to 70. The suspected employer is 41.

Four of the workers held recognizance papers which forbid them from taking up any job in Hong Kong. One of them, a woman, possessed a forged HK ID card.

The remaining eight suspects were arrested in a sweep of 80 target locations in Western District.

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The suspected illegal workers comprised two men and five women, aged 23 to 51. The employer is aged 56.

Among the arrested workers, one man held a recognizance form, the others held visas that also prohibited them from taking up any job in Hong Kong.

All visitors in Hong Kong are prohibited from taking up work, whether paid or unpaid, or engage in any business. Violators could be fined up to $50,000 and jailed for a maximum of two years.

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The maximum jail term rises to three years if the violator is subject of a removal order, or a deportation order, an overstayer or a person who was refused permission to land.

Using or possessing a forged HKID card or one that belongs to another person is a more serious offence, for which the maximum fine is $100,000 and the jail term is up to 10 years.

Employers of illegal workers face the harshest penalty of a fine of up to $500,000 along with a 10-year jail term.

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Art exhibit showcases domestic workers’s mental health

The art exhibit is ongoing at the basement of The Centre building in Central

An art exhibit entitled "Path to Well-Being," focusing on the theme Mental Health of Migrant Domestic Workers, is ongoing at the basement of The Centre building in Central, and can be accessed through its entrance along Des Voeux Road Central.

The exhibit showcases the winners of an art competition in visual art, photography and poetry, conducted by MDW Recharge Hub, a project of the Chinese University of Hong Kong.

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“We each have our own mental health journey as we overcome different challenges in life, and the MDW participants shared their story through art (visual art, poetry, photography),” a statement by the organizers said.

“We asked them, ‘What is your journey towards well-being like? What challenges affected your mental well-being and how did you overcome them? How do you continue to take care of your mental health?’”

"Diversity" by Rosalie D. Razon

The Visual Arts competition was won by “Diversity”, painted by Filipina Rosalie Dulay Razon, who has been working in Hong Kong since 2014. A member of Guhit Kulay, she is self-taught and uses painting as a therapy.

Second was “The Key” by Jonalyn Macalalad Molina and third was “It’s Okay to be Okay” by Maria Christina C. Anire.

"Comfort Zone" by Sucjati

Topping the photography competition was “Comfort Zone”, taken by Indonesia’s Sucjati, who has been working in Hong Kong for nine years and has been dabbling in photography since 2019.

Second placer was “Thriving and Living” by Marian Vinissa Zorilla and third was “My Way” by Tonette Rodriguez Albo.

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The poetry competition was won by Hannan Azka Tuminem for “Symphony of the Soul”.

Placing second was “Tower of Dreams” by Kristine Barbo and third was “Journey to a Healthy Living” by Jonnalyn R. Paredes.

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The exhibit is open until April 21 (open daily from 9am to 6pm) at The Center, 99 Queen's Road Central. 

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Filipino’s bail raised as 4 more cases brought against him

 

A Filipino permanent resident came to Eastern Court for a hearing on a summons for possession of more than one Hong Kong ID card. When he left the court, he was facing four more charges and his bail had been raised from $2,000 to $5,000.

Mariano Ang, 54 years old, was originally issued a summons after police found another person’s HKID in his possession in a flat on No. 4 Fortress Hill Road in North Point on Aug. 26, 2021. 

A local whose case was heard before Ang’s, pleaded guilty to a similar charge and was given a sentence of three months in jail, suspended for 24 months.

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However, when it was Ang’s turn to stand before Magistrate Stephanie Tsui yesterday (April 18), the prosecution unveiled an additional criminal case against him, consisting of one charge of money laundering and three counts of making a false representation to an Immigration officer.

According to the police complaint, Ang dealt with property known or believed to be proceeds of indictable offense, a violation of the Organized and Serious Crimes Ordinance.

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This referred to the $2,000 that entered his Alipay account on July 7, 2021.

The charge of false representation arose from his declaring to immigration officers on three occasions that he was born on Nov. 5, 1966, even if he knew it was not true.

The alleged misrepresentation happened on Aug. 6, 2013, Aug. 20, 2018 and Sept. 29, 2018.

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After the charges were read to Ang, Magistrate Tsui noted that his bail of $2,000 was no longer enough and raised it to $5,000.

She then adjourned the case to June 14.

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Court reserves verdict in $1.3M laundering case

Money seized by police from an unrelated scam and money laundering case

Is your ignorance about the transfer of illegal funds into your bank account a valid defense against money laundering?

This is the question that is raised yet again in the money laundering case brought against two Filipina domestic helpers who both denied knowing how their bank accounts were used to siphon off money from an elderly local who fell prey to a romance scam.

Leonida C. Manlunas, 40 and Nora Antonio Reymundo, 47, appeared at Eastern Court yesterday, expecting to hear Magistrate Jeffrey Sze hand down his verdict, but were told they would have to wait until May 14 to learn their fate.

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Both were again released on $5,000 bail each until the verdict.

Summing up, the defense team said both women gave their ATM cards to other people and by doing so, had lost control over their bank accounts.

He acknowledged that previous judgments on the same issue had not been favorable to the defendants, but reminded the court of the legal norm that an accused could be convicted only if the evidence shows them guilty beyond reasonable doubt.

“Maybe they were not smart, but that is the same reason why they should be found innocent of the charge brought against them,” said the lawyer, adding that the two did not have much education and exposure to commercial transactions, making them clueless about the sinister plan of those who took their ATMs.

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The lawyer also urged the magistrate to accept the evidence given by Manlunas’ employer, who supported the defendant’s claim that an aunt who took her ATM had disappeared after her arrest, leaving her heavily in debt.

Manlunas is accused of laundering a total of $387,000 which was laundered through an HSBC account in her name between Dec. 18, 2020 and Jan. 8, 2021.

Reymundo faces a count of dealing with a total of $903,000 in her HSBC account between Feb 10, 2021 and Mar 4, 2021, knowing or had reason to believe, that the funds were proceeds of an indictable offence.

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Both pleaded not guilty to the offence, and underwent trial from Mar 11 to 13 at Eastern Court.

Manlunas said in her defence that she opened the account at the behest of an aunt, Josephine, who said a friend needed it to transfer some money.

Manlunas admitted receiving text messages from HSBC each time a transaction was made using the account she opened, but said she did not understand what they were about. However, she did not call the bank’s hotline for clarification.

When she was arrested, a bank statement for the month of January 2021 was found by the police among her things in her employer’s flat. But when asked about this in court, Manlunas said she could not recall the incident.

She admitted receiving $1,600 from her aunt after opening the account, but insisted she did not know it would be used for criminal activities.

In Reymundo’s case, she said she opened her Hang Seng account after being repeatedly bugged by a younger cousin, Angelita Antonio, who said her friend’s boyfriend needed it to receive money from abroad.

This said friend, Ronilda or Dang Sumili, could not open the account herself as her employer was working with HSBC. Reymundo said she contacted “Dang” and was able to confirm this story.

After opening the account at HSBC’s branch in Central, Reymundo said she immediately handed the ATM to Dang’s boyfriend Chad who gave her $500, even when she was supposed to get $2,000 for doing the bidding.

From Feb. 17 to Mar 4, 2021, several bank transactions were made using the account, and Reymundo admitted receiving text messages from HSBC each time. She said she told Angelita about them, but her cousin advised her to just ignore them.

After her arrest on Jun 17, 2021, along with Angelita and Dang, Reymundo said she could no longer access her WhatsApp conversations with the two, as well as the brief exchange she had with Chad.

Both Angelita and Dang fled Hong Kong shortly afterwards, and are now on the city’s wanted list.

Money laundering is a serious offence in Hong Kong, for which the prescribed maximum penalty is 14 years in jail and fine of up to $5 million. However, the maximum sentence that a magistracy can normally impose is two years’ imprisonment and a fine of $100,000.\

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4 weeks’ jail for assault on fellow DH

 

Court did not accept defendant's offer of proof of her good character

A Filipina was jailed for four months today after she pleaded guilty to beating up a fellow domestic helper with whom she has had a feud that dates back to when they were both in the Philippines.  

Juliet Balacuit, 47 years old, presented a letter from her employer and a contract renewal as proof of her good character, while her lawyer said her victim, Rodelia Dangayo, was no longer keen to pursue the case as they sought to convince Eastern Court Principal Magistrate Ivy Chui to give her “a last chance”.

But Magistrate Chui was unmoved.

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“Your behavior was captured on CCTV,” she said. “You assaulted the victim with another person, making the case even more serious.”

Chui chose a starting point of six weeks’ imprisonment. With the one-third discount for Balacuit’s guilty plea, the final sentence was four weeks.

The incident happened on Nov. 5, 2023 in front of 21 Li Yuen Street West, known to Filipinos as Alley-Alley, when Balacuit saw Dangayo.

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A CCTV shown in court showed that Balacuit ran after Dangayo and grabbed her by the hair from behind; an unidentified woman then pushed the victim to the pavement.

Balacuit then straddled the prone Dangayo while punching her on the head and body.

She kept kicking Dangayo as some of her friends tried to pull her away. 

The victim was taken to hospital for treatment.

During an investigation, Balacuit denied assaulting Dangayo, who turned out to be a distant relative, until she was shown the CCTV footage.

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