Filipina tells court how she sought police help after alleged rape by employer

By Daisy CL Mandap 

Female employer Lai is fully covered in black as she leaves the High Court after the trial

A 34-year-old Filipina domestic worker told the High Court Friday how she sought help from the police the morning after her former male employer had raped her with help from his wife.

The Filipina who is shielded from the public while giving testimony in court, said she took the chance to go to the police station in Yuen Long after taking her eight-year-old ward to her school bus in the morning of Jan. 22, 2018.

“X” brought with her the clothes she had worn during the alleged rape, as well as a tissue paper which the female employer had used to wipe her husband’s semen.

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A medical check-up requested by police later showed the employer’s DNA was found in the helper’s body.

X said she didn’t dare leave her employers’ house after the assault the previous night or called the police to the house because she was scared of what the couple might to do to her.

But she did send a series of text messages to a friend she called “Ate Rose”, about how she was “used” (ginamit) by the couple and how they “debased” (binaboy) her. It was this friend who urged her to go to the police the next day.

The Filipina faced intense cross-examination by the defence counsel on day 5 of the trial of the couple she had served for only three months, from November 2017 to January 2018.

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Court of First Instance Judge Alex Lee is presiding over the trial before a seven-man jury.

Male employer Chan Chim-tak, 48, faces one count of rape and another of attempted rape, while his wife, Lai Chi-san, 36, is charged with aiding and abetting the rape, and of indecent assault.

The offences allegedly happened on the night of Jan. 21, 2018, at the couple’s home in Hung Fuk Estate, Hung Shui Kiu in Yuen Long.

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Both defendants pleaded not guilty to all the charges and are out on bail.

Barrister Priscilla Lam, acting for Chan, tried to challenge X’s credibility by asking why the helper used the word “ginamit” instead of “hinalay” which was the more precise word for “rape” in the message she sent to her friend.

The rape allegedly happened in the couple's flat in Hung Fuk Estate, Yuen Long

However, X said she had used the words interchangeably in her court testimony and in the statement she gave to police.

The defence lawyer showed X and the jurors a set of video clips taken on the morning of Jan 22 while the helper and her ward “Kiki” were leaving their residential block.

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Lam tried to suggest that X looked relaxed in the video, and did not even hold the child’s hand on the way out. X said she had kept the girl in sight and was in fact worried for her safety that she took her to the school bus first before going to the police station.

X was repeatedly asked why she did not scream while the alleged assault was taking place, or called the police immediately after.

She repeated that she had cried out for help from Lai but she and her husband just laughed at her.

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During the assault, X said Lai had stroked her breast, then helped her husband get an erection so he could penetrate the helper. The rape then happened with Lai lying on the bed beside X, also naked.

After the rape, Chan gave $150 to the helper and told her not to tell anyone. He also allegedly told X he was going to help her wash up, but she shut him out.

X then went to the room she shared with Kiki and sent a series of text messages to her friend Rose.

But before this, Lai sent her a message saying, “You don’t tell other people about things with gentleman” and X replied with “Ok, madam.”

Then Lai reminded X to wake up early the next day to take Kiki to school and she replied with a “thumbs up” emoticon.

When Lam asked X why she kept replying to Lai, the helper said that was when she realized she could use the opportunity to go to the police the next day after taking the child to her school bus.

Lam also asked X about a civil claim for damages that she filed on July 6, 2021 against her former employers, and suggested she was just after their money.

“You wanted to be paid damages,” said the lawyer, to which X said, “I disagree.”

Lam then went on to present the couple’s version of what happened on the night of Jan 21, 2018.

Chan’s story started with him teaching X how to cook pig intestines, then offering her a bite of the dish, to which the helper readily agreed.

Chan then went to the master bedroom and used Lai’s phone to send the message, “Do you like it, sir? I like you.” (X’s version was that Lai had sent her the message, “Do you like sir? Sir likes you.”)

X then allegedly entered the master bedroom and was given a $100 bill by Chan which she put on top of a drawer, then took off her clothes. Chan followed suit and they had sex.

At this time, Lai was said to be in bathroom taking a shower. She came out just in time to see X leaving the master bedroom, naked. Lai scolded both the helper and her husband after realizing what happened.

Chan said he added $50 to the $100 he had offered to X, then gave her all the money for her services.

At different parts of the narration X was asked if she agreed to what was said and she repeatedly answered with “disagree.”

X was told that her cross examination by Lam had ended but she could also be asked questions by Lai’s defense counsel when the trial resumes on Monday.

At today's trial hearing, Consul Paul Saret was in court along with two of his staff at the assistance to nationals section to lend support to X.

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9 persons picked up in latest anti-illegal work operations

By The SUN 

Among those arrested were 5 suspected illegal workers

Nine people were arrested over a three-day operation conducted by the Immigration Department to combat illegal work, a government statement said Friday.

The suspects in the latest anti-illegal worker campaign held on Aug 8, 9 and 11, comprise five suspected illegal workers, three employers and one illegal immigrant.

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Targeted during the operations codenamed Lightshadow and Twilight were 50 locations including food and beverage areas, a garage, industrial buildings, premises under renovation, recycling yards, restaurants, a vegetable stall and a warehouse.

Four suspected illegal workers and two suspected employers comprising one man and three women, aged 36 to 51, were arrested in these operations.

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One of the women held a recognisance form, which prohibits her from taking any employment. Two other women were suspected of using and being in possession of forged Hong Kong identity cards.

Furthermore, one man and one woman, aged 33 and 51, were suspected of employing the illegal workers.

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Separately, during an operation called "Champion", 116 target locations in Eastern District were raided, including garbage collection depots, residential buildings, restaurants and vegetable stalls. 

One suspected illegal worker, one employer and one illegal immigrant aged 39, 51 and 36, respectively, were arrested.

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The suspected illegal worker held a recognisance form and was arrested, along with his male employer. Their case is being handled by Immigration officers.

The statement reminded the public not to violate their visa conditions, or take up employment without the permission of the Director of Immigration. Violators will be subject to a maximum fine of $50,000 and up to two years’ imprisonment.

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Those who land jobs or set up or join any business while being an illegal immigrant also violate the law. Offenders  face a maximum fine of $50,000 and up to three years' imprisonment.

Possessing or using a forged Hong Kong ID card of one belonging to another person is also an offence. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment.

Meanwhile, those who employ people not allowed to work in Hong Kong face even more severe penalty. If convicted they could be fined up to $500,000 and jailed for up to 10 years. This applies to any director, manager, secretary or any officer of the company concerned.

In a long line of cases, courts have said that employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. This includes making enquiries about the job applicant and asking to inspect the person’s HK ID card or valid travel document.

Failure by employers to exercise due diligence could lead to prosecution and upon conviction, to a maximum fine of $150,000 and imprisonment for one year. Immediate custodial sentence is also prescribed.

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2 DH na kumuha ng bagong ID na iba ang pangalan, ligtas sa kulong

 

Labag sa batas ang kumuha ng labis sa isang HK ID card

Dalawang Pilipino na nakakuha ng mahigit sa isang Hong Kong Identification Card (HKIC) gamit ang ibang pangalan at pagkakakilanlan, ang pinatawan ng suspendidong parusa matapos umamin sa pagkakasala sa magkahiwalay na pagdinig sa Shatin Magistracy noong Aug 10.

Sina Arnolfo Solita at Maligaya San Juan, na parehong domestic helper, ay kinasuhan ng tig-dalawang paglabag sa batas. Una, ang pagsisinungaling sa isang Immigration officer dahil sa pagpapalit ng pangalan, na labag sa Immigration Ordinance; at pangalawa, ang pagkuha ng labis sa isang HK ID card.

Inatras ang unang akusasyon sa parehong nasasakdal nang umamin sila sa ikalawa, na mas magaang na pagkakasala.

Hindi malinaw ang dahilan kung bakit hindi na itinuloy ang pagsampa ng kasong pagsisinungaling laban sa kanila gayong pareho silang gumamit ng tig-dalawang pangalan.

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Dumating si Soleta sa Hong Kong bilang domestic helper noong July 1996 at nakakuha ng una nyang HKIC. Kumuha siya ng ikalawang ID sa parehong pangalan bago matapos ang taon nang mawala niya ang unang card.

Noong October 2007 ay kumuha naman sya ng bagong ID na gamit ang pangalang Ronald Abache, at iba ang araw ng kapanganakan.

Nahuli si Soleta sa ikaapat niyang pagkuha ng bagong HKID, dahil nawala na naman daw ang nasa pangalan ni Ronald Abache. Dito na napansin ng Immigration officer na iisa ang fingerprint na ginamit sa pinakahuling HKIC na hiniling niya, at sa nauna nang ibinigay sa kanya pero iba ang pangalan.

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Humingi ang abogado ni Soleta kay Deputy Magistrate Tsang Chung-yiu ng kaluwagan sa pagpaparusa dahil nagawa daw nito ang pagkakasala bunga ng kamangmangan. Pero hindi nito ipinaliwanag kung bakit nagawa ng Pilipino na  makapagpalit ng pangalan sa HKIC.

Ayon pa sa abogado, kumikita si Soleta ng $17,000 buwan-buwan at sinusuportahan ng kanyang asawa ay dalawang anak sa Pilipinas.

Sinimulan ni Magistrate Tsang ang parusa sa 4.5 na buwang pagkakakulong, na binawasan niya ng 1/3 dahil sa pag-amin ni Soleta, kaya naging tatlong buwan. At sinuspinde ni Tsang ang sentensiya nang dalawang taon, kaya hindi makukulong si Soleta kung hindi siya magkakasalang muli sa loob ng panahong ito.

Pero kung lumabag ulit siya sa batas, pagsisilbihan niya ang tatlong buwang kulong  at pagbabayarin pa siya ng multang $1,000.

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Si Maligaya San Juan naman ay dumating sa Hong Kong bilang dmestic helper noong November 2003 at nabigyan ng HKIC dahil dito. Pero naterminate siya kalaunan at umuwi sa Pilipinas.

Bumalik siya noong July 18, 2006 bilang DH ulit pero iba na ang pangalan, Johnlyn Soriano, at nakakuha siya ng bagong HKIC.

Dahil inobliga ng gobyerno na kumuha ng bagong ID ang lahat ng naninirahan sa Hong Kong, nakipila rin  si San Juan.

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Nahuli siya dahil ang fingerprint niya sa pagkuha ng bagong ID ay kagaya sa ID na naibigay na noon pang November 2003 sa ibang pangalan.

Sinisi ng kanyang abogado ang kamangmangan ni San Juan kaya niya nagawa ang kasalanan.

Humingi siya ng kaluwagan sa pagpaparusa, dahil malinis ang record ni San Juan sa Hong Kong. Katunayan, 12 taon na siyang nagtatrabaho bilang DH sa kasalukuyan niyang amo.

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Pinarusahan siya ni Magistrate Tsang ng tatlong buwang pagkakakulong, na binawasan ng 1/3 kaya naging dalawang buwan, at suspendido nang dalawang taon.

“Remember, do not commit any offense (Tandaan, huwag gagawa ng kahit anong kasalanan),” ang pabaong payo ni Tsang sa Pilipina.

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Filipino DH now charged with murder in death of girlfriend

By The SUN

 

The alleged murder happened in a boarding house on Stone Nullah Lane in Wan Chai

The police said today, Thursday that it has amended the charge filed against Filipino domestic worker Bernie Macatangay Valencia over the death of his girlfriend Ivy Quiabang on Dec 22, 2021 to murder.

Valencia, 42, was originally charged with wounding with intent after 37-year-old Quiabang was found collapsed on Dec 23 two years ago in their rented unit on 82 Stone Nullah Lane in Wan Chai.

Police who responded to a call for assistance at about 9:30pm that day found Quiabang unconscious and with face injuries. She was rushed to Ruttonjee Hospital unconscious.

She was later transferred to Pamela Youde Nethersole Eastern Hospital where she underwent an operation for brain hemorrhage but did not regain consciousness.

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Quiabang’s friends who reported the case to the Philippine Consulate said the couple had fought the night before, during which the accused had punched the woman, knocking her unconscious.

After an initial investigation, Valencia was arrested on the same night, and was taken to court charged with wounding with intent on Dec. 25.

Quiabang did not recover consciousness and was certified dead at 7:52am on Jan 2, 2022.

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The next day, Valencia appeared again in court, and prosecutors said that after Quiabang’s death the charge against the defendant would be amended to either manslaughter or murder.

The prosecution also said it would oppose any bail application by Valencia owing to the seriousness of the charge against him. 

His case was last set down for mention at Eastern Court last week, during which the prosecution asked for more time to look into the case. Valencia was remanded in jail.

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According to the police statement, the case will be mentioned at Eastern Magistracy again on Oct 18. District Crime Squad 1 of Wanchai Police is handling the case.

Records at the Overseas Workers Welfare Administration showed Quiabang was a single mother who was raising her two young kids with help from her family in Isabela.

She had worked for a single employer for eight years and was due to move to a new employer on Jan 3 had she not met an untimely death.

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Filipina challenged on claim her male employer had raped her with wife's help

By The SUN

 

The alleged rape will be heard for 10 days at the High Court 

A Filipina domestic helper was cross examined at the High Court on Thursday about her claim that her former male employer had raped her more than four years ago, after his wife had asked her to have sex with them in exhange for money.

The male employer, Chan Chim-tak, 48, faces one count of rape and another of attempted rape, while his wife, Lai Chi-san, 36, is charged with aiding and abetting the rape, and of indecent assault.

The offences allegedly happened on the night of Jan. 21, 2018, at the couple’s home in Hung Fuk Estate, Hung Shui Kiu in Yuen Long.

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The couple both pleaded not guilty to the offences. Chan claims the helper, who was 30 years old at the time and had been in their employ for just three months, had consented to the sexual acts that happened that night.

But in her court testimony, the helper said Chan had raped her after she refused Lai’s offer for her to sleep with them in exchange for money.

The helper, who is married and has two children back in the Philippines, told the court that on the night of the alleged offences, she had put the couple’s eight-year-old daughter and one-year-old son to sleep.

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As she put the baby in a crib inside the couple’s room, Lai, who was lying in bed naked with her husband, asked the helper to sleep with them, but the helper refused. She then went to her room which she shared with the couple’s daughter.

However, Lai sent her text messages, saying things like “sir likes you” and “you like sir?”

Afterwards, Lai went to the helper's room wrapped only in a towel and asked her to go their room, saying: "Come, come, sir wants you, pay money."

When the helper refused, Lai allegedly held her by the wrist and dragged her to their room. The witness tearfully said she had no choice but to follow Lai as she did not want to lose her job.

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As soon as she entered the room, Chan closed the door and tried to grab her. The helper said she resisted but Chan threw her on the bed.

All this time, Lai was lying on one side of the bed and when the helper turned to her for help, she merely said, “It’s ok, it’s ok.”

The helper said she shouted for help as Chan said “madam ok, madam ok”. The couple laughed at her while she pleaded for help.

Chan then pressed her down on the bed, kissed her on the lips and unhooked her bra before kissing her breasts, then took off all her clothes. He then performed oral sex on her before raping her.

Lai also allegedly gave her husband oral sex to help him get an erection so he could rape the helper.

The complainant said that after the assault, Chan told his wife to buy her contraceptive pills, then stuffed $150 worth of bills into her hand, telling her to keep her mouth shut.

But the helper complained to her employment agency about the assault, then went to the police early the next day to file a complaint. A subsequent medical examination showed Chan’s DNA was inside the helper’s body.

It also emerged during her cross examination that the helper had served a notice of termination of her contract 14 days before the incident, citing Lai's bad attitude towards her.

When questioned by the police, Chan admitted that he had sex with the helper but claimed it was just "a deal."

But during cross examination, barrister Priscilla Lam who is acting for Chan, questioned the helper’s credibility. The defense counsel showed text messages between Lai and the helper, which seemed to suggest that the latter’s work performance was unsatisfactory.

Lam said that around Dec 9 and 10, the helper had indicated she wanted to quit. "By that time, you had already harboured a feeling of dislike and even hatred towards this family."

The helper did not dispute this, saying that she had in fact served a one month’s notice to terminate her contract on Jan 8, 2018 because of Lai’s poor treatment of her and of her own children. 

The defense also tried to suggest to the helper that she had been lying about the alleged rape and that in fact she had consented to the sex acts, but she rejected the claim.

In particular, the helper was asked why she told the court that she was pushed by Chan to the bed before raping her, when in her police statement she said she was carried by the male employer to the bed when she tried to flee.

Lam also pointed out to her that she did not mention in her police statement Lai’s supposed “it’s ok” and Chan’s “madam, ok” assurances while she was being sexually assaulted.

The helper said the incidents happened a long time ago and she was asked to give her statement sometime around 1am or 2am, during which she was pressured to wind it up.

The trial before Mr Justice Alex Lee began on Monday and is expected to last for 10 days. It continues tomorrow.

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Rehab imbes na kulong para sa umaming nagnakaw ng sapatos

 

Isa ang Hei Ling Chau sa mga lugar na pwedeng pagdalhan sa Pilipinong adik.

Malaki ang dapat ipagpasalamat ng isang Pilipino na umaming nagnakaw, dahil imbes ipakulong siya ng isang magistrate ng Eastern Courts ay ipinasok siya sa drug rehabilitation upang matulungang makabalik sa normal na buhay.

Pinahaba rin sa siyam na buwan ang panahon para bayaran ni Salvador Bermejo, 28 taong gulang at walang trabaho, ang $3,300 na halaga ng gomang sapatos na ninakaw niya sa biktima sa isang flat sa Wanchai nitong Apr 1.

Sa unang pagdinig sa kaso noong Hunyo ay umamin si Bermejo sa pagnanakaw, at ipinagpaliban ni Magistrate Jason Wan ang pagbibigay ng parusa sa kasunod na pagdinig noong July 28, kasabay ng pagbabayad sa ninakaw niya.

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Pero hindi sya sumipot sa korte sa takdang oras, kaya ipinaaresto siya ni Magistrate Wan. Pinagawan din siya ng report mula sa probation officer at community worker.

Araw sana ng hatol ngayon (Aug. 11) upang bigyan siya ng parusa na ibabase sa report.

Ayon kay Wan, hindi niya intensyon na ipadala si Bermejo sa DATC (drug abuse treatment center), pero ayon sa report na natanggap niya, nadiskubreng si Bermejo ay lulong sa ipinagbabawal na gamot.

Halimbawa, nang kunan siya ng dugo habang nakakulong, may nakitang drogang methamphetamine sa kanyang sistema.

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“Ang ibig sabihin nito ay inaabuso mo pa rin ang droga kahit nasa korte na ang kaso mo,” ika ni Magistrate Wan.

Sumagot si Bermejo, a pamamagitan ng tagasalin, na ibig niyang ipaalam sa korte na hindi siya regular na gumamamit ng droga.

Pero sinabi ni Wan na naparusahan na siya sa dalawang kasong may kinalaman sa droga.

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Ang tagal ng ilalagi ni Bermejo sa DATC ay depende sa bilis ng kanyang pagbangon mula sa pagkalulong sa droga.

Sinabi ni Wan na baka umabot ito ng ilang buwan, at ito ang dahilan kaya binigyan siya ng dagdag na panahon upang humanap ng ibabayad sa kanyang biktima.

Pero sinabi ni Wan na kung mahihirapan siyang magbayad ay dapat siyang magsabi sa korte, dahil kung hindi pa niya nababayaran ang buong halaga sa deadline at wala siyang pasabi ay ipapaaresto siya.

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