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Employer cleared, DH gets suspended sentence on illegal work

Posted on 05 February 2018 No comments
A Hong Kong employer has been acquitted by the Shatin Court of conspiracy to breach immigration rules while her Filipina helper has been given a three-month jail sentence suspended for three years.

The two cases had been tried separately in Shatin, but the court had delayed the sentencing of Cecelia Guevarra until Feb 5 pending the outcome of the employer’s trial.

Cecelia Guevarra was found guilty
The employer, May Lui, was cleared of two counts of “conspiracy to breach of condition of stay” filed against her by prosecutors from the Immigration Department.

Lui hugged relatives and broke into tears after Magistrate Winnie Lau exonerated her because the prosecutors were not able to prove her guilt beyond reasonable doubt.

Guevarra, Lui’s domestic helper for eight years, pleaded guilty in June 7 to two counts of “breach of condition of stay” and “making false representation to an immigration officer lawfully acting …in the execution of Part III of the Immigration Ordinance”.

She faced two more charges of breach of condition of stay and another of making a false statement but these were withdrawn later by the prosecution.

The prosecution cited as basis for the two conspiracy charges the latest two work contracts that Lui and the Filipina had signed, which stated the maid was to work in her employers’ house at all times.

Guevarra was arrested on May 8, 2016 while she was inside her employer’s office in Central. The case dragged on for several months as the Immigration officers also filed a complaint against her employer and wooed the Filipina to testify against Lui.

In her reason for verdict, Magistrate Lau said that defendant Lui elected not to give evidence and, so, it was the prosecution’s responsibility to justify its case and prove she was guilty of the charges beyond reasonable doubt.
 
Employer May Lui walks free from the same case.
The prosecution presented Guevarra and a local woman who was a former office staff of Lui as its witnesses.

Lau said Guevarra testified she worked in Lui’s Central office for one and a half hours three times a week between June 2015 and Dec 2015. She said she had spent 30% to 40% of her time working in the office during that period.

The helper also admitted she owed Lui $20,000 and had not yet repaid it.                              

The magistrate said Guevarra’s evidence was contradicted by the second witness, who said Lui moved to her Central office only in November 2015.

Lau said that piece of evidence already contradicted Guevarra’s claim that her employer moved to Central on Feb 6, 2016.

“I’m not satisfied that the prosecution had established beyond reasonable doubt that the defendant was guilty. Defendant, I acquit you of both charges,” Lau declared.

On Feb 5, the prosecutor told Magistrate Lam Tsz-kan that Guevarra pleaded guilty to the charges eight months ago and helped the prosecution investigate and build a case against Lui.

Lam noted the help Guevarra extended in the investigation of Lui and said he accepted that the maid had followed orders to perform illegal work.

“I’ve considered the facts of the case and accepted the mitigation that you have a clear record and was just following orders,” the magistrate said.

He sentenced Guevarra to 6 weeks in jail for each of the two breach of condition charges and 3 months for making false representation to an immigration officer.


Guevarra told The SUN she was happy with the sentence but had to go to Immigration on Feb 6 and find out whether she could look again for an employer.

Filcom leaders hit reported plan to recall Labatt dela Torre

Posted on 03 February 2018 No comments
Labatt dela Torre is noted for cracking down on errant recruiters

By Daisy CL Mandap

Filipino community leaders in Hong Kong are up in arms over a reported move to have Labor Attache Jalilo dela Torre recalled and replaced by the Department of Labor and Employment's top official in Davao.

The impending recall was hinted at by Labatt dela Torre himself in a Facebook post on Feb. 2, in which he spoke of savoring his “last few days” in Hong Kong.

By March this year, he would have been in Hong Kong for only two years. The usual term for a labor official posted overseas is three years, but this has reportedly been extended recently by the current Philippine administration to five years.

Sources within the Philippine Overseas Labor Office confirmed the reported plan, and said the one being eyed to replace dela Torre in Hong Kong is Raymundo Agravante, DOLE's  regional director in Davao.

Contacted by The SUN, Labatt dela Torre did not confirm or deny the report. But he said: “They can recall me or transfer me elsewhere, but I should not be accused of any wrongdoing." He declined to say anything more.

The SUN also sent a text message to Labor Secretary Silvestre Bello III asking about the reported recall, and his only reply was "fake news".

The news, which came in the wake of a recent visit to Hong Kong by a three-man fact finding team from DOLE, sparked concern among Filipino community leaders.

Many regard dela Torre as one of the most hardworking Philippine government officials around. During peak season, he opens his office practically every day to the thousands of OFWs who apply for the overseas employment certificate or OEC exemption before going home for a vacation.

Most Sundays, he even sits behind the service counters in POLO, if he is not out attending Filcom gatherings. 

But often cited as his biggest accomplishment was his unilateral move to ban dangerous window cleaning by migrant workers, which Hong Kong Immigration eventually adopted and made part of the standard employment contract for FDWs.

Dela Torre is credited for
getting HK to ban dangerous
window cleaning by FDW
s  
More recently, Labatt’s outspoken stance against the rampant illegal recruitment of Filipino migrant workers for Russia and Turkey prompted Hong Kong Chief Executive Carrie Lam to vow tougher sanctions against agencies engaged in the illicit practice.

Eman Villanueva, chair of Bayan Hong Kong and Macau and secretary general of Unifil-Migrante HK, said the plan to recall dela Torre sounded suspicious.

“Bakit siya iyong inaalis gayong sa tingin natin e tama ang mga ginagawa niya?,” asked Villanueva.

Since Dela Torre is widely known for cracking the whip on the illegal recruitment of Filipinos, Villanueva said the government will be sending a strong signal that it does not want the campaign to continue if the labor chief is recalled.

Villanueva also asked why Secretary Bello has not fulfilled an earlier promise to review the light sanction imposed on a former labor attaché found to have allowed his then driver to operate an employment agency.

“Tapos itong gumagawa ng mabuti e tatanggalin?,” asked Villanueva.

Dela Torre’s former deputy, Henry Tianero, who is now posted as a labor attaché in Kuala Lumpur, also offered to put in a good word for his former boss.

Tianero sent a copy of a report he submitted to the Philippine Consulate in Hong Kong middle of last year, in which he noted a 21% increase in the number of OFWs who were rehired during dela Torre’s first year in office.

“More were rehired because we were deploying more quality workers,” said Tianero.

And this, he said, was all due to dela Torre’s effort to whip errant employment agencies into line, and placing more restrictions on those applying for accreditation.

A veteran OFW leader, Aura L. Ablin of the Mindanao Federation, was also rattled by the news that dela Torre might soon be recalled.

“Relieving Labatt Jalilo de la Torre from his post here in HK is an absolute mistake. If changing the color of the contract from green to blue is a small matter to our government, it is not for us, and those who fell off windows while cleaning their employer’s house. That’s Labatt Jalilo de la Torre's legacy,” she said.

“MinFed will do its best to keep him here in Hong Kong. Let the voices of all OFWs in Hong Kong be heard!”

Another community leader with a large following said his group was "saddened" by the news that dela Torre might be pulled out from his post. Leo Selomenio, chair of Global Alliance and star of the award-winning movie "Sunday Beauty Queen", said: "We have lined up many projects in partnership with POLO. What will happen to us if he goes?"

He said his group wants dela Torre to stay for several reasons: 1) He has bravely cracked down on "greedy" agencies; 2) He doesn't take a day off during peak months when thousands of OFWs line up to get the OEC exemption through the BMOnline system which "puts too much burden on OFWs; 3) He is very approachable and accommodating to OFWs consulting about their jobs; 4) He works with the Filcom in providing seminars and training that benefit the OFWs; 5) Provides quick solutions to problems referred to him.

Selomenio added: "On the whole he performs his duty beyond expectation. We love him dearly as he gives us priority and a sense of importance".

Another leader, Gemma A. Lauraya, president of the National Organization of Professional Teachers Hong Kong, questioned the real reason for the plan to recall the labor chief.

She also said dela Torre should not be relieved half-way into his term because "He has conscientiously and successfully performed his duties. He has worked hard to fulfill POLO's mission, including fighting human trafficking more aggressively, supporting teachers' programs, and protecting OFW rights and interests.

The unexpected visit of the DOLE fact-finding team from Jan. 25-27, apparently timed while he was away on vacation, appeared to have riled dela Torre. On Feb. 1, his first day back at work, he made several cryptic posts on Facebook that caused many of his friends to ask what was bothering him.

POLO sources said dela Torret felt bad on hearing about the investigation, which was apparently sparked by a complaint to DOLE by a Hong Kong recruiter that failed to get its usual job quota for Filipina bar workers in Wanchai. Labatt dela Torre has reportedly turned down routinely applications for such jobs, concerned that the Filipinas were being exploited.

But the agency’s complaint appeared to be just one of the reasons. The investigators also reportedly questioned POLO staff about Labatt dela Torre’s performance, although most gave him a positive endorsement.

Even the wards at the Filipino Workers’ Resource Centre were given a surprise visit by one of the investigators. Asked if POLO was looking after them well, most of the shelter’s occupants reportedly answered in the affirmative.

‘When my time comes, it will come’

Posted on 02 February 2018 No comments
President Rodrigo Duterte said the purported plan of terrorist group Islamic State (IS) to assassinate him doesn’t intimidate him at all.

Duterte brushed it aside as “mere” threats. He said he had been living a “dangerous life” for a long time.

“I’ve been telling you right at the start, when my time comes, it will come. I will stick to what destiny has given. If I go tomorrow, then I go,” he said in a news conference upon his arrival on Saturday from India.

“Assassination? Kung panahon ko na, panahon ko na! (If it’s my time, it’s my time). So I should not be deterred. I should not be discouraged by just mere threats. I’ve lived with it. I’ve been a prosecutor for nine years doing trial work. I live with a—it was a dangerous life then as it is now,” he went on.

An Indian news outfit The Print reported that Duterte was a target of the terror group during his visit to India late last month.

Previously, Duterte repeatedly warned against the possible retaliation of IS after the Philippine troops defeated the Maute extremist group, which laid siege to Marawi City for five months in 2017.

Quoting a security agency source, the India-based news organization reported about intelligence inputs that “the IS has its people and is planning to strike” against Duterte.

Defense Secretary Delfin Lorenzana said the threat was “normal” and assured the public that security measures were in place to ensure the President’s safety.

“The President is aware of it and his security is doing their job as they should assisted by the PNP (Philippine National Police), AFP (Armed Forces of the Philippines) and all government security forces specially on intel,” he said.

National Security Adviser Hermogenes Esperon Jr. said Duterte knew all along that he was a target of IS but added that the President was not demoralized.

Cause of death of Pinay who fainted while cleaning car still a mystery

Posted on No comments
By Vir B. Lumicao

A domestic helper from Tagbilaran City in Bohol died on Jan 20, after she collapsed while cleaning the car of her employer in Shatin, according to reports.

The victim, identified as Elma Balatero, 43, was found lying unconscious at the car parking lot of Wo Che Estate at 7:49am, an officer of the Consulate’s assistance to nationals section told The SUN.

ATN officer Hermogenes Cayabyab Jr. said the victim’s elder son, who is 22 years old, was to arrive in Hong Kong to arrange the repatriation of his mother. Balatero’s employers reportedly paid for the son’s travel.

The dead woman had another son, who is 21 years old.

The employers, a young Hong Kong couple, had reportedly been distraught over the death of Balatero, who had served them for several years.

A friend of Balatero confirmed this, saying the deceased was treated very well by her employers.

She rebuffed comments posted on social media that the deceased was starved and overworked by her employers.

“She is not overworked. Her employers were very kind to her,” the friend had posted.

ATN is working on the repatriation of the remains while the Overseas Workers Welfare Administration will process the family’s funeral and death benefits.

Police told The SUN the maid was cleaning a car when she collapsed. People at the carpark who saw her lying unconscious beside a bucket and her cleaning gear called an ambulance.

Police said paramedics who arrived at the scene rushed her to Prince of Wales Hospital but she was certified dead after arrival.

Suspended barrister named in deception case

Posted on No comments
Ody Lai and Ester Ylagan during happier times.
By Daisy CL Mandap

Former employment agency owner Ester Ylagan has accused her ertswhile friend, suspended Filipino barrister Ody Lai Pui-yim, of using deception to have an Aberdeen flat she used to co-own with her husband (now deceased), to be transferred in Lai’s name.

The allegation was made by Ylagan in a complaint she made to the Central Police Station on Dec. 5, 2017, a copy of which she supplied to The SUN.

The SUN tried to get Lai’s comment on the complaint via email last January 23, and alerted her to the email subsequently on a group chat on messenger, but received no reply.

However, shortly after The SUN's printed version of this story was published yesterday, Feb 1, Lai posted in her Facebook accounts in the name of "Ydo Lai" and "Ody Apostol Lai" a vigorous denial of Ylagan's claim, saying in part: "I have nothing to do with scamming anyone  not even Ester who was supposed to be a friend. Police has no actionable complaints against me that warrants investigation."

Lai also warned: "This is pure DEFAMATION on my person just to sell a story and I now warn The SUN of the consequences of your news". 
Lai's FB post

The two women used to be close friends, and were both officers of the group Club Filipino Hong Kong. Lai, 56, was the founder/chair of the organization, and Ylagan, 65, was president.

In her 4-page cautioned statement, Ylagan said she consulted Lai in July 2016 about the money claims filed against her by some 200 job applicants who were unable to take up the jobs that she had promised them in Canada and Britain.

Ylagan said, “As far as I know, Ody was a barrister and I thus trusted her that she would represent me in settling the case. Ody was supposed to help me refund the applicants upon selling my property in Aberdeen. I co-owned a property with my late husband, and it was situated at Flat D., 6/F, Block 2, Waterfront South, No. 1 Yue Wok Street, Aberdeen Hong Kong. My husband and I purchased the flat in 2000 for about $2.38 million and it was a 2-bedroom flat with sea view.”

 Later, Ylagan said she again met with Lai in a Chinese restaurant in Tai Koo Shing to consult her about the sale of the Aberdeen flat.

 “Ody then asked me to transfer the property to my son and let Ody sell the property so the money will be used to refund the applicants. I trusted Ody and listened to her. Later, I recalled that my son Michael had brought a set of documents regarding the property transfer for my signature. I signed without looking into them in details. In Nov. 2017, I asked my son what happened to the property and he told me it was transferred to Ody because he does not know how to sell the property.”

After agreeing on the sale of the flat, Lai allegedly told Ylagan to go back to the Philippines “to rest”. Lai allegedly told Ylagan that the police in Hong Kong were set to arrest her so she was not to stay in one place in the Philippines and to change her name.

Ylagan also alleged that Lai told her delete all her whatsapp, viber and Facebook accounts and to stop communicating with anyone.

Later, Ylagan said she asked why she needed to stay in the Philippines, and Lai allegedly answered that it was because she didn’t have enough money to fight the case and she didn’t have a strong defense.

“She told me for sure that if I return to Hong Kong I would for sure go to jail if they could prove my criminal intent.”

At that time, Lai had already been suspended from practicing as a barrister. A decision handed down on Sept. 26, 2016 by the Barristers Disciplinary Tribunal found Lai guilty on all 10 charges filed against her by the Bar Council, and suspended her from practicing as a barrister for four years, and pay a penalty of $200,000 plus costs. The decision can be found here:
http://www.hkba.org/sites/default/files/Reasons%20for%20Sentence%2020160926_0.pdf

On March 3, 2017 Lai reportedly contacted Ylagan in the Philippines and told her to sign documents authorizing the barrister to withdraw money from her MPF account in Hong Kong “to pay back the applicants and legal fee”.

Lai allegedly sent Ylagan via courier a set of documents which included a “Statutory Declaration for Claims of Payment, request for policy surrender and MPF forms.

“However, after I sent all those documents (back) to Ody, I have never heard from her anymore,” said Ylagan in her statement.

Later, Ylagan said she learned from her son Michael that only $90,000 was left in her MPF account.

She also learned from The SUN that the cases filed against her by her job applicants were still ongoing. “I was shocked because I thought Ody is working on the case for me and I was speechless when I saw myself on the news,” she said in her statement.

Realizing that nothing was done to settle her cases, Ylagan said she contacted the HK Police and asked for an interview to clarify the matter.

She also contacted her son Michael who had gone abroad by then, to ask why the flat was transferred to Lai’s name. Michael reportedly told his mother that Lai would return the property after three years, and that they could deal with the matter then. Michael also allegedly told Ylagan that Lai did not pay for the property.

Ylagan said she had not tried to contact Lai since her return to Hong Kong because “I am very scared of Ody and she would go mad if she even knew I have returned to Hong Kong.”

Ylagan said she also learned that Lai had been suspended from practicing as a barrister.

High Court allows legal aid for Ylagan's claimants


The High Court has cleared the way for legal aid to be granted to around 200 Filipinos suing to claim more than $2 million from Ester Ylagan, the employment agency owner who promised them non-existent jobs in Canada and Britain.

The decision to allow the appeal against the Legal Aid Director’s decision rejecting the application of the claimants was reached during a chambers hearing on Jan. 18. It is  believed to be the first time legal aid was granted in a class action suit.

Solicitor Melville Boase represented the Mission for Migrant Workers in the appeal.

Mission case officer Edwina Antonio told The SUN: “Akala kasi ng Legal Aid e sisingilin sila para sa bawat aplikante, pero sinabi ni Mr Boase na kami na ang gagawa ng paperwork kaya hindi ganoon kalaki lalabas ang bayad sa legal fee.”

A total of 129 claims against Ylagan and her defunct company, Mike’s Secretarial Service, are pending at the District Court where they were transferred from the Small Claims Tribunal.

Twenty-one claimants had managed to win their claims before the transfer. The next hearing of the cases before the DC has been set to March 2 this year.

The court was also told that Ylagan had returned to Hong Kong, offering to settle the claims if she could recover the Aberdeen flat she used to co-own with her late husband, Rick, who died in October last year.

In its reasons for rejecting the application, the Legal Aid Department cited Ylagan’s unknown whereabouts as one of the grounds, apart from the failure of the claimants to show receipts of the money they paid the recruiter.

Ylagan returned to Hong Kong in December last year, and filed a police complaint  claiming the flat identified as Flat D, 6/F, Block 2, Waterfront South, Aberdeen was obtained by her friend, suspended barrister  Ody Lai Pui-yi, through deception.

A search by the Legal Aid Department showed Ylagan had bought the flat with her husband in November 2000 for $2.37 million. The property was transferred in the name of their son, Ridge Michael on July 23, 2016, for $2.6 million. Then on March 20, 2017, it was further transferred to Lai for a consideration of $5 million.

Meanwhile, Hong Kong Police has reportedly given notice to some of the claimants that it is now ready to start investigating their fraud complaint against Ylagan, who disappeared just before the Small Claims Tribunal started hearing the cases against her in mid-July 2016.

The police had earlier declined to get the complainants’ statement, saying Ylagan had filed a complaint on July 8, 2016, saying she herself had been duped into sending $4.19 million to someone who used the names William Clinton Erich and William Clinton James on Facebook. Ylagan claimed $2 million of this came from her own personal funds.

In the complaint, a copy of which Ylagan furnished to The SUN, the veteran recruiter said she communicated with Clinton James only through the email he gave her: visagent@gmail.com.”. She had no mobile numbers or address for the agent. Despite this, she complied with his order to send money through Moneygram and Western Union to five people with African-sounding names who lived in Burkina Faso. She said she made 86 remittances in total to the given accounts.

Ylagan said she did not profit from the apparent scam. But the unknown agent promised her a UK passport, 15 return tickets to London, and an “opportunity to explore the UK business market,” in exchange for her recruiting hundreds of applicants for the non-existent jobs.

At the time she remitted the $4.19 million, Ylagan said she had recruited 400 applicants. She stopped when she was asked to increase the number to 650, then 800.

Each applicant to Britain was asked to pay $10,000 and $15,000 for those applying to Canada. A leaflet Ylagan had circulated said “any jobs” were available in the two destinations, causing hundreds of applicants who had relied on her reputation as a 30-year veteran of the recruitment business, to swamp her World Wide shop in Central between January to May, 2016.


Police say PEYA owners to be charged with fraud

Posted on 31 January 2018 No comments
Rhea Donna and Peter Brian Boyce

By Vir B. Lumicao

A charge of conspiracy to defraud is being prepared by investigators against PEYA Travel owners Peter Brian Boyce and his wife Rhea Donna Bayona-Boyce, according to  the Hong Kong police.

This came as the number of customers whose travel plans were fouled up by the air-ticket fiasco that unraveled just before Christmas last year surpassed the 1,000 mark, an officer of the Consulate’s assistance to nationals section said.

A spokesman for the Police Public Relations Bureau said in response to an inquiry from The SUN that the case will be filed in court against the spouses as soon as their investigations are completed.

He also said no further arrests have been made since Bayona-Boyce, known as Yanyan to many in the community, was arrested in her Wanchai flat on Christmas Day. Police nabbed her Australian husband shortly after Yanyan was released on Dec 27.

The authorities are still looking for PEYA marketing manager Arnold Grospe, who Consulate sources believe has fled to Macau, and possibly flown home from there.

Hundreds failed to board their flights after
airlines cancelled Peya's bookings
The PPRB spokesman said the Boyce couple reported to the Central Police District Crime Squad in early January and were instructed to return again early this month. The police bail for their temporary release had been extended as investigations were still ongoing, the spokesman said.

As of Jan 30, a total of 1,118 PEYA customers had gone to the Consulate to file complaints and seek a refund from the travel agency, ATN officer Danny Baldon told The SUN.

He said many more customers were going to the ATN everyday to lodge their complaints.

The affected customers, mainly domestic workers, included those who had booked tickets for the Lunar New Year holiday this month, the Lenten season in March and the graduation period in May.

PEYA was shut down on Dec. 19 in the wake of the ticketing fiasco, and its signage on its third-floor shop at World-Wide Plaza in Central has now been torn down.


       



Pakistani guard sentenced to life for murder of Austrian-Filipina Andrea Bayr

Posted on No comments
Bayr was killed with an electric drill
By Vir B. Lumicao

A Pakistani security guard has been sentenced to life in jail by a High Court judge for the gruesome murder of a 25-year-old Austrian-Filipino bar waitress at a construction site in Tuen Mun nearly two years ago.

“This is a brutal and horrific killing. She had several wounds. She had a drill bit protruding from a wound in her face,” said Judge Kevin Zervos, before imposing the life sentence on Husnain on Jan 31.

The sentencing of Safdar Husnain, 28, came a day after a seven-man jury found Husnain guilty of murder, despite his claim of being in a state of drug-induced psychosis when he committed the crime.

Husnain said he killed Bayr after “she became a witch who tried to strangle him”.

But the jurors disbelieved him and found him guilty of murder by a vote of 6 to 1.

Zervos said the jury rejected the defense case that the killing was done unintentionally by a man with diminished responsibility due to drug-induced psychotic syndrome.

Instead, the jury relied on the testimony of prosecution witness Haresh Khan, a friend of Husnain; and forensic expert Dr Lam Chi-chung. They also took into account the victim’s multiple injuries.

Khan said he was with the couple in the guardhouse on the night of Mar 28 and 29, but went to the toilet around 2am and, on his way back, heard shouting coming from the container nearby.

He said he rushed into the container and saw Husnain hitting the already bloodied Bayr. He tried to separate them but failed. So, Khan, himself bloodstained, ran outside to seek police help.

The police officer who first reached the scene said the green container had been splattered with blood. There was a trail of blood leading to the spot where he saw the defendant sitting on the ground, his arm locked around the neck of Bayr and still hitting her with the electric drill. 

Zervos said forensic expert Lam, who investigated the crime scene and took blood samples, suggested the attack began inside the container, contradicting Husnain’s tale that he was chased outside the guardhouse by the victim, who had become a witch.  

The judge said the jury rejected Husnain’s claim that after taking the drug “ice” before the attack, he heard strange voices telling him he would be killed by his lover.

The defense case rested on two psychiatric experts’ testimony that Husnain’s chronic addiction to the drug “ice” and cannabis had caused biochemical changes in his brain that led to mental abnormality.

Defense lawyer David Boyton said in his summation that his client’s diminished responsibility due to his drug-taking made the killing unintentional. He thus urged the jury to rule the case as manslaughter.

In mitigation, Boyton said the defendant was born in Hong Kong to parents who came to the territory in 1970. He was educated up to Form 1 at age 16. He had a clear record and was the breadwinner.

Husnain’s female relatives wailed as he was led away by his police escorts.

Outside the courtroom, the victim’s mother, Wilma Bayr, said she was happy with the outcome of the trial. “Masaya ako at nakamit na ni Andrea ang hustisya. Matatahimik na siya,” she told The SUN.

She said she had been told by her lawyer that he would help her file a civil case for damages after the trial.




Too late a wish for victim’s mom    
Wilma Bayr

Andrea Bayr, the victim of a gruesome killing by his alleged drug-crazed Pakistani lover, would probably still be alive today if her mother managed to send her back to the Philippines a few years ago to become a movie star.

Sana pinapunta ko na lang siya noon sa atin, kahit nag-artista siya sana,” Wilma Bayr told The SUN wistfully during the trial of her daughter’s killer in the High Court.

Andrea, who was fair, slim and pretty, worked as a bar waitress but did modelling on the side at the time of her death.

Her Pakistani boyfriend, Safdar Husnain, had been sentenced to death at the High Court over her killing.

Wilma said she came to Hong Kong nearly 30 years ago and worked as a domestic helper for five years. He last employer was surnamed Bayr, an Austrian 20 years older than her who offered to marry her. They had two children, the twins Andrea and Alex.

But the husband died 24 years ago when their children were just 4 years old, and Wilma returned to her hometown of Tacloban in Leyte where the twins studied in their primary years. The kids later returned to Hong Kong to continue their studies.

Wilma said she could not come to terms with what Husnain had done to her daughter.

“Grabe ang ginawa niya kay Andrea,” the victim’s mother said, adding that she would not have known of the details had she not been asked by the prosecution to attend the 10-day trial.

“Noong minsan, pinag-usapan kung paano siya pinatay, napaiyak ako kaya ako umalis. Naalala ko kasi siya, naaawa ako sa kanya,” the elder Bayr said.

News reports quoting police said Safdar attacked the woman in a fit of rage after she told him  she was  moving in with a Caucasian man.

But Wilma Bayr doubted this, saying her daughter never fancied white-skinned men. - VBL




Boholana DH dies after fainting while cleaning employer’s car

Posted on 25 January 2018 No comments
Wo Che Estate in Shatin 
A domestic helper from Tagbilaran City in Bohol died on Jan 20 after she collapsed while cleaning her employer’s car in Shatin.

The victim, only identified as Elma, 43, was found lying unconscious on the first floor of the carpark in Wo Che Estate at 7:49am. She was rushed to Prince of Wales Hospital but was declared dead after being revived initially.

An officer at the Consulate’ assistance to nationals section said the victim’s elder son, who is 21 years old, was to arrive in Hong Kong to arrange the repatriation of his mother.

The deceased reportedly had another son who is 20 years old.

ATN is now readying the documents needed for the repatriation of the deceased while the Overseas Workers Welfare Administration will begin processing her funeral and death benefits.

A police spokesman told The SUN that the maid had fainted while cleaning a car. People at the carpark who saw her lying unconscious beside a bucket and her cleaning equipment called an ambulance.

Police said an investigation on the cause of her death was ongoing.

Following her death, netizens speculated that the deceased had fainted from starvation and overworked, but this was immediately debunked by one of her friends.


“She is not over worked Ate. She had been feeling something already, but she kept it a secret,” said her friend. She said Elma’s employers were very kind to her. – Vir B. Lumicao

Filipina drops claim for ‘work injury’ against her employer

Posted on 24 January 2018 No comments
By Daisy CL Mandap

A Filipina domestic worker withdrew a claim for compensation against her employer for a supposed work-related injury after being told by the presiding officer at the Labour Tribunal on Jan. 4 that she had little chance of success.

Rosalina Andres, who appeared in court on crutches, had sought to claim that her hospitalization from August to September last year was the result of injuries she suffered nine months earlier, when she slipped on a walkway in Wanchai after picking up her wards from school.

Her employer, So Chi-yan, who terminated Andres’ employment on Sept. 12, 2017, rejected the claim. Andres had worked for her since July 20, 2016.

In court, deputy presiding officer Mary Wu said there appeared to be no evidence linking Andres’ hospitalization to the fall in November 2016, for which the helper did not even seek medical consultation.

Wu read a report showing that Andres was admitted to Tang Shiu Kin hospital in Wanchai on Aug. 14, 2017 because she had difficulty breathing. She was discharged on Sept. 6, and was granted sick leave.

“During such leave, your employer sent you to some sort of a nursing home, is that right?,” Wu asked the Andres.

The tribunal officer also pointed out that during the nine months that elapsed since Andres slipped and when she was admitted to hospital, the helper did not go for any medical check-up or treatment.

However, upon admission to hospital on Aug. 14 she filed a complaint with the Labour Department, saying that her ailment was due to a work-related injury.

The Employees Compensation Board duly investigated Andres’ complaint, but a check with Tang Shiu Kin Hospital reportedly revealed that what she had were “sebaceous cysts”, which are not life threatening.

On Nov. 1, 2017 the ECB issued a document stating the hospital’s advice that “the medical condition (of Andres) was not unlikely to be related to the accident”, and that “it may just be due to her personal condition.”

Wu said that the Tribunal was not in a position to rule on Andres’ claim based on the medical report, and that if she wanted to persist in asking for compensation, she would have to do it in the District Court.

However, elevating her case there could mean either party being allowed to be represented by counsel, and the losing party being ordered to pay costs.

After a break called by Wu, Andres, with help from Danny Baldon of the Consulate’s assistance to nationals section, informed the Tribunal that she had decided to withdraw her claim.



Recipes from DWC-HK ‘It’s All About Food’

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Starting this issue, we will feature posts from the Facebook page of the “Domestic Workers Corner (HK Group) It’s All About Food” where Filipino domestic workers share their questions and concerns about the food they are expected to serve their mainly Chinese employers on a daily basis.

The closed group, formed by The SUN’s regular contributor Rodelia Villar only five months ago, now counts about 15,000 members, which testifies to how important cooking is to a domestic worker’s job.

As Rodelia said in a previous article on the group, the challenge faced by many is the rather limited budget given to a domestic worker, who often has to prepare up to five dishes per meal. Add to this is the difficulty of learning new Chinese dishes to vary the food served each day.

Members of the It’s All About Food page learn not just new recipes, but also ways of reaching out to each other from kitchens all over Hong Kong. In this sense, it has helped domestic workers cope with one of their main tasks in a way that cook books and cooking lessons could only manage to achieve in a limited way.

Posted is an interesting question raised in the page by a member: How to cook a half a slice of pumpkin.

The responses were:

Mhey Coloma Leonen: “Steam mo with pork ribs and black beans”.

Told that the employer didn’t like steamed food, Hanz Abello said: “Fry mo sis, with minced meat. Cut mo into cubes, then marinate mo lang (with) minced meat.

Adelaida Mayuga gave a more comprehensive recipe: “Marinate the pork ribs, then fry with minced garlic and add some black beans. Put enough water (and boil) until tender. Lastly, put the cut pumpkin or squash and cook until soft but not soggy. Happy eating.”

Another suggestion came from Rosalinda Lopez who said, “Ginisa sa lean pork with chu hoi paste.”

Asked what the chu hoi paste was like, Lopez posted this picture, and said: “Nabibili yan sa supermarket o sa mga frozen meat shop. Brown ang lagayan.

Another suggestion came from Thea Fontamillas Villanueva, “Pumpkin soup, sis”

While the administrator of a sister group, Lovely OFW Corner said: “Fried rice with minced pork and pumpkin. I-cube mo lang ang pumpkin at i-steam for 5 minutes, then ihalo.

Lorelie Lhen suggested a dish familiar to many Filipinos: “Try mo lutong Pinoy, kalabasa na may sitaw. Hope magustuhan nila”.

Finally, Marlyn Crisologo came up with two options:: “Igisa mo lang sa bawang, lagyan mo ng asin at asukal, ok na iulam.”

Another suggestion was: ‘Pwede ring pula ng itlog na maalat.Tadtarin mo ng pinong pino. Tapos i-fy mo muna yung kalabasa – dapat luto nang maigi, ha – pagkatapos mag-iwan ka ng konting mantika doon sa pinagprituhan para gamitin sa pag fry ng itlog na pula. Haluin mo ng maigi hanggang magmukhang cream, tapos ilagay mo ang kalabasa (yung apoy mo dapat medium lang). I-mix mo nang mabuti hanggang coated siya, tapos tanggalin mo sa palayok at ihain mo na.

A more complicated recipe was suggested by Marie Rose Balangui, who said: “Nilalagyan ko yan ng flour para maging noodles soup sya. Lagyan ng tubig yung flour at isang itlog. Gamit ang chopsticks ihalo mo lang sya until parang smooth na…wag masyadong basa. Tapos gamit ang bread knife, ia-isa mong kiwain para mag form na parang noodles about 2 inch thick. Cut mo yung pumpkin into squares, parang pang pakbet, at unahin mong iluto. Lagyan ng minced ginger, minced onion leaves at minced garlic. I fry mo sya tapos lagyan ng hoisin sauce, mga 2 spoons, tapos lagyan ng tubig na pang soup. Kapag malapit nang maluto ang pumpkin ilagay mo uung flour a 2 spoon.tpos lagyan n ng tubig n pang soup if malapit n maluto pumpkin ilagay n ung flour.

Cande Sanclaia gave the shortest instruction: “Roast”.

Another, Emily Aquino gave the simplest recipe: “I fry ko lang yan with garlic and oyster sauce.”

Below is another yummy dish posted on the page by the admins of Lovely OFW Corner:



Bacon Wrapped Asparagus 

Ingredients
2 lb fresh asparagus, ends trimmed
12 slices bacon
1/2 c light brown sugar
1/2 c butter
1 tbsp soy sauce
1/2 tsp garlic salt
1/4 tsp freshly ground pepper

Procedure: 
1) Preheat oven to 400 degrees. (Can be pan-fried if there is no oven)
2) Divide asparagus spears into 12 bundles (3-4 pieces each). Wrap 1 piece of bacon around each bundle, starting 1/2" from bottom of the tips. Secure the bacon-wrapped asparagus with a toothpick. Arrange bundle in a shallow baking pan.
3) Combine brown sugar and remaining ingredients in a medium saucepan; heat mixture to a boil over medium heat, stirring occasionally. Pour mixture over asparagus bundles.
4) Bake 25 to 30 minutes or until spears have begun to wilt and the bacon looks fully cooked. Enjoy


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