Suspended jail term for DH caught selling fake Nike shoes

Foreign domestic helpers who sell goods on the side, especially if they are fake, should beware because what they are doing violate their visa conditions.

A Filipina who sold fake Nike shoes on her day off to augment her income learned her lesson the hard way, when she was meted a jail sentence of six weeks, suspended for a year, after she admitted her offense.

Geraldine Hurboda, a 36-year-old domestic worker, pleaded guilty before Magistrate Peter Law in Eastern Court to charges of “possession for sale or any purpose of trade of goods to which a fake trademark was applied” and “breach of condition of stay”.

The prosecution said Hurboda was arrested on Dec 3 last year by a Customs officer posing as a civilian while selling eight pairs of fake Nike shoes to fellow Filipinos near St Joseph’s Church on Garden Road, Central.

The charge read to the defendant said the officer watched for a few minutes as Hurboda laid her merchandise on the pavement for likely buyers to inspect before arresting her.

The prosecutor said Hurboda, who came to Hong Kong on Jul 23, 2016 to work as a domestic helper for a family on Caine Road, Mid-Levels, had a clear record. She had lost her job since her arrest.

Her counsel from the Duty Lawyer Service said in mitigation that Hurboda had admitted her offenses at the earliest instance, adding that she committed them because she wanted to send more money to her ailing mother.

The lawyer read a letter from Hurboda which said she was remorseful and was hoping to get another job in Hong Kong. Her former employer also sent a letter attesting to her good character.

Law imposed a two-week sentence on Hurboda for selling fake goods and six weeks for breaching her condition of stay. Both sentences are to be served concurrently but suspended for 12 months.

“The nature of your breach of condition of stay is different from the nature of other breach of condition cases I’ve heard. Those cases involved people who are not allowed to work at all in Hong Kong. In your case, you were working in Hong Kong when you breached your condition of stay,” Law told Hurboda. – Vir B. Lumicao

Pinay to be tried for wounding fellow maid with cooking pot

By Vir B. Lumicao

A Filipina driver who had earlier pleaded guilty to wounding a fellow domestic helper in Kennedy Town in May with a cooking pot will be tried in Eastern Court in August after she decided to change her plea.

Magistrate Peter Law told the lawyer of Maria Fe Pangue, 52, to review new facts disclosed by the defendant in a statement, when the case was heard on Jul 18.

After a brief adjournment, the lawyer told the court Pangue was reversing her plea and wanted to go to trial.

Pangue was charged with wounding for allegedly hitting fellow helper Jethelyn Sumagay on the head with a cooking pot more than once during a quarrel on May 22 on the podium of The Belchers residential estate in Sai Ying Pun, Kennedy Town.

Defendant is charged with hitting a fellow domestic helper on the head with a cooking pot

But after the facts of her case were read in court, Pangue said, “I plead guilty, but I have a statement about my case, your honor.”

She passed the written statement on to the magistrate, who read it and noted the differences between her account of the incident and the facts cited in the police statement.

The police report said Pangue, who worked as a driver-helper of a family residing at a tower in the estate, “unlawfully wounded” Sumagay.

But Law noted that in her statement, the defendant claimed she was struck first on the face with the pot’s lid by the victim, prompting her to hit the latter’s head once, causing it to bleed.

Law set the trial for Aug 22 in Eastern Court.

District Court to hear 2 Pinay's claim vs dead employer’s estate

Money claims of more than $50k are heard at the District Court in Wanchai

By Vir B. Lumicao

Two Filipinas have failed to find a relative of their deceased employer who could help them claim more than $100,000 in unpaid wages and other money allegedly due them, prompting the transfer of their case to the District Court.

Cleofe Quintella and Amalia Tongga returned to the Labour Tribunal on Aug 7 for a hearing of their claim against the estate of the late Fung Yuk-mei, who took her own life in January.

Presiding Officer Eric Tam told the two domestic helpers that since no executor or administrator of Fung’s assets had come forward, he was transferring their case to the District Court.

Tam told the claimants they would have to find a solicitor who would represent them there in pursuing their claim against the estate of the deceased.

Quintella and Tongga’s claims were first heard at the Tribunal on Apr 6, but no representative came on behalf of the late employer, who was said to be single and childless.

Presiding officer Catherine Cheng told the claimants their case could not be heard until they found out who was Fung’s estate executor or administrator.

The two went to the Probate Registry in Admiralty to find out if anyone had applied for a probate of Fung’s assets, but their search was futile.

Quintella, who had worked for Fung since 1982, is claiming a total of $65,438 for three months of arrears in wages, long service pay, unused statutory holidays, annual leave and air ticket.

Tongga, who is claiming $41,039 for one month’s unpaid wages, long service pay, unused statutory holidays and air ticket, said she began working for Fung in 1985.

The two told the Tribunal the claims were computed by Labour officers who they consulted after Fung was found dead in her bedroom on Jan. 29 with a pan of burnt charcoal beside her.

Tongga said Fung had been living alone when she hired them. Fung’s only relative was a niece, who allegedly told them she knew nothing about her aunt’s assets.

The Filipina told the court that police investigators had collected cash and jewelry they found in Fung’s room, as well as a letter whose contents were not disclosed to them.

2 Filipinas jailed 4 months for forged documents, lying

By Vir B. Lumicao

Two Filipinas have each been sentenced in Shatin Court to four months in jail for making false representations and using forged documents so they could enter Hong Kong on domestic helper visa.

Ma Isabel M. Almayda, 46, and Mary Ann B. Artates, 43, both pleaded guilty to the charges before Magistrate Winnie Lau on Jul 20.

The prosecution had asked to delay Almayda’s sentencing until Aug 23, saying she had information that was valuable to the investigation of similar cases, and that this could have an impact on her sentence.

But Almayda herself opposed the application, saying she had already pleaded guilty to all the charges and did not want to help the prosecution. That prompted the magistrate to have the charges read to her again.

Court documents show Almayda, using forged documents, managed to obtain a work visa. She arrived in Hong Kong on Nov 11, 2011 as a domestic helper for a local employer. She renewed her visa in November 2013, Aug 3, 2015, Oct 28, 2016, and Sept 28, 2017.

She was arrested on Jan 30 this year after Immigration authorities discovered her misrepresentation.

Her lawyer said Almayda left behind a son, now 17, when she came to Hong Kong to work in 2011. She lived with her German boyfriend who she was to marry soon.

The lawyer asked for a lenient sentence, citing his client’s guilty plea, her remorse and promise not to re-offend, and her clear record in Hong Kong and the Philippines.

Lau accepted the mitigation, then sentenced Almayda to four months in jail. The Filipina wept on hearing the sentence.

Artates, who was set to be sentenced that day, also had the charges read to her a second time, and again, she pleaded guilty.

The first charge against her was for making a false statement when she first entered Hong Kong on Nov 23, 2013 on a domestic helper visa. Then she was charged with making a false representation to an Immigration officer when she renewed her visa in November 2015.

In October 2017, Artates allegedly “(caused) to be made a false representation to an Immigration officer” when she applied for a change of employer.

The Filipina was arrested by Immigration officers on Jan 31 after the fraud was discovered. 

In mitigation, the defense lawyer said Artates had a clear record and was remorseful. Her father died on Jan 30 and she wanted to go home but was arrested the next day.

‘Marcos billions’ myth revived in fake US$5b bank draft case

By Vir B. Lumicao

The myth of the hidden Marcos billions was resurrected in Eastern Court on Aug 9 as an affidavit presented as evidence by one of three defendants in a fake US$5 billion bank draft case linked it to the late Philippine dictator.

Marcos reportedly fled into exile in the US in 1986 with
gold bullions and up to US$2 billion in stolen wealth

The affidavit came with an engagement agreement between a company headed by Ruben Soliman, the purported owner of the bank draft, and a law firm that employed the 43-year-old defendant Eliseo L. Martinez.

The company, Soliman Property Ventures & Holding Corp, was allegedly owned by the Soliman patriarch described as a “caretaker” of deposed President Ferdinand E. Marcos.

The Marcos billions twist came as Martinez and co-accused Elmer Soliman, 57, and his son Eric Jude Soliman, 31, returned to Eastern Court on charges of “using a false instrument” for allegedly trying to pass off the bank draft as genuine.

Martinez submitted the documents as his lawyer again applied for bail, saying the defendant’s wife was in town. Martinez offered $15,000 cash bail and another $15,000 as surety from his friend, a Hong Kong resident named “Pieter”.

The defense counsel said the documents showed Martinez was assigned by his law firm to handle the bank draft claim although he came to Hong Kong as a “companion” of the Solimans.

But after reading the affidavit, Magistrate Peter Law said Martinez “just made his situation worse than before” while trying to clarify his role in the case.

The affidavit indicated that Soliman Property had engaged Martinez & Lim Law Office in verifying the bank draft validity. Accordingly, the elder Soliman sent his son Elmer and grandson Eric Jude to Hong Kong, accompanied by Martinez, to present the original of the bank instrument to HSBC for verification.

Elmer Soliman said his son had earlier shown a copy of the instrument to staff at the HSBC headquarters in Central, but he was advised to present the original. But when they returned in April with Martinez, they were arrested and their hotel room raided by police.

 “If your client is a lawyer hired by (the Solimans), how and where did he get the bank document and in what capacity did he come to Hong Kong to claim the money? We’re talking here of billions of US dollars,” Law told the defense lawyer.

The lawyer requested for a 15-minute break to take instructions from his client. When the hearing resumed, the counsel said Martinez was assigned by his law firm to handle the bank draft case.

However, the lawyer maintained the defendant came to Hong Kong “only as a companion” of Soliman.

Law said if a lawyer agrees to serve a client to claim a certain amount of money without ascertaining from the client the source of the money, the relationship raises questions.

Not having done that, the magistrate said Martinez “just made his situation even worse than before.”

Law adjourned the hearing until Sept. 23 but told Martinez to return to court after eight days for the result of his bail application.

Filipina in reported suicide dies in hospital

By Vir B. Lumicao

A newly-wed Filipina domestic helper who reportedly hanged herself in her employer’s house in Sheung Shui on Aug 1 has been taken off life support machines after being pronounced clinically dead, according to Consulate officers.

The cause of the apparent suicide was not immediately known, and no suicide note was reportedly found.

North District Hospital in Sheung Shui where the victim
was declared dead

 According to Consul Paulo Saret, head of the Consulate’s assistance to nationals section, staff at North District Hospital in Sheung Shui took off the instruments attached to the 32-year-old victim at 2pm earlier today, Wednesday.

The victim, who had been working in Hong Kong for eight years, was reportedly found hanging by her neck in her bedroom by her 39-year-old male employer, who took her down and called police. She was rushed to hospital in critical condition.

At 3:23 pm on Aug. 6, she was declared brain-dead, said Lorna Obedoza of the Overseas Workers Welfare Administration office.

By noon the next day, the victim’s husband whom she married only on Jun 25, arrived from Antique, and was escorted directly to the hospital by OWWA staff. He arrived just in time to witness his wife being taken off life support.

A source said the victim went home only recently to wed her husband in civil rites, with plans to follow it up with a church wedding.

Obedoza said a cousin of the victim had earlier begged doctors not to unplug the machines yet, but they were told of the Hospital Authority’s policy to keep life support on only for 24 hours after a patient is declared brain-dead.

The cousin reportedly wanted the patient to be kept alive until Sunday so her friends could come and say goodbye.

Consul Saret said his office is now preparing to repatriate the victim’s remains. 

Talk to people or call hotline, distressed OFWs urged   

Consul Paul says, call us if you need help

The Consulate is advising Filipino workers in Hong Kong to talk with relatives and friends about their problems to unburden themselves, or call for help.

Consul Paulo Saret, head of the assistance to nationals section, gave the advice in the wake of reports that a Filipina domestic worker had hanged herself on Aug. 1.

If they are too shy to share their problems with those close to them, the Consulate’s hotline is open 24 hours a day with an officer ready to listen and advise them, said Saret.

“Iyong mga kababayan nating may dinadalang mabigat na problema, nandito naman tayo, bukas itong ating Konsulado from Sunday to Thursday,” Saret said.

He said that apart from ATN staff manning the hotline, the Consulate also has a social welfare attaché, Beth Dy, who is a qualified counselor and could be contacted for one-on-one consultation.

Saret said that whatever problem a worker has, be it over money, or problems with employers, a solution can be found.

“Yung pera, hindi naman yun ang be all and end all ng buhay natin. Yung employer naman po, kung anuman ang problema, nandito kami sa ATN at POLO,” Saret said.

Those who need to contact ATN may call the consular hotline, 9155 4023. For work-related concerns, they may call OWWA’s hotline, 6345 9324 or 5529 1880 for the Philippine Overseas Labor Office. – VBL

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FDWs take up demand for $5,500 monthly wage with HK labour officials

By Daisy CL Mandap

Migrant workers want the HK government to give serious thought to their demands

Leaders of Filipino and Indonesian migrant organizations emerged from an hour-long meeting with Hong Kong labour officials today, unsure if their demand for a minimum monthly wage of $5,500 and food allowance of $2,500 will be given serious thought.

Eman Villanueva, spokesman of the Asian Migrants Coordinating Body, said that as in previous years, the migrants delegation failed to get assurance from the government panel headed by Assistant Commissioner for Labour Queenie Wong, that their concerns would be addressed.

The meeting, held at the Labour Department offices in Sheung Wan, was sought by the government side ahead of the yearly assessment of the minimum allowable wage for foreign domestic helpers in Hong Kong.

Villanueva said all that they had put on the table was the “bare minimum” that foreign domestic helpers need to survive in Hong Kong. He described the minimum pay that they are asking for as a “living wage”, while the new food allowance was said to be based on the per capita food spending in Hong Kong.

$5,500 a month is just a "living wage" say migrants

“So we are not asking for too much,” he said.

He decried that the government panel was unable to show the same kind of serious analysis of available economic data when assessing how much salary FDWs are entitled to each year.

Video: Villanueva on lack of transparency in MAW assessment

During the meeting, the migrants said they also brought up up other serious concerns, such as overcharging and other illicit practices of some employment agencies, suitable accommodation for domestic workers, rest hours and the strict enforcement of the window cleaning ban.

For the first time, the migrants asked labour officials to identify in their work contracts the parts of their employer’s house that do not qualify as “suitable accommodation” for them, such as toilets, kitchens, cupboards and living rooms.

The migrants also reiterated a demand for work hours to be made part of their contracts, and specifically asked that they be allowed to rest continuously for at least 11 hours each day.

Another concern was the so-called “lack of teeth” in the ban against unsafe window cleaning by domestic workers. Citing the recent death of an Indonesian domestic helper who fell while cleaning windows, Villanueva said there clearly is a need to include a penalty provision in the ban which took effect last year.

Payong kaibigan

Nalulungkot si Noemi dahil medyo napapagod na siya sa kanyang trabaho, lalo na at may dinaramdam pa siyang sakit-sakit sa katawan, kaya naisipan niyang tawagan ang matalik niyang kaibigan.

Ang dating positibong mag-isip na si Noemi ay nagsabing parang nagsasawa na siya sa araw araw na pag-aalaga sa mga alaga, paglilinis ng bahay, pagliligpit ng mga kalat, pagluluto, pamamalengke at pamamalantsa.

Naunawaan naman ng kanyang kaibigan ang kanyang mga hinaing, pero pinayuhan siya ng ganito: “Isipin mo na lamang kaibigan na ang bawat pinupulot mong laruan at inililigpit mo ay nagkakahalaga ng 50 dolyar, mawawala na yang kapaguran mo at magiging inspired ka ulit. Gaya ko, araw araw na naghihila ako ng kung ano ano, nagbubunot ng damo,nagdidilig ng maraming halaman, depende sa utos ng amo ko, pero di ako napapagod at nayayamot dahil iniisip ko na 50 dolyar ang halaga ng bawat hila ko, at sa loob ng isang buwan ay ilang libo ang mapapasaakin. Kasi kapag di ka nagtrabaho mawawalan ka ng sahod buwan buwan.”

Napatawa si Noemi sa tinuran ng kaibigan kaya parang lumakas muli ang kanyang loob, bumalik ang kanyang pagiging masayahin at positibong pag-iisip.

Nasambit niya na minsan sa buhay ng isang OFW, kahit na anong lakas ng loob mo at tibay ng damdamin, dumarating din ang oras na kailangan mong ibulalas ang iyong nararamdaman para maibsan ito at mabigyan ka ng payo ng taong pinagkakatiwalaan mo.

Si Noemi at ang kanyang matalik na kaibigan ay maraming pagkakatulad. Pareho silang tubong Cagayan Valley na naninilbihan sa New Territories, at parehong 40 ang edad, at may pamilyang naiwan sa Pilipinas. – Marites Palma

Walang awa

Nadatnan ni Mila ang dalawang kababayan na nag-iiyakan sa bus stop. Nagpasya si Mila na manahimik na lang habang hindi pa nahihimasmasan ang dalawa. Pagkatapos ng ilang sandali ay naikuwento din nung isa na kaya siya umiiyak ay dahil namatay ang ina niya ngunit hindi siya pinayagan ng kanyang amo na makauwi para masilayan ito sa huling sandali.

Hindi daw niya maubos-maisip na sa loob ng halos anim na taong paninilbihan sa amo at minsan sa isang buwan lamang siya binibigyan ng day-off ay ipagkait pa ang maiksing panahon para masilayan ang labi ng ina, at maihatid ito sa huling hantungan.

Tunay na walang kunsiderasyon daw ang kanyang amo sa kabila ng matapat niyang pagsisilbi sa loob ng matagal na panahon.

Nagtangka ang Pilipina na sabihin na siya na ang bibili ng kanyang tiket sa eroplano pauwi at ilang araw lang siyang mawawala, pero matigas ang puso ng amo. Sinabi pa daw nito na hindi na naman mabubuhay ang ina niya sakaling umuwi siya.

Hindi naman magawang makipag matigasan ng PInay dahil kung siya ang mag terminate ng kontrata nila ay baka hindi siya bayaran para sa long service.

Nagalit si Mila sa narinig pero alam naman niyang mahirap talagang suwayin ng Pilipina ang gusto ng amo dahil sa malaki-laking halaga rin ang maaring maging kapalit nito.

Ngayong Agosto ay matatapos na ang kanyang pangatlong kontrata pero hindi na raw siya ire-recontract. Gayunpaman, hindi pa rin siya pinauwi dahil hindi pa daw dumating ang magiging kapalit niya.

Ang tatlong Pilipina ay pawang naninilbihan sa New Territories. – Marites Palma

Itlog na nilalaga, sumabog

Si Ana na isang Ilongga ay bagong dating pa lang sa Hong Kong, at wala pang dalawang buwan na nagtatrabaho sa mga among Intsik sa Tseung Kwan O. Sa unang araw ng kanyang paninilbihan noong Hunyo 6 ay may kapalpakan na nangyari na hindi niya makakalimutan.

Pagdating niya sa bahay ng mga amo ay inutusan kaagad siya ng “Ana you cook my one egg.”

Pigil ang tawa na tinanong niya kung anong luto ang gusto nito, kung scrambled, sunny side-up o nilaga, na puwedeng hard o soft-boiled. Ang sagong ng amo ay, “You cook hard my one egg.” Nangingiti na sumunod si Ana sa utos.

Kinuha niya yung nag-iisang itlog sa fridge at inilagay sa tubig bago isinalang sa stove. Nang nag-uumpisa nang kumulo ang itlog ay bigla itong sumabog, kaya tumilamsik sa buong kusina ang laman nito, pati sa dingding. Dahil malakas iyong putok ay narinig ng amo na nanonood ng TV sa salas, at biglang humangos papuntang kusina.

“What did you do to my one egg?”, sabi nito na pasigaw. Hindi na nakapapigil si Ana at bigla niyang sinabi ang, “So smelly your egg.”

Iyon pala ay may tatlong buwan na ang itlog sa ref kaya bugok na nung niluto. Napahiya ang amo dahil na rin sa sumambulat na baho ng itlog. Hindi na napigilan ni Ana ang sarili at biglang napahagalpak.

Lumabas ng kusina yong kanyang amo, sabay sabi ng “chisin”. Kinabukasan ay pumunta sa grocery ang kanyang among lalaki at namili ng mga pagkain. Inilapag sa sahig ang dalawang  plastic bag at sabay sabi kay Anna ng, “Don't forget to check the expiration date of the eggs I bought."

Tuwing naalala ni Ana ang kanyang karanasang ito ay nangingiti siya sa sarili. Si Ana ay 34 taong gulang, may asawa at isang anak na walong taong gulang. — Merly Bunda