Labatt Jolly set to return to HK

By Daisy CL Mandap

The combined voices of Filipino migrant workers have been heard. Labor Attache Jalilo de la Torre, whose unceremonious and unjustified recall to Home Office in April sparked widespread protests within the Filipino community in Hong Kong, is about to come back.

The only question now is, when?

Labor Attache Jalilo de la Torre

“My papers are already with the DFA (Department of Foreign Affairs)”,  was all that Labatt dela Torre said in response to a message asking when he expected to be back in Hong Kong.

But that could be soon as late this month, or early September. Once the DFA, through the Philippine Consulate, passes on his papers to the Hong Kong government, it will be only a matter of days before Dela Torre gets the go signal to reclaim his post.

According to his temporary replacement, Labor Attache Leonida Romulo, she is herself already preparing to move to another post. Insiders at the Department of Labor and Employment in Manila say Romulo will be posted to Malaysia where she’s expected to remain until her retirement by next year.

Also on the way out is Assistant Labor Attache Ma Nena German, who had cracked down on Dela Torre’s supporters when she was made officer-in-charge for three months after his recall. German will reportedly spend the last four months of her extended term in Taiwan.

Romulo, who took over the top labor post only last month, said there will be a short overlap between her and Dela Torre. “I will stay until Labatt Jolly returns because there should be an official turnover,” she said

Labor Secretary Silvestre Bello III sent her here to take up the labor attache’s post after dela Torre was recalled a full year before his tour of duty was supposed to end.

Secretary Bello’s letter dated Mar 23 did not give any reason for the recall, but merely said Dela Torre was to report back to the Home Office “effective immediately”. He was also instructed to turn over all money, properties, equipment and accountable forms to German, indicating the recall was final.

The order sparked widespread criticism within the Filipino community in Hong Kong, and caused two big protests to be staged, calling on Bello to revoke the order against the highly regarded labor attaché.

In response to a petition from migrant leaders, Special Assistant to the President Christopher Go and Foreign Affairs Secretary Alan Peter Cayetano both assured the community Dela Torre would get to keep his post.

But with Bello standing firm on his recall order, Dela Torre was forced to return home in mid-April. The two met in Manila about a month later, during which Bellore portedly told his labor attache to write a letter admitting that he instigated the protests against his recall, and apologize.

The news that Dela Torre is on his way back to reclaim his post was greeted with joy and relief by the Filcom leaders who joined the protests against his recall.

Rodelia Villar, leader of the Domestic Workers Corner, said rogue employment agencies have been on a roll since Dela Torre left. “Four months pa lang ang dami nang nabiktima (na domestic workers),” she said.

Villar also said Dela Torre’s return showed how unity among leaders could bring about a desired result.

Eman Villanueva of United Filipinos in Hong Kong said his group is looking forward to meeting with Dela Torre again.

“We are eager to meet with him upon his return. Maraming mga dapat na mapag-usapan na mga concerns ng community na nais namin maihapag sa kanya for POLO’s intervention. One of which ay ang illegal collection ng mga agencies. Gusto din namin syang kausapin tungkol sa mga issues addressed to the HKSAR government. We are confident na gagawa sya ng mga concrete steps para suportahan ang kampanya ng mga OFWs for reforms sa ating working and living condition dito sa HK kagaya ng kanyang ginawa noon sa issue ng window cleaning,” said Villanueva.

For Aura Ablin of Mindanao Workers Federation, the four months that the labor attache was forced to wait it out in Manila while Bello decided on his fate was a lot of time lost.

“Sana yong apat na buwan na pagkawala ni Labatt de la Torre dito ay ibalik yon by extending his term. Ang daming nabinbin na mga programa para sa kapakanan ng mga OFWs dito sa HK and six months is too short to do it all.” said Ablin.

Villanueva suggested a new petition could be made to ask for Dela Torre’s extension way beyond the six months remaining in his three-year-term.

To this day, the reason for Dela Torre’s recall remains unclear. But recent reports suggest  Bello might have been telling the truth when he told Manila reporters that the order to get dela Torre packing came directly from Malacanang. Apparently, a Hong Kong agency owner whose wife is from Davao had approached President Rodrigo Duterte directly to complain about Dela Torre, who had been bearing down heavily on errant recruiters.

It did not help that a group of Hong Kong recruiters who bring in Filipinas to work as bar girls in Wanchai were also up in arms over Dela Torre’s rejection of their job orders, depriving them of lucrative commissions.

Dela Torre had said that he was surprised by his recall, as he was not aware that he was being investigated. He maintained that he didn’t have any problems getting marching orders, but didn’t want to go under a cloud of doubt.

Bello later on said Dela Torre’s recall was temporary and was meant to allow him to defend himself against the accusations made against him.

Asked for his reaction to the protests in support of his top Hong Kong man, Bello said, “I respect their right to air their grievance but they (also) have to respect our mgt (management)/ procedural due proess”.

The recall attracted extensive media coverage because of the widespread support given to Dela Torre by migrant workers who often cite as reasons his uncompromising stance against illegal recruitment and human trafficking.

OFW, babalikan ng kaso ang among nagpaaresto sa kanya

Ni Rodelia Villar

Madaling araw ng ika-25 ng Agosto nang tumawag ng pulis ang amo ni Liza Panabe, 46, taga Iloilo City, para ipahuli siya dahil nagnakaw siya diumano ng sleeping pills, sigarilyo at facial mask.

Nang dumating ang mga pulis ay itinuro ng amo ang isang bag na itim ni Panabe na naglalaman ng 17 piraso na facial mask, 30 pirasong sleeping pills at dalawang kaha ng sigarilyo. Agad naming itinanggi ni Panabe na kinuha niya ang mga gamit dahil ni hindi siya gumagamit ng mga ito. Pilit nga daw siyang binibigyan ng amo ng facial mask pero ayaw niyang tanggapin dahil nang minsang sinubukan niya ay nangati ang mukha hiya. Lalong hindi siya naninigarilyo at an amo niya ang madalas magpabili sa kanya nito.

Wong Tai Sin police station.  Googke Maps photo.

Ayon pa kay Panabe, ang amo niya ang may problema dahil adik ito sa marijuana at minsan ay hindi ito nakakatulog ng dalawang araw matapos humitit nito. Ipinakita niya ang mga litrato sa telepono niya ng mga marijuana na ginagamit ng kanyang amo, at pati na rin ang logbook kung saan niya sinusulat ang mga maling trato sa kanya.

Sa bandang huli ay pinagsabihan ng mga pulis ang Pilipina na mag-impake ng mga gamit at umalis na sa bahay ng amo.Tumulong pa ang mga pulis na bitbitin ang mga gamit ni Paneba; gayunpaman ay dinala pa rin siya sa Wong Tai Sin police station para kunan ng pahayag.

Pagdating sa istasyon bandang 2:30 ng umaga ay tinawagan ni Panabe ang kapatid nitong si Mary na isa ding OFW sa Hong Kong at ipinaalam na nasa police station siya. Pagkatapos ay nag message naman siya sa group chat ng Domestic Workers Corner Help Group para humingi ng tulong.

Matapos ito ay hindi na muli nakapag message si Panabe sa grupo, kaya nagdesisyon ang isang ka miyembro niya na si Rain Tuando na tumawag sa Wong Tai Sin police station at doon nila nakumpirma na nandoon nga si Panabe.

Nakailang tawagan pa sina Tuando at mga pulis bago nagkasundong papagpiyansahin ng $100 si Panabe. Pero bandang alas diyes na ng gabi nang siya ay makalabas doon dahil hinintay pa niya ang interpreter na tumulong sa paggawa niya ng pahayag sa pulis.

Bago siya umalis ay binigyan siya ng mga pulis ng takdang araw kung kailangan siyang muling mag report sa istasyon. Pinayuhan din siya na pumunta sa Labour Department para magsampa ng reklamo laban sa amo dahil hindi siya binayaran ng suweldo at kung ano pa ang dapat mapasa-kanya.

Isang linggo bago tumawag ng pulis ang kanyang amo ay medyo kinabahan na ang Pilipina dahil parang naiba na ang takbo ng utak nito, marahil dahil sa sobrang paghitit ng marijuana.

Bago nito, ika-3 ng Hunyo, ay may pumunta ng pulis sa kanilang bahay na may kasamang ambulansya dahil sinaktan umano ng amo ang ina nito. Ang matanda at alaga niyang 16 taong gulang ay kabilang sa mga dahilan kung bakit nagpigil si Taneba sa pag-alis.

Tinangka naman niya na sumangguni sa Philippine Overseas Labor Office pero sinabi daw sa kanya doon na gumawa ng pormal na reklamo laban sa kanyang amo para maaksyunan nila ang kanyang sitwasyon.

Pagkatapos palayain pansamantala ay tumuloy si Taneba sa shelter ng Konsulado, at kinabukasan ay inasikaso nila ng kapatid ang pagsampa ng reklamo sa POLO at Konsulado. Tumuloy din sila sa Help for Domestic Workers para magpatulong sa pagsasampa ng kaso laban sa kanyang amo.

Ayon naman daw sa mga pulis, maari siyang manghingi ng extension sa kanyang visa, at malamang ay payagan na din siya ng Immigration na humanap ng bagong amo sa Hong Kong, nang hindi na kailangan pang umuwi sa Pilipinas.

404 Philippine passports seized from suspected loanshark

By Vir B. Lumicao

A loan sharking operation busted by police in North Point looks to be bigger than initially reported, with more than 400 Philippine passports seized from a Hong Kong man and his Filipina helper who were arrested on Aug 13, a Consulate official said.

The passports were hocked by cash-strapped OFWs for quick loans from the 65-year-old man surnamed Chung.

The helper was arrested when police searched Chung’s flat in North Point for allegedly acting as his runner in the illicit business. A police spokeswoman said both Chung and his helper have been allowed to post bail but were ordered to report back to police in early September.

In an interview, Consul Paulo Saret said a total of 404 passports were recovered during the police operation.

The arrests came more than a month after a 64-year-old man was nabbed by police in a sting operation in Tsuen Wan on July 4 that led to the recovery of about 850 passports, mostly owned by Indonesian workers.

Saret said investigators of the North Point case had requested the ATN for contact details of the passport holders so officers could call and ask them to give police statements. He urged the passport holders to cooperate when the police call them.

Saret, head of the Consulate assistance to nationals section, reminded OFWs they are in Hong Kong to work, not to lend or borrow money.

“Huwag mangutang, huwag naman magpautang, kasi yung iba nagpapautang. Kapag hindi na mabayaran, problemado na, mag-aaway na sila nung nangutang,” Saret said.

He also advised the workers, especially those who need cash urgently, not to use their passports as loan collateral.

“Hindi iyan ang solusyon, madudoble o matitriple ang problema mo once na isinangla mo na ang passport mo. Yung interest mo, 120% per annum. Paano mo mababayaran iyon? At pagdating ng oras, hindi ka maiisyuhan ng passport basta-basta,” he said.   

Police said Chung was arrested at the corner of King’s Road and Shu Kuk St by officers from the Regional Anti-Triad Unit of Hong Kong Island while lending money to two Filipino women aged 29 and 37.

Chung allegedly lent money at 120 percent interest per year, which was twice the legal limit of 60%,  and collected passports and employment contracts as collateral.

The police spokeswoman could not say whether any more suspects had been arrested since
Chung’s arrest as part of the anti-loan-sharking operation codenamed “Sky Scroller and Thunderbolt 18”.

Aside from the passports, $100,000 cash, a laptop computer and two mobile phones, officers seized records of Chung’s illegal transactions.

Other reports said the illicit money lending had been in operation for two years, and targeted mainly Filipino domestic workers on Hong Kong Island.

Keep Our Children Safe, Never Leave Them Unattended

As discussed in previous articles, child abuse is not only limited to those acts that deliberately cause physical harm or involve the sexual violation of children but it also includes the physical and psychological threats and damage caused as a result of neglect. Because children generally lack the ability, knowledge and maturity to look after themselves and make the best decisions to keep themselves safe from harm, legislation is in place to protect them from being neglected and/ or left unattended.  Since neglect as a form of child abuse is a relatively broad topic, we will cover this in two separate issues. This article will focus primarily on the legal boundaries and advice related to children being left unattended.

As parents or child caregivers, most of us understand the importance of ensuring that our children are supervised at all times. However, what if we are really struggling to juggle work, chores and childcare? What if our children are independent or seem old enough to take care of themselves? What if our children are fast asleep at home safely? Surely, there is no harm in leaving them unattended for a short while? We believe many parents and child caregivers have encountered this dilemma, especially during long school holidays when their time is stretched to the limit with additional childcare responsibilities. 

In Hong Kong, the "Offences Against the Person Ordinance" (Cap. 212, clause 26-27) stipulates that any person who unlawfully abandons or exposes any child, being under the age of two years, whereby the life of such child is endangered, or the health of such a child is or is likely to be permanently injured; or any person who willfully assaults, ill-treats, neglects, abandons or exposes such a child or young person under the age of 16 years under his custody, charge or care in a manner likely to cause such a child or young person unnecessary suffering or injury to his health shall be guilty of a criminal offence. The maximum penalties are 10-year and 3-year imprisonments for conviction on indictment and summary conviction, respectively.

Readers may be aware that leaving a child under the age of two is dangerous and illegal, many of them may be surprised to read that leaving a young person as old as 15-years old unattended may also violate the law. Under the current legislation, whether a parent/ caregiver will be prosecuted for leaving child under 16-year old unattended depends on different factors such as the child's age and self-care abilities, whether the act has caused harm to the child, etc. 

In 2017 a mother took her 15-year old daughter to a local eatery for breakfast and subsequently left her there alone for five hours. The girl was unharmed but the mother was arrested for violation of Cap 212 after the staff of the eatery reported the case to the Police. 

According to the Social Welfare Department (SWD), 477 cases of child abuse were reported during the first half of 2017, amongst these, 102 (21.4%) were cases of child neglect. The report indicated that amongst all abuse cases, the majority of the abusers were the child’s parents (59.3%), followed by unrelated parties (10.9%) and family friends/ friends (9.4%). The 3 districts where most of the child abuse cases took place were in districts which have the lowest average household income, Yuen Long (12.4%), Kwun Tong (9.4%) and Tuen Mun (9.2%).  

The above report explained two points that we feel are worth sharing with our readers:

1. parents need to understand that ‘Parenting’ is not a private matter but may involve legal consequences

2. parents should be careful trusting someone to be a caregiver for their child, even if he/ she is a family friend

It is not easy for parents to juggle work commitments with their childcare responsibilities and it is more difficult for low-income or ethnic-minority families who are unfamiliar with or who do not qualify for local subsidized child care services and/or parenting workshops. Parents are advised to prioritize the safety of their child when making decisions about work and personal appointments. If in need of support, parents should consider contacting the Social Welfare Department (SWD), local authorities or NGOs including PathFinders to seek advice and support.

It is very common that parents, especially those from disadvantaged families seek childcare support from family friends. However, as indicated by the above figures, parents are reminded to ensure the selected caregivers are reliable, responsible and will not leave the child in danger or unattended.  

In November 2017, a mother trusted her friend and the friend’s partner to care for her 4-year old twin daughters. The mother picked up one of the twins after two days and left the other daughter to be cared for by her friend for another 10 days. During this time, the daughter was physically abused and fell into a coma as a result of brain injury after the mother picked her up. The caregiver and her partner were subsequently arrested for child abuse.   This could have been avoided if the mother had not assumed that her friends could be trusted to babysit her child.

As parents and caregivers, we are the people that our children look up to and trust with their health and safety. Although current legislation offers certain flexibility for authorities in the handling of child abuse cases under Cap 212 in relation to leaving children unattended, readers are advised to always make decisions in the best interests of their child(ren) in order to provide the best care and ensure their safety.

PathFinders provides counselling and education workshops to pregnant Foreign Domestic Workers in distress and their Hong Kong-born children about childcare and parenting, and equips them with knowledge and practical advice about children’s developmental needs, and advice on how to protect them from abuse, be that virtual, physical or verbal. For information about PathFinders’ workshops, please visit our website at www.PathFinders.org.hk or call our client hotline.

If you suspect child abuse, please call the Hong Kong Police at 999. If you need other general advice and support, please contact the Social Welfare Department at 2343 2255.

Pinoys warned against illegal gambling as police steps up patrol

Overnight gambling near City Hall bus stop prompted police action

By Daisy CL Mandap

The Consulate is again warning Filipinos in Hong Kong against gambling in public, in the wake of recent reports of stepped-up police patrols in known black spots in Central.

On Aug 19, the police reportedly approached a group of Filipinos who were congregating in Chater Garden, under the flyover leading to United Centre where the Consulate is located, to warn them against gambling.

Danny Baldon, officer at the assistance to nationals section of the Consulate, said another group that appeared to play for high stakes on the footbridge above the same site, had already been told off by the police only recently.

 

Gamblers were driven away from footbridge leading to United Centre in Admiralty

“Kailangan siguro na maglabas na naman kami ng warning sa mga nagsusugal at baka mag-umpisa na namang manghuli ang mga pulis,” Baldon said.

He acknowledged receiving a report just the other weekend of heavy betting among a group of Ilonggos near the City Hall in Central. According to the report, the gambling started on Saturday, Aug 11, and lasted until the next day, when more Filipino helpers took part because they were off work.

Those acting as bankers were reportedly two men, an Indian and a Filipino, who were also reportedly lending money on site to losing bettors so they would be encouraged to continue gambling even after using up all their cash.

Also known as favorite gambling areas among Filipinos are the HSBC Headquarters on Des Voeux Road, the parking lot beside St Joseph’s church on Garden Road, and the area around the General Post Office in Edinburgh Place where the mostly male bettors engage in online horse racing.

Baldon said Filipinos should take care not to be caught gambling in public as they could be arrested, and in the process, lose their jobs.

Hong Kong laws provide a maximum sentence of nine months imprisonment and a maximum fine of $30,000 on anyone convicted of illegal gambling.

Just last year, the Hong Kong Police enlisted the help of the Filipino community in its effort to stamp out crime, including illegal gambling.

3 Pinay ‘drug mules’ sentenced to 21-24 years in jail

Hong Kong's High Court 

By Vir B. Lumicao

Three Filipinas convicted of drug-related charges for bringing four kilos of cocaine into Hong Kong in September 2015 have been sentenced to between nearly 21 and 24 years in jail at the High Court.

Shirley Chua, Remelyn Roque and Ana Louella Creus were all sobbing even before Judge Audrey Campbell-Moffat of the Court of First Instance meted out the sentences at half past noon on Monday, Aug 20, after their lawyers argued for lenient sentences.

One of the suitcases where the cocaine was found

Chua was convicted of trafficking in a dangerous drug but acquitted of conspiracy to traffic the illegal substance at the end of a jury trial on Nov 14 last year. Roque and Creus were found guilty of conspiring to traffic in a dangerous drug.

A fourth co-accused, Maricel Thomas, was acquitted after trial on Nov 14.

Before sentencing, lawyers for the three cited a letter from the Philippine Consulate General saying that the vital information provided by the defendants during video recorded interviews had stopped cocaine trafficking from Manila to Hong Kong.

During mitigation, Roque’s counsel tried to contest the verdict, saying her client was convicted without the jury being able to establish a conspiracy beyond reasonable doubt. She also cited the vital information her client gave Philippine anti-drug authorities that led to the arrest Nora Noora, who organized the Hong Kong trip of the four on Sept 25, 2015.   

But Campbell-Moffat disregarded the grounds cited, saying Roque was the recruiter of the other drug carriers for that trip, and that the jury had considered her role and the large volume of phone messages between her and Noora as well as the other defendants in convicting her.

The judge sentenced Roque to 22 years and 11 months in jail.

Chua, aged 46 at the time of her arrest three years ago, received a 20-year and 11-month sentence for drug trafficking.

Creus was sentenced to 24 years and five months for her role in handing over two suitcases containing about 2 kilos of cocaine to two black men in a lift lobby in Chung King Mansions.

       

The judge gave a six-month discount in the sentence of each of the defendants for participating in an anti-drug trafficking campaign by correctional chaplain Fr John Wotherspoon. They also got a further 7% off their sentences for sharing information that led to the arrests in 2015 of Laguna-based Ugandan drug lord Rufus Katumba and his wife Marilyn Ramos.

Chua and Thomas were arrested on Sept 25, 2015, after their two suitcases yielded about 2 kilograms of cocaine during a Customs check at Hong Kong International Airport.

Customs officers pounced on Roque and Creus as they were about to board a flight back to Manila on Sept 27 after delivering two suitcases believed to contain a kilo each of cocaine to a consignee at Chung King Mansions in Tsimshatsui.

Thomas was acquitted of all charges.

The prosecution said the defendants conspired with Noora, who met with all four in Roque’s house in Cavite on Sept 23, 2015 and briefed them on their mission in Hong Kong.  Noora also booked their air tickets, provided them the four traveling bags containing the cocaine slabs, gave them $1,500 each shopping money and specific instructions to take the bags to Chung King Mansions.

.

Thomas joined the group at the last minute after a boyfriend of Noora changed his mind a day before departure, the court was told.

The four split in groups of two when they landed in Hong Kong and Roque and Creus went through Customs without any hitch. When Chua and Thomas went missing following their arrest, Noora kept in touch with Roque, giving directions regarding the delivery of the two suitcases.

Relatives of Creus, single and a dentist by profession, were in the gallery during the court session and approached the dock where the convicts were after the sentencing.  

Labatt suspends HK agency, helps DH recover bulk of illegal fee

Labatt Romulo suspended an agency that stamped the
contract of an OFW who was charged illegal fees

By Vir B. Lumicao

A Hong Kong employment agency has been suspended by the Philippine Overseas Labor Office for acting as a sub-agent of a local agency that had allegedly charged a newly arrived Filipina helper a $12,500 “placement fee.”

An official of the suspended agency also returned $5,000 of the $7,500 that Olga Pereira had already paid, and handed back her passport during a meeting in the office of Labor Attaché Nida Romulo on Aug 19.

Romulo did not identify the agency that had stamped (or allowed its name to be used) in the employment contract of Pereira, but the domestic worker named it as Top Wealth Employment Agency, which has its offices in Blissful Building on Des Voeux Road, Central.

The owner of Vast Sky Employment Ltd, which placed Pereira in Hong Kong on Apr 11, did not show up at the Polo meeting.

“We suspended the processing of contracts from that agency (Top Wealth) on the very day the worker came here to file a complaint,” said Romulo in an interview. “It acted as a sub-agent and the owner knows that is against the undertaking that it had signed with Polo,” she said.

Romulo would not say how long the suspension would be, saying that will be determined by her superiors.

She said workers who are overcharged by agencies should not be afraid to come out and file a complaint at POLO.

“We will act immediately against any agency once we receive a complaint,” she said.

An amendment in February this year of laws governing employment agencies in Hong Kong has criminalized the overcharging of placement fees, with the maxium penalty set at three years imprisonment and fine of up to $350,000.

Pereira complained to POLO on Aug 12 that Vast Sky had demanded that she pay $5,000 by Aug 14, on top of the $7,500 that she had already paid. She told Romulo that she paid the agency $2,500 cash upfront in Manila, and made two monthly payments of $2,500 each to the agency when she arrived in Hong Kong.

Pereira also told Romulo that the agency had kept her passport as a security for the illegal fees.

A check by Romulo found out that Vast Sky, which operates from Seven Seas Shopping Centre in North Point, was not accredited by Polo. On finding that Top Wealth had stamped the worker’s contract, Romulo called the company’s representative to her office.

She also advised the worker that she can report Vast Sky to the Employment Agency Administration for overcharging and keeping her travel document.

When Polo called up an executive of Vast Sky to tell him about the complaint, he in turn rang Pereira and told her how upset he was about her move. The worker said the agency representative had offered to waive the remaining $5,000 and invited her to the agency on Aug 19 to settle the issue, but Romulo told the worker not to go.

“We’ll ask them to come here, don’t go to the agency,” Romulo said.

The agency executive also reportedly contacted Pereira’s employer to tell him about the worker’s complaint. But instead of siding with the agency, the male employer told the helper not to worry because he knew the payment was illegal.

Huwag magsanla ng pasaporte!

Ganoon na lang ang gulat at takot ni Rosemary nang may tumawag sa kanya sa telepono noong ika-14 ng Agosto at nagpakilala na isang pulis ng Hong Kong. Tinanong siya kung nangutang ba siya sa isang tao na nangangalang Edgar, at ibinigay ang kanyang pasaporte bilang pang-seguro. Dahil sa takot ay sinagot niya ito ng “No”, gayong alam niya na may pinahiram siya ng kanyang pasaporte para gamitin ito sa pangungutang. Dali-dali niyang tinawagan ang kanyang kaibigan na nanghiram ng kanyang pasaporte, at doon niya nalaman na nahuli ng mga pulis ang “kuya” na pinagsanlaan nito ng passport niya noong nakalipas na araw, ika-13 ng Agosto, sa North Point. Agad-agad niyang tinawagan ang tinawag nitong “kuya” na isang Intsik, pero hindi na nag-ring ang telepono nito. Ayon sa balita, hinuli ang Intsik at pati ang katulong nito na isang Pilipina din dahil sa pagpapautang na ang tubo ay umaabot sa 120 percent, doble sa legal na interes. Tarantang taranta si Rosemary at hindi malaman ang gagawin. Iyon ang unang pagkakataon na pumasok siya sa ganoong transaksyon, na hindi pa siya mismo ang nangangailangan. Kung tutuusin, maliit lang naman ang perang kailangan ng kaibigan niya at marami naman itong kakilala na pwede niyang malapitan para mangutang, pero hindi niya alam kung bakit agad siyang nagpadala sa pakiusap nito. Mabuti na lang at wala sa Hong Kong ang mga amo niya na kapwa guro dahil umpisa na ng bakasyon ng mga estudyante, kaya agad siyang nakapunta sa Konsulado para humingi ng payo. Pagkatapos siyang pakinggan ni Danny Baldon ng assistance to nationals section ay sinabihan siyang gumawa ng salaysay, at saka pinag-affidavit para makuha niya ang bagong pasaporte niya na nakatakdang ilabas sa ika-3 ng Setyembre. Kailangan kasi na ipakita ang lumang pasaporte bago ibigay ang bago. Tinanong ni Rosemary ang opisyal kung nai-report na sa kanila ang mga pangalan ng mga nagsanla ng pasaporte, at sinabi sa kanyang hindi pa. Gayunpaman, hindi na rin naman maibabalik ang mga nasamsam na pasaporte dahil gagawin itong ebidensya kapag kinasuhan na si Edgar na usurero, at pati ang katulong nitong Pilipina na ayon sa pulis ay tumutulong na kumuha ng kliyente para dito. Tinawagan ni Rosemarie ang isa pang tumulong sa kanya at tinanong kung kokontakin daw ba ng mga pulis ang kanyang amo para sabihing isinanla niya ang kanyang pasaporte. Saka lang siya nakahinga ng maluwag nang sabihin na malamang na hindi dahil pribabong transaksiyon naman ang pangungutang, at tanging ang mga kolektor lang naman ang laging nagsusumbong sa amo para pilitin ang isang katulong na magbayad. Gayunpaman, nangako si Rosemarie sa sarili na hinding hindi na niya gagamitin o ipapagamit ang pasaporte sa iba, sa pangungutang man o sa iba pang bagay. Ayon na rin sa payo sa kanya, ang pasaporte ay pag-aari ng pamahalaan ng Pilipinas, at hindi dapat ipagamit ng isang pinagkalooban lang nito. Nakatulong din ang nangyari para mapagtanto niya na ang isang tunay na kaibigan ay hindi gagawa ng anumang ikakapahamak niya. - Rodelia Villar

What happens when your employer dies owing you?

By Vir B. Lumicao

What will happen if your employer dies?

Ordinarily, this ends your employer-employee relationship. And based on that, you can find a new employer and have your papers processed without having to leave Hong Kong.

But what it your employer owes you your salary and long-service pay.

For two Filipinas, the answer needs to come from the court, because they 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 due them.

The question also goes beyond the jurisdiction of the Labour Tribunal, so their case was transferred 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.

Pinays in online sex case ‘ready to plead guilty’

All five defendants in an online sex ring, including two Filipinas, have decided to plead guilty to the charges against them, Eastern Court was told on Aug. 10.

But Magistrate Peter Law said there was a parallel investigation still being conducted in connection with the case, but did not elaborate.

The statements were made in court as Filipinas Joan Palpal-latoc, 40, and Jeanette Gallego, 47, again appeared on charges of “living on the earnings of prostitution of others.”

Charged with them are their 69-year-old employer identified only as “Ms Wong,” her 72-year-old sister, and a local man. All three are out on bail.

The Filipinas who are detained, chose not to follow up on their application for bail, even after prosecutors lifted their opposition to their bid at a hearing on Aug. 10.

Thus, Magistrate Peter Law ordered the pair back in jail, and to return on Sept. 7 for the next hearing of their case.

The two had earlier offered to post bail of $25,000 each, but the prosecution opposed the application, citing their lack of local ties and arguing they were a flight risk.

No reason was given in court as to why the paid did not renew their bail bid.

Prosecution decided to drop its opposition to granting bail to the two when prodded by magistrate Law, who asked why the defendants were still being held while their case had been stuck in court for three months.

Palpal-latoc and Gallego  who had been in Wong’s employ since 2009, were arrested during a police raid on May 15 while allegedly manning the computer terminals in a flat on the 43rd floor of Tavistock II residential block on Tregunter Path in Mid-Levels.

Their three co-defendants were arrested with them at the time.

Their defense lawyer said Palpal-latoc and Gallego only had minor roles in the operation as they were not allowed to collect money from clients, among other duties.—VBL