Pinay moms win initial court bid to question their expulsion from HK

By The SUN

Pinay moms allowed by HK's highest court to question Immigration's right to expel them

A long-standing case that raises the important issue of whether a non-resident parent of a minor child with right of abode in Hong Kong could be allowed to remain in the territory, is set to be heard at the High Court on Feb. 28 next year.

This was after the Court of Final Appeal granted leave today, Nov. 7, to two Filipinas, Milagros T. Comilang and Desiree R. Luis, as well as their co-appellant children, to question the Immigration Director’s decision refusing the mothers to stay in Hong Kong.

Comilang has been fighting for her right to remain in the city with her now 12-year-old daughter Zahra since 2007. Luis, who has three sons, David John, now 16; Carl Benz, 14; and Mark Joely, 7; initiated her case in 2012.

The CFA, through Justices Roberto Ribeiro, Joseph Fok and Frank Stock, granted leave after deciding that the case involved an issue of "great general and public importance". 

The decision was an initial victory for the applicants’ fight to enjoy family together in Hong Kong, after suffering initial setbacks at both the Court of First Instance and the Court of Appeal.

The applicants raised the question of whether the Immigration director was obliged by law to take into account the rights of the children when deciding whether their parents with no right of abode should be allowed to remain in Hong Kong.

A final decision on the case could impact thousands of children born in Hong Kong to parents who are mostly foreign domestic workers, or those who have overstayed their visas but are allowed to remain either to pursue an asylum application, or for other reasons. 

During the hour-long hearing, a significant number of asylum-seekers and their children, as well as supporters from NGOs and rights groups, arrived and filled the court’s gallery, leading security personnel to open an adjacent hall for spillovers.

Not one of the applicants was around, but all were represented in court by lawyers from Daly & Associates. 

The case stemmed from the Immigration Director’s refusal to allow Comilang and Luis, who have lived in Hong Kong for 21 and 27 years, respectively, to remain here and take care of their children, two of whom are said to have serious health problems.  

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Culprit free as Pinay in Happy Valley car mishap still bedridden

By Vir B. Lumicao

Gandalera lies in pain after being hit by the wayward Jaguar

A Filipina helper is still bedridden in hospital with a fractured pelvic bone and a hip injury after being hit by a runaway car in a Happy Valley carpark on Oct 16.

Police say no arrest has yet been made, and no charges filed against the unidentified driver of the wayward Jaguar sport utility vehicle that caused the accident.

Sally Midriano Gandalera was injured when the SUV hit her employer’s car which she was cleaning at the time inside the carpark on Broadwood Road. The impact threw her to the ground, where she lay bleeding and in pain until paramedics took her to Queen Mary Hospital in Pokfulam.

Gandalera was visited at the hospital on Nov 2 by officers of the Overseas Workers Welfare Administration Hong Kong after The SUN relayed information obtained from the police about her case.

Welfare officer Virsie Tamayao reported to Labor Attaché Jalilo dela Torre that Gandalera was undergoing therapy from the hips down after sustaining a left hip dislocation and pelvic bone fracture.

She showed a medical report indicating that Gandalera also suffered a lacerated scalp.

"She is undergoing therapy from the hips down," said Tamayao.

She said the patient still can't walk or get up but can already talk.

Tamayao said Gandalera’s employer is pursuing the case, which is still being investigated by the Police Traffic Accident Bureau. However, claims for employee compensation and from the Traffic Accident Victims Assistance scheme have yet to be filed.

Gandalera has two sisters who are also working in Hong Kong but are reportedly unable to help in the filing of claims because they can only go out on Sundays.

Boracay reopens with new rules: Will it still be a fun place?

After six months of “rehabilitation, Boracay Island has re-opened. Tourists have landed by the boatload on the popular beach destination that re-opened with a set of new rules.

President Rodrigo Duterte ordered the closure of the tiny white-sand island in April, declaring it a “cesspool” where businesses flushed raw sewage into the once pristine turquoise waters and trash soiled in beaches.

Several hotels and restaurants were ordered to stay closed because they did not meet standards, while just fewer than 160 tourism-related businesses have been approved to re-open.

Tourists were greeted with new restrictions that cap the number of visitors as well as a beachside boozing ban and efforts to build up island infrastructure. Among the new rules is the limit on the number of visitors to 19,200 tourists on the island at any one time, with the government aiming to enforce that by controlling the number of available hotel rooms.

Drinking and smoking are banned and the huge multi-day beach parties dubbed “LaBoracay” that drew tens of thousands of tourists during the May 1 Labor Day weekend will be a thing of the past.

Once a quiet hideaway favored by backpackers, Boracay was transformed by overdevelopment into a mass destination seeing some 2 million visitors per year.

The beachfront is cleared of the masseuses, vendors, bonfires and even the builders of its famous photo-op sandcastles it was once crowded with.

All watersports save for swimming are also banned for the time being, while Boracay’s three casinos have been permanently shut down in line with Duterte’s wishes.

Buildings were bulldozed and businesses pushed back to create a 30 – meter (98-foot) buffer zone from the waterline.

Away from the water the sound of machinery and hammering echoed in the air as resorts made improvements to meet new requirements and crews toiled away on a widened main road.

Boracay, which major tourist magazines consistently rate as among the world’s best beaches, measures a mere 1,000 hectares. Yet it saw up to 40,000 sun worshippers at peak times, with tourists spending $1 billion a year but also leaving mountains of garbage and an overflowing sewer system.

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Bill revives law vs premature campaigning

Three senators are seeking to revive a law that prohibits premature campaigning.

Senators Aquilino “Koko” Pimentel III, Richard Gordon, and Leila de Lima have filed Senate Bill 2064 restores the provision in the Omnibus Election Code that criminalizes campaigning long before the election period has set in.

The bill had passed public hearings by the committee on electoral reforms and people’s participation chaired by Pimentel.

The panel’s Committee Report No. 492 redefines “candidate” as someone “who files his certificate of candidacy (CoC) within the period provided by the Commission on Elections (Comelec).”

The bill penalizes any form of partisan political activity by a candidate prior to his filing of CoC or way before the start of the official campaign period.

Under Sections 80 and 264 of the Omnibus Election Code, premature campaigning is considered an election offense punishable by imprisonment of not less than one year but not more than six years, as well as disqualification to hold public office and deprivation of the right of suffrage.

In the existing law, Republic Act 9369, a person seeking elective position is considered a candidate only during the entire campaign period. In effect, it decriminalized “premature campaigning, SB 2064 pointed out.

“The unfair repercussions of this rule are far and wide. It propagates political inequality as it unduly favors rich or popular candidates over poor or less popular candidates,” Gordon said.
“It also negates transparency and accountability as it shamelessly excludes such premature campaigning from the regulation of campaign finance and the limitations on election campaign and expenditures,” he said.

Gordon added: “The barrage of political advertisements on TV and radio and the obvious electioneering or campaigning by many candidates way before the start of the official campaign period in the last elections were too much to be ignored.”

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Consulate hosts jewelry exhibit and workshop

Consul General Antonio Morales leads the ribbon-cutting at Helena Alegre exhibit .

The Philippine Consulate hosted a one-night exhibit, “Jewel of the Night,” featuring the exquisite creations of Philippines-based jewelry designer Helena Alegre on Oct. 23.

Alegre, who is famous for her traditional filigree designs in silver, also held a free workshop on jewelry making, including beading, wire looping and wrapping two days earlier, also at the Consulate.

She donated one of her creations to the charity auction of the International Care Ministries, held on Oct. 24, to partly fund its mission to help ultra poor communities in the Visayas and Mission. PCG photo

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