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HK revokes employment agency's license

Posted on 25 June 2019 No comments
The building where Employment Agencies Administration is located. Photo: Google

The Labour Department has revoked the license of an employment agency it found to have been "getting involved in the financial affairs of foreign domestic helpers (FDHs)" and withholding their passports.

In a statement, LD identified the agency as Perfect World Employment Services Co located in Tai Po.

It said the company failed to meet the requirements set out in the Code  of Practice for Employment Agencies.

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Perfect World is the second employment agency to have had its license revoked so far this year.  Last year, there were eight cases of revocation or refusal of renewal of EA licences.

Last May 28, the LD announced it has revoked the license of Fardiansyah International Limited, located in Yau Ma Tei, for failure "to meet the standards set out in the Code in various aspects."

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These included "having its management fail to closely supervise their staff in relation to the provision of job-placement services, failing to draw up service agreements with foreign domestic helpers (FDHs), failing to send a copy of the completed standard employment contract (SEC) to FDHs as soon as practicable, failing to return the passport directly to the job seeker without delay upon obtaining the employment or relevant visa for the job seeker concerned, and failing to provide FDHs with a copy of the sample SEC in their mother language."

A spokesman for the Labour Department (LD) reminded operators of employment agencies (EAs) to conduct their business in compliance with the law and the requirements of the Code  at all times.
 
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Under  the Employment Ordinance (EO), the Commissioner for Labour may revoke the licence of an agency if he is satisfied that the licensee concerned has not complied with the Code.

"The Code sets out the salient legal requirements that EA operators must observe in operating their business, as well as the minimum standards which the Commissioner expects from EAs.

"The Employment (Amendment) Ordinance 2018, which came into effect on February 9, 2018, stipulates that the Commissioner may refuse to issue or renew a licence, or may revoke a licence, if he is satisfied on reasonable grounds that the licensee or the person intending to be the licensee of an EA, or a related person of or an individual employed by the licensee or the person intending to be the licensee has contravened any provision of Part XII of EO or any regulation made under section 62 of EO, such as overcharging job seekers or unlicensed operation, or has not complied with the Code issued under section 62A(1) of EO," the spokesman added.

For inquiries about matters related to EAs or complaints about their malpractices, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.
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Filipina, Nepali jointly charged with drug trafficking

Posted on 24 June 2019 No comments

By Vir B. Lumicao

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Kowloon City Court building

A Filipino female and a Nepali male appeared in Kowloon City Court today, Jun 24, to face two counts of trafficking in dangerous drugs. The quantity and value of the drugs involved were not mentioned.

The two, Ivy Joy Bolante and MD Golam Kibrea, were both remanded in custody by Magistrate Woo Huey-fang who also told them to return on Aug 6 for the transfer of their case to the District Court.
The visa status of the two accused, or details of the case against them, were not disclosed.

Bolante’s counsel offered to increase the previously offered bail of $10,000 to $12,000, but Woo declined at the request of the prosecution.

No bail application was made on Kibrea’s behalf.
The prosecution said the remand case had been adjourned previously for DNA and fingerprint analyses of the two defendants.

But no fingerprints from either suspect were reportedly found on the packaging of the drugs they had been accused of trafficking.
Both defendants also have no criminal records.

The prosecution asked for an adjournment to await the results of the DNA test on the two suspects.
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8 months jail for Pinay used by FB boyfriend to launder $700k

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By Vir B. Lumicao

A Filipina helper who opened two bank accounts that were used by her online boyfriend to funnel nearly $700,000 of illegally earned cash was sentenced today, Jun 24, to eight months in jail after pleading guilty to two counts of money laundering.

Jeannette V. Rodriguez, a 48-year-old mother of four, could not stop crying as the summary of the case against her was read in Eastern court before Magistrate Peter Law.

Magistrate said Rodriguez had no criminal intent but was a victim of an an internet romance that turned into a crime 
Rodriguez was charged with two counts of “dealing with property known or believed to be proceeds of indictable offence,” arising from cash transactions made using a Hang Seng Bank account she opened in 2017 and a Bank of China account opened last year.
The accounts had been used by a certain Mr Brown, who Rodriguez met on Facebook, as depository for money earned through illicit means. These included romance scams he perpetrated on four other women, whose nationalities were not disclosed, also through Facebook.

Rodriguez opened the first savings account with Hang Seng Bank on Apr 18, 2017 supposedly for the payment of her salary as a domestic worker.

But between Apr 27, 2017 and Jun 15, 2018, several cash deposits totaling $551,700.34 were made into the account.

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The rest of the money was deposited into the Bank of China account Rodriguez opened on Mar 16, 2018 and was in operation for only just over a month, or until Apr 26 that same year.

Between February and April 2018, the four women in Hong Kong reported they had fallen prey to online romance scams in which the culprit lured them into remitting a total of $140,300 and $15,900, respectively, into Rodriguez’s Hang Seng and BOC accounts.

It was not clear where the rest of the money deposited into her two accounts had come from.
All the money was withdrawn within days of being credited to the accounts.

Police arrested Rodriguez on Aug 6, 2018 at her home and investigated for six days regarding her Hang Seng account. She admitted to investigators that she owned and controlled the account but had done transactions on instructions of “Mr Brown”.

The defendant told police she had not met Mr Brown personally but that he had allowed her to keep $12,000 from a cash transfer of $100,000 to her account, on condition that she remitted the remaining $88,000 to an account in Taiwan.

A police search of her address yielded a remittance receipt dated Feb 28, 2018, for $88,000 that she sent to an account in Taiwan First Bank.

Rodriguez was questioned in October last year on other transactions that were found in her Hang Seng account but she refused to answer.

On Nov 16 last year, Rodriguez was arrested again for her BOC account transactions. She admitted owning that account which she said she opened because Hang Seng had suspended her other account. She refused to answer questions.

A total of $591,785.34 passed through the Hang Seng account over 14 months, between Apr 27, 2017 and Jun 15, 2018. The total amount involved in the first charge was $551,700.34, and $125,800.70 in the second charge.

Rodriguez was charged on Jan 15 this year and has been detained since then.

In mitigation, the defense lawyer said Rodriguez came to Hong Kong as a helper in 2012. Separated from her spouse, she was the breadwinner for her two daughters and two sons.

The lawyer said Rodriguez fell for Mr Brown although they had not met personally and followed his instructions because of the money that she received from the transactions which she sent to her children for their support.

“Money laundering is a serious offense, especially because of its international element,” Magistrate Law said.

But he noted that the defendant had no criminal intent but was merely drawn into an internet romance that turned into a crime.
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Cubao-Makati drive in 5 minutes on EDSA?

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Traffic on EDSA. Relief by December? Photo from MMDA

President Rodrigo Duterte has set a target of five minutes for travel from Cubao to Makati by December on EDSA, the highway with the heaviest vehicular traffic in the Philippines , and officials are scrambling to meet it..

Duterte sparked the move after he told Pastor Apollo Quiboloy in his program, “Give Us This Day”: “You just wait. Ayaw ko mag-ano but things will improve maybe God willing, December smooth sailing na. You don’t have to worry about traffic. Cubao and is just about five minutes away.”

Bong Nebrija, Edsa traffic head of the Metropolitan Manila Development Authority, said the task force “CubMa” or “Cubao-Makati” has been created to pursue the target. “Alam niyo naman po lahat ng pronouncement ng Pangulo, it becomes a directive and a mandate not only to MMDA but to all government agencies,” Nebrija said in an interview over dzMM.

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 “We will enforce traffic laws. If masusunod ‘yun, I think masosolusyonan ‘yung order ng Presidente (If traffic laws are obeyed, I think the order of the President can be realized),” said the director of the Philippine National Police–Highway Patrol Group, Brig. Gen. Roberto Fajardo told the Inquirer in an interview. He added that patrolmen under his group will have 50 new BMW motorcycles to use for enforcement.

Other measures, he said, include strict enforcement of the use of bus lanes, closure of bus terminals along Edsa, and moving the motorcycle lane to  the third lane from the fast lane.

Fajardo said the target can be hit even earlier than Duterte’s deadline. He added that his unit proved that this is possible with a police-escorted drive at midnight from Cubao to Guadalupe, on the edge of Makati.

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How will this be made possible when the speed limit on EDSA is 60 kilometers per hour, and the distance between Cubao and Ayala Ave. is 12.9 kilometers—which means that even without traffic, such a drive will last 12.8 minutes?

Presidential Spokesman Salvador Panelo told reporters: “Surprise! He has something on his sleeves.”

Although he did not elaborate, Panelo pointed to Congress where the president now enjoys a supermajority in both houses: “Congress knows what is the problem so it should know what to do to respond to the situation. After all, they are there, just like the President, to serve the Filipino people. And that includes putting the riding public in a convenient situation.”

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On Feb. 24, the President lamented in a speech in Biñan, Laguna, that of all his campaign promises, solving the traffic problem on EDSA was his only failure. “Wala akong pangako na hindi ko natupad except ‘yang Edsa,” he said. “Nangako ako na free tuition, nandiyan na ang batas. Nangako ako na free universal health care, pirmado ko na ang batas. Ano pa naman gusto? Iyong Pantawid, sabi ko itutuloy ko. Saan kukunin ‘yan? Nandiyan sa TRAIN lahat ‘yan,” he added.

He said Congress did not give him the emergency powers on EDSA for fear of corruption.

“Ako naman sabi ko, hindi ko sinabing walang bidding. I said I would need money to repair or rehabilitate or do away with the present situation. Sabi ng iba, mga congressmen, ‘Let us give Duterte the power, extraordinary power.’ Hindi ninyo narinig ‘yun sa bunganga ko ni minsan, kasi alam ko. Kasi alam ko,” Duterte said.

“So  anong narinig ko sa — sa Congress? Hindi sila. ‘Ah, hindi pwede ‘to baka, you know, ang graft and corruption papasok dito.’ Eh sabi ko nung narinig ko — hindi, it’s off. Take away it from the table. Ayaw ko. Sa umpisa walang nag… Kung nag-iistorya ka ng corruption, ay p***** i**, inyo na ‘yan,” he said.
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