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Filipina recruiter jailed 2 years for fake FDH visa scam

Posted on 26 July 2019 No comments

By Vir B. Lumicao

Osias brought into HK 12 fellow
Filipinos on fake FDH contracts
 
A Filipina who owned a  defunct employment agency in Hung Hom was sentenced on Jul 24 to two years in jail for using fake documents to help 12 fellow Filipinos stay in Hong Kong on foreign domestic helper visas.

Myrna Q. Osias, owner of D’Sun Employment Services which used to have its offices at Planet Square in Hung Hom, pleaded guilty before District Court Judge Louisa Lai to charges of forgery and conspiracy to defraud.

Five other Filipinos involved in the case had been convicted earlier at the Magistrates Court of making false representation to an immigration officer and breach of condition of stay.

In a media briefing conducted after Osias’ conviction, immigration officers said the Filipina made up false employers, used illegally obtained copies of Hong Kong identification cards and forged documents to help the Filipinos obtain domestic helper visas.
The activities of Osias, a 55-year-old Hong Kong resident, had been under Immigration scrutiny since December 2017, when the department detected several suspicious pay-TV service bills submitted for FDH visa applications through D’Sun Employment.

It turned out Osias had been using the pay TV bills as proof of residence for several FDH applicants with different addresses but with the same bill account number.

After months of in-depth investigation, a syndicate with Osias as the mastermind was identified as having arranged for Filipinos to work in Hong Kong illegally by using false FDH contracts.
In March 2018, the Immigration Department arrested 14 persons, including Osias, four other Hong Kong residents and nine Filipinos who had applied for the FDH visas using falsified documents.

Two computers and a considerable number of false instruments were seized, including originals and copies of forged bank statements and pay-TV service bills.

Investigators discovered Osias used unlawfully obtained Hong Kong ID card copies and false salary and residential proof, such as forged bank statements, electricity and gas bills, as well as telecoms service and pay-TV service bills to apply for FDH working visas.
Osias was prosecuted and sentenced to 24 months in prison after she pleaded guilty to six counts of conspiracy to defraud and five counts of using copies of false instruments.

Of the bogus FDHs arrested, five were prosecuted and convicted of making false representation to an immigration officer and breach of condition of stay. They were given various sentences, with the longest being four months in jail.

Investigation of the other suspects is continuing, Immigration said.

An Immigration spokesman said in a press release that those who make, possess or use fake documents or conspire to do the same, are liable to a maximum penalty of 14 years' imprisonment.

Those who make false representation to an immigration officer, on the other hand, face imprisonment of up to 14 years, and a maximum fine of $150,000.

Immigration officers said at the briefing that 23 people have been arrested so far this year for fake domestic helper contracts, a marked increase from the 33 arrested for the same offence for the whole of last year. 
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Debt-troubled Pinay helper plunges to death in Kowloon

Posted on 25 July 2019 No comments
The building where the victim lived.


By Vir B. Lumicao

A Filipina domestic worker has apparently taken her own life due to stress over financial problems, according to police and Consulate sources.

The victim (name withheld), 40 and single, plunged to her death on Monday afternoon, Jul 22 from her employer's flat at Manhattan Hill residential tower in Lai Chi Kok, Kowloon, according to her friends.

The police and the Consulate both confirmed the report. 

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A police spokesman said they received a report around 5pm on Monday that a woman’s body was found on the podium.

Officers who responded certified the victim was already dead when they arrived. They said there was no suspicious element and her death was related to monetary problems and debt. They classified the case as “falling from height.”

Welfare Officer Virsie Tamayao of the Overseas Workers Welfare Office told The SUN that based on the Consulate’s report, the victim was apparently troubled by debt.

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Danny Baldon, officer of the Consulate’s assistance to nationals section, said relatives of the victim have been contacted.

On Wednesday, the helper’s employer, accompanied by her employment agent, went to ATN to work on the repatriation of the remains of the deceased, Tamayao said. The body is now at Kwai Chung Public Mortuary.

Tamayao said the worker’s immediate relatives will receive a PhP120,000 death benefit from OWWA, and proceeds from the mandatory insurance for first-time OFWs that she took out in the Philippines.

The deceased .arrived in Hong Kong in December 2017 on her first domestic helper contract.

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Tamayao said no date has yet been set for shipping the victim’s body to her hometown of Candelaria, Quezon, as clearance from the Coroner’s Court is being awaited.         
News of the tragedy was first reported in the Facebook page of Bicol Migrants Association as the deceased's father was reportedly from Virac, Catanduanes,.

BMA chairman Art Buban said he was puzzled because a photo of the victim lining up at the check-in counter at the airport was posted by one of her friends. But instead of taking her flight to Manila the victim apparently went back to her employer's flat, along with her luggage.

The next thing they knew, she was already dead. 

BMA member Bhebs Leonardo said in a group chat that the victim had sent her a message, threatening to jump off a window because a lending company had been bugging her about her debt.

Outgoing Labor Attaché  Jalilo dela Torre said in reaction to the tragedy: “There's not much we can do because those are extremely personal decisions. But if you know of any friend or relative suffering from depression, you may reach out to the Good Samaritan," in reference to a Hong Kong NGO that provides telephone advise to depressed people.

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Whiz kid tapped to upgrade POLO’s system

Posted on No comments
By Daisy CL Mandap
Growing up in HK, Deverall dreamt of giving back to the migrant community here. Polaris has made the dream happen.

A 23-year-old tech whiz is set to revolutionize a 13-year-old system that the Philippine Overseas Labor Office has been using to gather data on workers, blacklist abusive employers, and monitor the performance of recruitment agencies.

Jaime Diaz Deverall, who just graduated from the elite Stanford University in California with a degree in computer science, magna cum laude, is the chief executive officer of Polaris Tools Limited, which was chosen in March this year to upgrade Polo’s computer system.

But Deverall, who is half-Australian, half-Filipino, and whose mother Benjie comes from the same prominent family as former Miss Universe Gloria Diaz, is not just any techie, but is a smart young man with a heart.
Having spent the first 13 years of his life in Hong Kong, he says he decided to come back to give back to the migrant community.

Bolotin helped create the software
“We had yayas while growing up, and I heard a lot of stories from them about the difficulties faced by migrant workers,” he said.

This claim is not difficult to believe. With his impressive academic credentials and engaging personality, Deverall could easily land a plum job in Silicon Valley, America’s tech heartland.

Instead, he decided to return to protest-wracked Hong Kong, eager to launch the system he says will greatly streamline Polo’s operations, and as a consequence, benefit the nearly 220,000 Filipino migrants who work here.
Fired by this vision, he managed to convince a fellow Stanford graduate, Jonah Bolotin to join him in the venture by taking him around Central one Sunday, and pointing out to him the throngs of women who could benefit from their work.

Deverall says he first saw an opportunity to lend his expertise to the community after he was introduced to Hong Kong University principal lecturer David Bishop sometime last year.

Bishop told him of Labor Attache Jalilo dela Torre’s request for proposals to introduce a new system, and he immediately grabbed the chance to fulfill his lifelong advocacy. He and Bolotin teamed up with Bishop’s Migrasia Global Solution in drawing up the bid for a new system.
In January this year, Deverall’s group was asked to present its proposal before a panel composed of four Polo officials led by Dela Torre, and an agency representative. 

Within days, Polaris was declared the winner, besting four other contenders, including the existing systems provider, EmployEasy. The contract between Polo and Polaris was signed two months later.

Bishop served as the link to Polo
As part of its undertaking, Polaris installed 10 computers early this month at Polo, along with three routers meant to speed up the office’s internet service ahead of the installation of the new system by September this year.

All the hardware came at no cost to Polo, along with the technology and the software that took Deverall and Bolotin six months to develop, and are still fine-tuning before its expected delivery date.

And yet, despite the distinct advantage of having a new, more efficient and cost-free system that will help Polo provide speedy and efficient service to its clients, some employment agencies have opposed the project.

A letter sent to Labor Secretary Silvestre Bello III earlier this week supposedly by a “Group of HK agencies seeking for justice,” alleged that Labatt dela Torre had awarded the contract to Polaris without public bidding.

Deverall is quick to dismiss this allegation, pointing out that Polaris had put in a proposal, then joined four other pre-selected groups in making a presentation to the Polo panel before the contract was awarded to them.

“We won it fair and square,” he says. “As Labatt Jolly said, we won it because we were the only ones with an actual system built.”

In the anonymous letter to Bello, Bishop’s participation in Polaris was questioned, as he is well known in the industry as the founder of Fair Employment Agency, which prides itself as the first “ethical recruitment agency” in Hong Kong.

To counter this, Deverall showed papers filed with Hong Kong’s Companies Registry showing Bishop had resigned from both FEA and FEA Foundation in February and May last year, long before Polaris made the bid for the Polo system.

Even the installation of the free computers and routers in Polo was turned into a big issue by the unknown agency operators, who accused Deverall and his team of tampering with the system.

What really happened, says Deverall, was that he and his team had gone to Polo at about 7:30 that morning to install the new hardware, when a woman started screaming at them to get out, accusing them of intruding. The woman turned out to be a former staff member of an agency that was closed down late last year by the Employment Agencies Administration for serious violations of the industry’s Code of Practice.

Lyndsay Ernst of Migrasia signs contract for Polaris and Labatt Jolly dela Torre for Polo. Welfare Office Marivic Clarin looks on

In the contract it signed with Polo, Polaris is described as a social enterprise whose primary goal “is to create effective and efficient software and data solution for stakeholders involved in the employment of overseas workers in Hong Kong.”

Deverall sees the new system as a win-win project not just for Polo and the workers, but also for the agencies.

“We are going to create a lot more efficiency for Polo, but also for the agencies,” he vows.

The software will allow Polo to keep track of all the Filipino workers who come to Hong Kong, including their past work history and personal details. Employers who are put on the watch list will also appear in the system for easy tracking.

For Polo it will mean faster processing of work contracts, having information available at the touch of a button, and being able to set up an effective system of merits and demerits for employment agencies.

Agencies, on the other hand, will be able to submit bulk applications for contract verification, and pay the fee online in one go. The faster processing of work contracts should also benefit them.

After initial consultations with some agencies, Deverall says his team has seen other ways to create more values for the agencies, like helping them track the visa status of their recruits with the Immigration Department. Once the visa is released, the agency is alerted via email.

Deverall says, “They won’t have to pay a worker an hour each day just to do this.”

He adds he is keen to hold more meetings with the agencies to help make the system work better for them, too. During this process, he says Polaris plans not to charge the agencies for its services yet, as there also is a need to come up with a more equitable fee system for them.

Like with the previous system installed by EmployEasy, Polo will not pay for its use of the system. In addition, it will get to keep ownership of all data, while Polaris gets to keep the source code and copyright for the system. Polo will also have prior approval of the fees that Polaris will charge the agencies.

However, Polaris will be doing far more than EmployEasy, which was used, at best, by agencies in applying for contract processing with Polo. The additional services it promised back in 2006, like keeping track of workers and employers, were never delivered.

For Deverall, Polaris is the fulfillment of a dream that started back when he was still in grade 8 at Canadian International School, when he delivered an impassioned plea for migrant protection that won for him the top prize in a speech competition.

 “I told my Hong Kong classmate, please I know all of you have helpers, some of you treat them right, some of you don’t. I just want you to know there are some laws that discriminate against them.”

He then readily ticks off the same laws he mentioned then, like the one that restricts migrant workers’ stay in Hong Kong to only 14 days after they are fired from their jobs, and not being allowed to obtain permanent residency.

The dream lives on, and Deverall is not about to let agencies with dubious motives take it away from him, especially now that it is within grasp.
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