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Assaulted Filipina DH gets 1 year’s pay in settlement with employer

Posted on 28 November 2019 No comments
By Daisy CL Mandap

A Filipina domestic worker who fought for a year to get relief from the beating inflicted by her female employer has left Hong Kong after agreeing to settle her case for $52,000 - the amount she would have made had she finished the remaining 12 months of her contract.

Before this, Margie A was paid $10,600 by her Chinese employer, Lucy L, for unpaid wages, one month’s salary in lieu of notice, air ticket, annual leave and traveling allowance.

Margie had just completed the first half of her two-year employment when the assault happened on Nov. 8 last year. 

By the time the settlement was reached, however, she had already spent nearly a year at the Bethune House Migrant Women’s Refuge, which helped her pursue her case. She returned to the Philippines on Nov. 6.

In exchange for her withdrawing her complaint, Lucy wrote a letter of apology and was bound over, meaning she was not charged but undertook not to re-offend for a set period of time.

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Before leaving, Margie tried to find a new employer but failed. Bethune’s executive director Edwina Antonio said this was regrettable, as they could have asked Immigration to allow Margie to process a new employment contract in Hong Kong had she managed to get someone to sign her up on time.

Photos show the injuries Margie suffered
from the assault
Still, she said Margie’s case showed fighting for one’s rights pays off in Hong Kong,.

“Kahit matagal ang paghihintay, kailangang ipaglaban,” Antonio said.

Aside from getting free shelter and legal assistance from Bethune House and the Mission for Migrant Workers, Margie was also helped in collecting a total of US$600 as subsistence allowance from the insurance she was required to take before leaving the Philippines.

A Filipina domestic worker who fought for a year to get relief from the beating she suffered at the hands of her female employer has left Hong Kong after agreeing to settle her case for $51,720 - the amount she would have made had she finished the remaining 12 months of  her contract.

Margie A had already completed the first half of her two-year contract with her Chinese employer, Lucy L., when the assault happened  on Nov. 8 last year.  Lucy offered an apology and the compensation so prosecutors would agree to having her bound over instead of being prosecuted by the police.



By the time the settlement was reached, however, Margie had already spent nearly a year at the Bethune House Migrant Women’s Refuge, which helped her pursue her case. She returned to the Philippines on Nov. 6.

Before leaving, Margie tried to find a new employer but failed. Bethune’s executive director Edwina Antonio said this was regrettable, as they could have asked Immigration to allow Margie to process a new employment contract in Hong Kong had she managed to get someone to sign her up on time.

Still, she said Margie’s case showed fighting for one’s rights pays off in Hong Kong,.

“Kahit matagal ang paghihintay, kailangang ipaglaban,” Antonio said.
 
Antonio (right) in one of the outreach missions
of Bethune House
Aside from getting free shelter and legal assistance from Bethune House and the Mission for Migrant Workers, Margie was also helped in collecting a total of US$600 as subsistence allowance from the insurance she was required to take before leaving the Philippines.

Margie, 42 and married, first found help after alert fellow domestic workers urged her to go to the Philippine Consulate to complain after her earlier attempt to get the police to investigate failed.

According to the statement she gave to officers at the Central Police station, the assault happened exactly a year after she started working for Lucy and her two daughters in their house in Carribean Coast, Tuen Mun.

Margie said that early that day, the employer had accused her of not packing a snack for her elder daughter, and kept shouting at her even when she tried to explain that it was the girl who did not want to bring along the sandwich and drink she had prepared.

After taking down her younger daughter to her school bus, Lucy reportedly went back to the house and continued to scold Margie. 

“She stared at me, not contented with the  shouting and pushed me against the kids’ door,” said Margie.

That reportedly caused Margie’s back to slam hard against the door, and she fell to the floor. She told Lucy to stop or she would call the police. Margie then rushed into the children’s room to pick up her HK ID card and mobile phone but Lucy pulled her hair as she tried to get to the main door.

“She caught up and tried to snatch my mobile phone but I did not give it. Then she held my neck with both hands. I escaped to the toilet, but she chased after me. I locked the toilet door,” Margie said in the statement.

After some time, Margie said she heard her employer leave then take a shower in the other toilet in the house. She said she ran down to the building’s lobby and asked the caretaker for help.

Police were called, but after talking to her and her employer, the two officers reportedly took no action, and merely told Margie to ask for a release letter from Lucy as they could no longer work together.

After the police left, Margie said she asked Lucy for a release letter but she said she had no time to do it.

At around 9:30am, Margie accompanied Lucy as usual to Lai Chi Kok to bring lunch boxes to the two girls in their school. Since they were running late, Margie walked ahead of Lucy.

On her way to the MTR station, a couple of Filipino domestic workers saw Margie crying and asked why. After hearing her story and seeing her bruises, they all urged her to go to the Consulate and even gave her money for her fare as she did not have her wallet with her.

But despite feeling the pain from her wounds, Margie still went ahead to deliver her wards’ lunch boxes first before making her escape.

At the Consulate, staff interviewed her, then called the police who took her to Queen Mary Hospital for a medical check-up. Afterwards, she went to the police station to file her complaint.

Lucy was arrested and charged with “assault occasioning bodily harm.”

Margie said in her statement that it was the first time Lucy had hit her, but she told friends the businesswoman and single mother was always cranky. Luckily, the employer was always traveling for work that they did not have much interaction.

On May 6 this year, the Police sent Margie a letter stating that the Department of Justice had informed them that Lucy “sincerely regretted...her wrongdoing,” and had asked to be bound over as a way to resolve the case.

To show her remorse, the employer offered to write a letter of apology and compensate Margie for the income she should have earned from the remaining part of her contract, “and any other terms you consider reasonable.”

After weighing all her options, Margie decided to agree to the offer. At the same time, she held on to the hope that she could start anew with another employer, but time was not on her side.
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Charges dropped against Filipino dancer arrested in anti-govt protest

Posted on No comments
By The SUN
Image may contain: 3 people, including Rey Asis, people smiling
A Facebook post by Pioquinto (middle) shows him with fellow
migrants rights advocates Rey Asis and Aaron Ceradoy
 A Filipino performer in Hong Kong Disneyland was set free on Tuesday, Nov. 26, after prosecutors decided to drop a charge of unlawful assembly against him.

Jethro Pioquinto, 36, was arrested during a police dispersal operation against anti-government protesters in Mong Kok on Aug 3. He had always said that he was just on his way home from work when he got caught in the protest.

A government lawyer told Kowloon City magistrate Aida Yim that the charge of unlawful assembly against Pioquinto and another defendant arrested at the same time were being withdrawn, but gave no reason.
Pioquinto had been out on $10,000 bail since he was charged in court on Aug. 5.

His release meant that Pioquinto could now join a family reunion in Manila next month.

At an earlier hearing on Sept. 30, his volunteer lawyer had tried to get court permission for Pioquinto to fly home for the reunion, but the prosecutor opposed the application, saying there was a risk he would not return to Hong Kong.



The prosecutor also said then that more charges could be filed against Pioquinto based on his alleged contacts with other protesters, but gave no details.

Pioquinto was arrested at about 11:15pm on Aug 3, as the police were clearing Nathan Road in Mong Kok of anti-government protesters.
Image may contain: 1 person
Still shot from a video taken during the arrest showed a terrified Pioquinto being led away by police

The prosecution said the Filipino did not budge when the police ordered the protesters to leave before they began a clearing operation.

But his lawyer said Pioquinto was not a rally participant and could not have understood the police order to leave because he does not speak Cantonese.

He was said to be on his way home to his rented room nearby after finishing work at HK Disneyland when he unfortunately got caught in the protest.

Videos taken of the dispersal operation showed Pioquinto being tackled to the ground by police before being dragged away.

Officers of the Consulate said Pioquinto was taken to the North Point Police station following his arrest, but was moved to Pamela Youde Nethersole Hospital the next morning where he was examined and treated for his injuries.

He showed up in court for the first time with his right arm wrapped in thick gauze pad due to a laceration he sustained when he fell on the pavement as riot police ganged up on him.

His lawyer said no protest-related materials were found on him, just his shoulder bag, mobile phone and an Octopus card.

At the the time of his arrest, Pioquinto was said to be looking forward to going home to Manila to attend a family reunion, along with some of his siblings who also work abroad. 

In a Facebook post, he also said he was "brewing up something" for the Bethune House Migrant Women's Refuge, along with friends and fellow migrant rights advocates Rey Asis and Aaron Ceradoy.
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3 Pinoys found with dried shark fins, seahorses charged in court

Posted on 27 November 2019 No comments
By Vir B. Lumicao
No photo description available.
The dried shark fins seized by customs officers at HK Airport


Three Filipino men arrested at the airport in late August for trying to bring into Hong Kong a huge amount of dried shark fins and dried seahorses appeared in West Kowloon Court today, Nov 27, and were told their case will be moved to a higher court.

Jomar Goron, Aldrin Jay Lacuesta and Michael Roy Marcelino, aged between 21 and 36 years old, appeared before Magistrate Peter Law and were each charged with violating the law on the protection of endangered species.

No plea was taken but Law adjourned the cases until Dec 17 and told the defendants to return to court on that date for their committal to the District Court.
Goron and Lacuesta were charged with “importing specimens of Appendix II species otherwise than in accordance with the provisions of the ordinance”, referring to the Protection of Endangered Species of Animals and Plants Ordinance.

Marcelino was charged with “importing specimens of Appendix II species otherwise than in accordance with the provisions of section 11 of Cap.586”.

The prosecution said the defendants were arrested on their arrival from Manila on Aug 23 at Hong Kong International Airport. Customs officers found about 180 kilos of dried shark fins and 500 grams of dried seahorses in their check-in luggage.

No photo description available.
Dried seahorses are a popular cure for impotence in traditional Chinese medicine

The seized goods had an estimated market value of $50,000.

The case was handed over to the Agriculture, Fisheries and Conservation Department, which prosecuted the defendants.

Under the Protection of Endangered Species of Animals and Plants Ordinance, any person found guilty of importing or exporting an endangered species without a license is liable to a maximum fine of $10 million and imprisonment for 10 years.



Appendix II of the ordinance lists over 32,000 species that are not threatened with extinction at present but may become so unless trade is subjected to licensing controls.

Shark fin soup is a popular but pricey soup served in some Chinese restaurants, while dried seahorses are mostly used in Chinese traditional medicine to treat certain ailments, including abdominal pain, toxic swelling, incontinence and impotence.
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