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OFWs in Macau worried about HK’s new quarantine rule

Posted on 19 March 2020 No comments
By Vir B. Lumicao

Macau OFWs have no option but to fly to HK first if they want to go back to their workplaces

Hong Kong’s mandatory home quarantine for travelers arriving from foreign countries starting Mar 19 has become a big concern for Macau-based Filipino workers who intend to go back to their jobs by transiting through the city.

Since travel restrictions were imposed by the Philippines on Filipinos who live and work in China, Hong Kong and Macau on Feb 2, all direct flights between Manila and Macau had been discontinued.

Thus, Filipinos returning to their jobsites in Macau are forced to fly to Hong Kong first from Manila, then take the cross-border bus.
But with Hong Kong requiring all new arrivals to undergo home quarantine for 14 days, Macau OFWs are faced with the dilemma of where to stay in Hong Kong should they be forced to comply with the directive.

One such OFW who has booked a flight to Hong Kong on Mar 21 is worried immigration officers at Chek Lap Kok would take her to a quarantine camp since she has no permanent address in the city.

The worker, R. de Leon, said in a message that she had hoped to clear Hong Kong immigration without a hitch, then take a short bus ride to the HK-Macau-Zhuhai border crossing from where she could take another bus back to her place of residence.
 
The HK-Macau-Zhuhai bridge is the only open border crossing linking the two SARS with China

“Paano po kung wala akong bahay sa HK? Kasi pagbaba ko ng eroplano sa HK ay diretso ako sa Macau, kasi dun work ko,” De Leon asked.

Nobody seems to have an answer to her dilemma, as Hong Kong authorities have yet to issue guidelines on how arriving passengers who don’t live in the city could be made to undergo the 14-day quarantine.
The only clue came from Chief Executive Carrie Lam, who said during a recent media briefing that Chinese mainlanders will be asked to pay $200 for each day that they spend in a quarantine center.

Consul Paulo Saret, head of the Consulate’s assistance to nationals section, said the case of De Leon and other returning Macau-bound OFWs is unique as they only intend to enter Hong Kong on their way to their workplaces.

He said he expects the Philippine Consulate General in Macau to contact them regarding arrangements for the returning workers.
Since the travel ban was imposed, he said ATN staff had been assisting Filipino workers from Macau who had to take a detour to Hong Kong so they could fly back to the Philippines.

Saret said there is a big chance the authorities at HKIA will just let De Leon proceed to the HKMZ bus terminus for her onward travel to Macau.

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But, just in case De Leon and other Macau-bound Filipino workers are not allowed to exit Hong Kong’s airport, they can call Consul Saret directly at +852 6105 5793.

An estimated 50,000 Filipinos work in Macau, mainly as domestic helpers or skilled workers in the enclave's casino and hospitality industry.
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PCG promises to help arriving OFWs caught by HK's new quarantine rule

Posted on 18 March 2020 No comments
UPDATED


Scene inside HK airport just before midnight, Mar 18. Thousands rushed to fly in to avoid the quarantine

By The SUN

Consul General Raly Tejada says all overseas Filipino workers who will arrive in Hong Kong after the 14-day mandatory requirement imposed by the city's government starting Mar 19  will be helped by the Consulate should they encounter problems.

The biggest fear by many is that their employers will not agree to take them in, either because there is not enough space in their homes, or because they fear contamination.

But Congen Tejada said our OFWs have no reason to fear. “We have already engaged all agencies to ensure that employers will honor the contracts and allow home quarantine for returning or first time workers.”

Late Wednesday night, the Hong Kong Labour Department also appealed to employers to take their FDWs who will be put under home quarantine.

"Employers and agencies should remind FDHs to comply with the compulsory quarantine requirement," the labour advisory said.

"If helpers prefer that helpers stay out from their residence, they should make prior arrangements with agencies to accommodate the FDHs concerned."

The Labour Department also urged employers to comply with their obligations under the Standard Employment Contracts including paying for the accommodation and food of FDHs under quarantine.

Employers and agencies were also asked to educate the worker about the need to stay at home at all times during the quarantine. This indicates the helper may be asked to work, as long as she does not go out during the isolation period.



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Hong Kong imposed the 14-day home quarantine for all passengers arriving from overseas after noticing that most of its new cases of coronavirus infection, or Covid-19, are imported cases.

The Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation (Cap. 599E) took  effect at zero hours on Mar 19, and will last for three months.

Under the Regulation, all persons who stayed overseas for at least 14 days before arriving in Hong Kong, regardless of nationality and travel documents used, will be subject to compulsory quarantine for 14 days.  
The only exemptions are those who arrive from Macau or Taiwan.

Anyone who violates the quarantine order faces a maximum fine of $25,000 and/or imprisonment of up to six months.

The place of quarantine will be determined by an authorized person, or if the authority deems it prudent and appropriate, allow the concerned person to nominate the place where he/she wishes to be quarantined.
The Chief Secretary may exempt certain categories of persons who perform vital services, such as supplying goods or services, or protecting the safety or health of the public, or under exceptional circumstances that serve public interest.

Included in the new quarantine order are airline pilots and flight attendants who fly in from abroad. But they can fly out earlier as long as their airlines follow set procedures, the Health Department said.

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Asked what the Consulate would do if employers refused to take their helpers in, Tejada said: “We will deal directly with employers. Hindi pwede ma-displace mga kababayan natin.

He went on to explain that if the workers are allowed to pass through HK Immigration, it means they are not sick, so employers have no cause for worry.
 
Congen Tejada says OFWs will be helped if they run into problems complying with the quarantine

He also repeated an earlier advice for Filipino migrant workers to ask face masks and other protective materials from their employers so they can have the same kind of protection against the virus as anyone else in Hong Kong.

“Employers are supposed to provide basic medical assistance to their employees and face masks should be a priority at this time,” he said.

Any Filipino who encounters a problem in connection with Hong Kong’s new quarantine measure could call the Consulate’s hotline, 9155 4023, or its assistance to nationals section through the trunkline, 2823 8503.

Hong Kong disclosed recording 14 new cases on Mar 19, bringing the total tally to 181. The death toll remains at 4.

It was the biggest single-day increase since the first confirmed case involving a male visitor from the Chinese central city of Wuhan was reported on Jan. 24. All but one of the latest cases arrived from abroad, validating the reason for the quarantine of all arrivals.

More people trying to clear HK Immigration before quarantine is imposed on new arrivals
Chief Executive Carrie Lam announced the expanded quarantine on Tuesday, saying it was in response to recent data showing nearly all of Hong Kong’s new coronavirus cases had been brought in by people arriving from various parts of the world.

It was also taken in anticipation of a large number of young residents returning to Hong Kong soon, after their schools in Europe and the United States had shut down amid the pandemic.

Only one of the 14 new cases, a 50-year-old secretary at an international school, did not have a travel history. The CHP said she had been out with friends in Central’s Soho area before she was diagnosed with the disease.

Among the new cases are 28-year-old karate competitor, Lee Chun-ho, who had trained in France and Austria before his return; a 55-year-old man who went on a group tour of western Europe arranged by Miramar Travel; and a 30-year-old man who stayed at the Hotel Hyatt Centric Victoria Harbour in North Point after returning from Germany.

The rest had been to Japan, Thailand and Europe, while three returned from Britain. Eight others had tested positive tentatively for Covid-19, the CHP said.

Globally, the coronavirus has infected nearly 200,000 as of this writing, causing 8,131 deaths, while 81,775 patients have recovered.

China leads the tally with 80,894 infections and 3,237 deaths. Italy, the new epicenter of the pandemic, had 31,506 cases and 2,350 deaths as of Wednesday.
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Live-in policy put migrant workers’ right to rest day at risk, appeal court told

Posted on No comments
By Daisy CL Mandap

Migrant workers use their only rest day in the week to send money home and catch up with friends

Foreign domestic workers should be allowed to live outside their employers’ homes to ensure they are not deprived of their right to one rest day week, the Court of Appeal was told on Tuesday, Mar 17.

This was the focus of the appeal against a lower court’s decision in 2018 that rejected a landmark challenge by Filipina domestic worker Nancy A. Lubiano to the government’s live-in policy for foreign domestic workers.

Appearing for the appellant, Paul Hsieh, SC, said the Hong Kong government is obliged to ensure that the FDW’s right to a rest days is protected, and this cannot be done if the worker is forced to live with her employer as this heightened the risk of her being made to work while she’s supposed to be resting.
The deprivation of a right “does not only refer to the actual taking away, but also to any act that heightens the risk of that right being taken away,” said Hsieh.

In such a case, a penalty is not enough, said Hsieh. “You have to be away from the risk.”

He cited two studies, one from the Justice Center, and another from the Mission for Migrant Workers, that showed most FDWs are made to work, before and after taking their day off. In the Justice Centre survey, 66% said they felt compelled to oblige even if they knew it wasn’t right.
The studies, he said, “reinforce the idea that if you live in, you will be exploited by a mean-spirited employer.”

While the policy had been part of the FDW importation scheme from the early 1980s, it was only included in their standard employment contract in April 2003. Before this, FDWs and their employers could agree on whether they wanted a live-in arrangement or not.

Migrant support organizations have long tried to get the policy withdrawn, alleging it has left FDWs vulnerable to abuse.


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A survey released only on Monday, Mar 16, by three of the biggest migrant workers’ organizations in Hong Kong, showed the outbreak of the coronavirus has led to new kinds of contract violations by employers.

About 40%  (160,000) of those surveyed said they had not been out of their employer’s home for at least a month, with only half saying this was with their consent. Up to 14% (65,000) said they had not been furnished protective materials like face masks and gloves while being made to do extra cleaning using harmful substances.

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But Hsieh was quick to mention that he wasn’t pushing for all FDWs to live out because that would be unrealistic, but for a return to the pre-2003 practice of letting the worker and the employer agree on their living arrangements.

At that time, he said a hearing of the Legislative Council’s manpower power showed there were only around 100 FDWs hired on live-out arrangements, so it was not likely a return to the old system would result in abuse.

Benjamin Yu, SC, who appeared for the respondent Director of Immigration, countered that the law is clear: that the FDH is entitled to a rest day, and the employer is not entitled to make a request that the worker do chores on that day.

Under the law and under their contract, the FDH is also entitled to choose where she wants to stay on her rest day. However, living out on the day she’s supposed to be working cannot be allowed as the job contract clearly states that the worker must reside with her employer.

To this, CA Vice President Johnson Lam asked whether it was possible for both parties to agree that the worker stay in a boarding house or hostel during her rest day, instead of striking down the live-in policy in its entirety.

Hsieh said the applicant’s position is that there should be a blanket lifting of the live-in policy. He said what they’re seeking is a declaration that the live-in arrangement is contrary to law.

To support this argument, he cited art 7 of the International Covenant on Economic, Social and Cultural Rights which says that signatory states shall recognize the right of everyone “to the enjoyment of just and favourable conditions of work which ensure, in particular…safe and healthy working conditions..(and) rest, leisure and reasonable limitation of working hours.”

Shieh says this provision is only partially adopted by Hong Kong through its employment laws and its mini-constitution, the Basic Law.

But by signing the convention, he argued that Hong Kong should have made a “conscious act” to implement it in its territory.

Government counsel, on the other hand, argues that local laws are adequate to ensure the FDW’s right to rest day is complied with.

The hearing of the appeal continues before VP Lam and Justices Aarif Barma and Au Hing-cheung. 

In the original application she started way back in 2016,  Lubiano had argued, also through Shieh, that the live-in policy was discriminatory, and constituted “servitude” or forced labour.

No information was disclosed in court as to Lubiano’s personal background at her request, except for the fact that she’s a Filipino domestic worker.

Dismissing the application two years later, Judge Anderson Chow said forced labour is not defined in Hong Kong’s Bill of Rights, while there was no discrimination in the way FDHs were being treated compared with other imported workers.


The judge also brushed aside the argument that the live-in requirement heightened the risk of ill-treatment of  FDWs by their employers.

This crawl-in structure on a balcony has been declared 'suitable accommodation' for an FDW by a magistrate

 “While the fact that the FDH is living in the employer’s residence would mean that there may be more opportunities for the employer to apply ill-treatment on FDH if the employer is minded to do so, I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the FDH is living in the employer’s residence,” said Chow.

Lubiano had presented four arguments to support her challenge: (1) the Immigration Director did not have legal authority to impose the live-in policy; (2) the policy heightened the risk of violating fundamental rights, and was therefore, unconstitutional; (3) the policy discriminated against migrant domestic workers; and (4) the implementation of the policy without general exception was irrational and unlawful.

For the appeal, Lubiano and her counsel decided to just focus on the argument that the live-in policy is illegal as it put to risk her right to enjoy a full rest day each week.
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Travel ban during Manila lockdown lifted for OFWs, balikbayans, foreigners

Posted on No comments
By Daisy CL Mandap

A day of worry ends for OFWs and Filipino residents abroad as travel restrictions are lifted anew
 
The Philippine government has allowed overseas Filipino workers, residents abroad and foreign tourists to leave the country during the month-long community quarantine or lockdown of Metro Manila and the rest of Luzon.

The move was announced during a late-night press conference at Malacanang on Mar 17 by Cabinet Secretary Karlo Nograles, Trade Secretary Ramon Lopez and Labor Secretary Silvestre Bello III.

“OFWs, balikbayans and foreign nationals leaving for abroad through any ports in Luzon shall be allowed to leave the Philippines at anytime for the duration of the enhanced community quarantine,” Nograles said.


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Previously, everyone who wanted to leave the country during the lockdown was given only 72 hours, or until midnight of Mar 19, to fly out.

This resulted in thousands of people rushing to the airports from midnight of Mar 16 to try to get on limited flights, or rebook tickets so they could beat the deadline.


Many Filipinos flying out to such places as the United States and Canada reported paying exorbitant rebooking fees of as much as US$3000 per ticket just so they could fly out.

Those who could not secure seats sent out urgent appeals to the government to extend the 72-hour deadline so they could all leave within the month-long lockdown.


Dozens of people, mostly bound for Hong Kong, were also barred from taking their early-morning Hong Kong Airlines flight after the Department of Transportation issued a false advisory saying Filipinos would no longer be allowed to fly out of the country.


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As a result of the easing of the travel ban, only Filipino tourists and those intending to fly to places where travel restrictions are in place, such as China’s Hubei province and South Korea’s Daegu districts, will be prevented from leaving.

Nograles says OFWs may be brought and fetched from the airport by OWWA

Nograles said those allowed to fly under the relaxed rules must present proof of their travel itinerary scheduled within 24 hours before their departure.

Also, departing passengers may be accompanied by only one person when traveling to the airport.


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The new rules, crafted during the daily meeting by government officials that make up the Inter-Agency Task Force to combat the spread of the coronavirus, also paid particular attention to OFWs who worry about having to travel home during the lockdown.

Many of them live outside Metro Manila, and are worried that they will not be able to get to their respective destinations because all public transportation had been halted since the enhanced lockdown took effect on Mar 17.
Addressing this concern, the Overseas Workers Welfare Administration has undertaken to provide transportation for OFWs to and from the airports in Luzon – the Ninoy Aquino International Airport in Manila, and the Clark International Airport in Pampanga.

Nograles said these government measures will be subject to joint periodic reviews by the Departments of Foreign Affairs, Labor and Tourism.
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