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Nagpapaloko ka?

Posted on 11 March 2017 No comments
Ni Ate Kulit

Mayroon na naman kaming nabalitaang naloko ng mga illegal recruiter kamakailan. Hindi lang sobrang laki ang singil, halos imposible pa (pero sobrang kaakit-akit) ang pangako: ang makapagtrabaho ang asawa  nila bilang construction worker (at makasama) sa Hong Kong.

Isa-isang naglalabasan ang mga biktima. Isa-isang kuwento ang lumulutang tungkol sa pagkakaibigan at relasyong nasira dahil ang biktima sa Hong Kong ay naging ahente pa para sa kanilang mga lugar sa Pilipinas, bago madiskubre nilang sila ay naloko.

Bakit ba hanggang ngayon, matapos ang paulit-ulit na paalala, ay marami pa rin ang naloloko ng mga illegal recruiter? Bakit, matapos mailathala ang mga karanasan ng daan-dang nabiktima ng mga nag-aalok ng mga trabahong wala naman, ay nagkalat pa rin ang nagrereklamo na naloko sila?

Iisa ang kuwento nila. Iisa ang modus operandi. At iisa rin ang pakay: Ang makuha ang perang pinaghirapan nila sa pamamagitan lang ng pambobola. Kung regular kang nagbabasa ng The SUN, makikilala mo ang panloloko sa unang tingin pa lang.

Hindi natin masisisi ang mga manloloko, dahil habang pinagkakakitaan nila ito ay hindi sila titigil. Ika nga, walang manloloko kung walang magpapaloko.

Isa pa, sa mga kasong nakita na natin, ang mga nangangako ng pekeng trabaho sa Hong Kong at iba’t ibang bansang pangarap nating marating ay hindi napaparusahan upang magtino. Wala pang por-mayor, ika nga, sa panloloko ang nakukulong. Ito ay dahil sa karaniwang pagtingin ng mga maykapangyarihan sa Hong Kong, ang mga nagrereklamo ay gusto lang maningil at ginagamit sila para sa napaka-pribadong transaksiyong ganito.

Kaya naman na-perfect na ng manloloko ang modus operandi upang samantalahin ang sistema, gaya ng two-week rule na nagsasabing dapat umuwi ang isang OFW kung wala pa ring makitang bagong amo sa loob ng dalawang linggo matapos ma-terminate o mag-expire ang kanilang kontrata.
At kahit lantaran nang peke ang mga ipakita sa kanila, gaya ng pekeng air ticket, marami pa rin ang naniniwala.

Ano ba tayo mga katribo, desperado o tanga lang? Hindi ba puwedeng maging bingi sa mga ganitong kalokohan?

HK film project needs Filipina actresses

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A Hong Kong film  project needs Filipino actresses for a film about the story of a Filipina who leaves her dreams behind to work in Hong Kong as a domestic helper, and meets a disabled man who changes her life.

Thisbe Law Hoi Lam, executive production manager of the film entitled Still Human, said in an email to The SUN that the project is a result of the First Feature Film Initiative, a competition funded by CreateHK and supported by the Film Development Council. 

Under the initiative, funding is made available from the Film Development Fund for the winning new directors and their film production teams to make their first feature films that are over 80 minutes and will be screened publicly in Hong Kong cinemas. 

The required Filipino cast consists of the following:
1. Filipino main actress: Thin, pleasant looking, brave and caring. Visual Age range: 28-322. Filipino female friend A.Chubby and like a mother and big sister to the group. Visual Age range: 40-50
3. Filipino female friend B: Stylish and plump. Visual Age range: 30-35
4. Filipino female friend C. Short and cute. Visual Age range: 20-25
5. Filipino female friend D: Tall, delicate and quiet. Visual Age range: 30-35
6. Filipino professional woman:  Elegant, smart, tall. Visual Age range: 30-40
Producers offer reasonable compensation to those selected. 

They prefer those with acting experience, although this is not a must, and who speak both Filipino and English, preferably with some Cantonese.

"We prefer actresses based in Hong Kong, but for the main lead, we are also looking into those who are in the Philippines," they said.

Those interested can email their recent photos, acting experience and contact number to stillhuman2017@gmail.com. We will soon contact the suitable candidates. For more information., visit the film's FB page: https://web.facebook.com/stillhuman.film?_rdr.


Faith. Hope. Love

Posted on 09 March 2017 No comments
By Christine
PRN 395450, Lowu Correctional Institution

The day I was arrested, I thought it was the end of my life. Being imprisoned is an intense kind of suffering – bearing all the burdens, being misunderstood and rejected by other people.

Worst of all, missing and being far away from my family. It is another kind of hurt and pain.    

My life here in prison in a foreign land is very hard. No relatives, no family, no visitors. Emptiness is the best to describe it. The language barrier with inmates and jail guards is another big problem.
I feel the loneliness of being alone and broken.

My first few days behind bars were not easy, but with the help of our Lord I’ve overcome my difficulties.

I never doubted God in any circumstance, instead I put all my trust in Him. The rosary and the bible are the only things I have and only prayer is the best thing I could do.

With the help of the missionaries, nuns and priests I was given religious and devotional books. That was the time I had the opportunity to know more about God, and I found myself closer to Him.
I learned more about Jesus and I know that God is always there to protect us if we only believe in Him, that He died to save us from our sins and that He has risen to be our savior.      

I have asked God for forgiveness and promised not to sin again.

Now I know that God has only chastened me to correct my wrongdoings.

He still loves me too much, He doesn’t want me to go back to disobedience, ruining my life, my family’s future, and bring shame to His name.

I learned my lessons from my mistakes.

I still keep my faith in Him, I never lose hope.

I know that God loves me and will free me at His perfect time, at His ideal moment.

I believe that one day I will be reunited with my loved ones, especially with my three wonderful children whom I left behind.

With my Faith, Hope and Love, and my steadfast belief in Lord, Jesus Christ, I will be saved. It is never too late

It’s 2017, a new day, a new year, a new beginning!

Many things have happened since the day I entered this dark tunnel, a life in prison.
I realized I had done so many mistakes and now I want to be changed.

I already asked for God’s forgiveness for all the sins I have committed and for the wrongdoings I have done which caused grief to my family.

I have forgiven myself and those who sinned against me, because I want to start this New Year with a happy and forgiving heart.

At first, I had a hard time accepting my “long-term sentence” but as the days passed by I realized I could
---

This piece was written by a Filipina who is being held at Lowu on drug-related charges. It was kindly sent to us by mail by our regular correspondent from Stanley prison, Mario de los Reyes, who said he has been encouraging the author to write about her ordeal to warn others, and also as a form of release – Ed

Media ban at the Consulate

Posted on 06 March 2017 No comments
By Daisy C.L. Mandap

There, the word that someone at the Consulate says is not accurate. There is no media ban at the ATN section there, just a kindly reminder that we are no longer allowed to get into the enclosed, bolted and heavily secured part of the Consulate.

What gives?

We were given two reasons by two different officers. First, that we interfered with normal office work and were prone to hijack complainants waiting to be heard by the very busy ATN officers. Anyway, we could always ask for an interview and be met at the reception area by the officer we wish to speak with, if he/she agrees.

Second, that there was heightened concern about their security.

Both reasons suck.

First, we have never demanded that an ATN officer give us an interview. In fact, some of them close or even lock their doors when they do not want to talk to anyone, especially us outsiders. Often, we would try to call up, text or email first, but we tend to be ignored.

There are also instances when an instant reply is necessary, such as when we had to relay the information that a group of OFWs were held up at the border with Shenzhen because a member of their tour group decided to go underground.

Second, it’s an affront to tell us that we could compromise the security of the VIPs inside.
We have been in this place long enough to tell upstarts that open communication is the only way to establish good relations in the community. But with no regular consultations with community leaders or media representatives as before, how could the Consulate get its views known to its constituents? Or conversely, understand the concerns of the people it is tasked to serve?

We are here to help officers make their activities, concerns and messages known to the rest of the community, but it should be a two-way process. They cannot demand to see us and other community representatives only when they see fit.

It has to be told that we get a lot of queries and complaints from OFW who say that they could not get anyone from the Consulate to help them. Instead of winding them up we tend to make excuses for the Consulate, especially the officers who treat us as friends, instead of as pests who need to be kept out of sight.

But with this new development, it has become unpalatable for us to continue doing so.

Why should we make excuses for people who don’t seem to care that some vulnerable members of the community need to be attended to, fast? Why should we pretend that our government’s representatives here feel for them when even we whose main duty is to seek answers to their concerns are kept at arm’s length?

What makes this whole thing even more deplorable was the lack of consultation, or proper notice. One day we were just in there, asking about a 4-year-old illegal recruitment case that was brought to our attention only recently, and the very next day, we were told that the area was already off limits to us.

Since we were already there, what would it have taken the officers concerned to tell us to our faces that we were disrupting work, and should stay behind the barred doors, like any other Filipinos they deem to have no business being there?

Would it have been too much to ask for a meeting so we could all sit down and address our mutual concerns?

By the heavy handed way the already formidable doors of the Consulate were shut in our faces, it was made clear to us that our concerns are not their concerns, that we are not seen as partners in the task of providing factual, speedy information to the rest of the community.

We cannot be blamed if we now hesitate to go to them to get answers to our questions. If they do not need us, much less do we need them to get our work done. We have served this community for the past 21 years, rather well, if it must be said. We could do it alone.

Establishing a Family Budget – Part 3

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By Francisco  J. Colayco

The system of budgeting we discussed in the past two articles will definitely help you pay yourself first and live within your budget.  Make sure your budget fits your lifestyle.  Do not budget more than you earn because you will just be frustrated.

Many are already following the rule “Income minus Savings equals Expenses.”  Unfortunately, they forget that the Expenses should be a positive number and not a negative number.  If it is a negative number, then you are already way beyond your lifestyle capability.

For example, if your Income is 100 and your Savings is 10, you are only allowed 90 (100-10=90-90 for your Expenses equals 0).  You have a correct budget.

If your Expenses show 85 (100-10-85=5), you can even save the extra 5 as part of your Savings.
If your Expenses show 110, then that means negative 20 (100-10-110= -20), this means you are on a negative number.  Your budget is very wrong.  Separate your “needs” and “wants” in your budget so you can quickly make adjustments.

You should never consider borrowing to finance the negative number.  When you use your credit card and you do not really have the cash to pay for your expenses, you are in effect, borrowing to finance your regular expenses.  This will hurt you in the future because you will end up with the highest interest rate for borrowings.

Some even ask if you should borrow to finance your Savings.  This happens when you are offered an option to invest in something and you believe the investment is a saving.  Don’t ever be tempted to borrow to invest in something that is not a business that you have analyzed and understood carefully.  You have to pay for your borrowings whether your investment makes money or not.  Do not be tempted by high returns.  Be very careful!

Here are a few more tips to help you keep your budget with determination and some self-discipline.
- Monitor your budget regularly so you can make changes

- Realize that there can be unexpected expenses like an emergency house or car repair.  Know what you can cut out in your “wants” to accommodate the emergency.

- Include “rewards” in your budget.  For example, eating out maybe twice a month if you have met your budget.

---
Francisco J. Colayco is an entrepreneur, a venture developer and financial advisor.  He is the Author of Seven Bestsellers in the Pera Palaguin Series, the latest of which is now available in bookstores:  “Wealth Reached. Money Worked. Pera Mo, Pinalago Mo!” Find his works and catch him on TV and radio.  Check out: www.colaycofinancialeducation.com, www.franciscocolayco.com, www.kskcoop.com, FaceBook and Instagram.

PHL universities join HK Education Fair

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Capili and some of the members of the UP Alumni Association in Hong Kong.


By Daisy CL Mandap

Come study in the Philippines.

This was the common message of the Philippine Consulate and the country’s three top universities when they joined the Hong Kong Education and Careers Expo held at the HK Convention and Exhibition Centre in Wanchai on Feb 23-26.

The University of the Philippines, Ateneo de Manila University and De La Salle University each sent representatives to speak with local residents and Filipinos who dropped by their booth at the fair on the advantages of studying in the Philippines.

Prof. Wendell Capili, U.P.’s assistant vice president for public affairs and director of alumni relations, said in his talk on Feb. 26 that the university provides inexpensive quality education with tuition fees of just HK$6,000 upwards per year.

However, entry into the country’s premiere institution could be very competitive, with only 15%-17% of applicants being accepted each year.

For foreign students or Filipinos who completed their secondary education abroad, the entry level could be through several channels: obtaining a score of at least 1,270 in the Scholastic Aptitude Test (SAT); getting three passes in the General Certificate of Education (GCE), or graduating from the International Baccalaureate (IB) program.

They can also take the UP College Admissions Test (UPCAT), but this is not advisable as it has a Filipino language component.

Another way is through transfer from other universities. Those who avail of this route should have a general weighted average of 2.0 or higher and have earned at least 33 academic units.

A big advantage that U.P. has over other schools is the number of constituent universities it has all over the Philippines: 10 as of last count, from Baguio in far north to Davao City in the south. The biggest is the main campus located in Diliman, Quezon City; and the newest, the post-graduate school at Bonifacio Global City in Taguig.

Ateneo and De La Salle, being equally selective, impose roughly the same entrance requirements for students at all levels. But unlike U.P., their entrance tests do not include Filipino competency, so foreign students can opt to take them.

All three would have difficulty competing with Hong Kong schools, however, in enticing scholars from abroad to study in their institutions.

In his opening speech at the education fair, Hong Kong’s secretary of education Eddie Ng revealed that a budget of $450,000 per year has been set aside in scholarships for 15,000 students.  The scholarship has been opened to more foreign students over the last few years, including to some of the Philippines’ best and the brightest.

The territory’s annual budget for education has also risen significantly over the past several years, and now stands at $87.4 billion. The increased spending is aimed partly at further boosting the international standing of its schools, although University of Hong Kong is now said to be ranked top in Asia.

This year’s education fair is the first time the Consulate has been invited to take part. In turn, the Consulate invited the top three universities in the Philippines to come and try to widen their international students’ base.
   

Visayas Festival enlivens Chater

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Masscara performed by One Negros Association HK was declared the Festival Dance competition Champion.


One Visayas Hong Kong showcased Visayan culture in Visayas Festival Hong Kong 2017 at the Chater  Road in Central last Feb. 26.

The centerpiece contest of Visayan street dance, dubbed the Festival Dance competition, highlighted the festivities.

The Festival Dance champion was Masscara,  performed by One Negros Association HK, with a total score of 92.33%.

It was fgollowed by Ati-atihan, performed by ABACA (Abante Cagayanos HK). The performance garnered an average of 88.66% from the judges.

Sinulog, performed by Queen City of the South Cebu, was third with 82.66%.

Mila Cerica, chairperson of One Visayas, an affiliate of the Philippine Alliance Hong Kong, thanked supporters for the success of the event.

“On behalf of One Visayas HK I would like to give thanks to all sponsors, donors, five tribes , 10 candidates of Mutya ng Visayas, the judges, adjudicators, the Philippine Alliance and other association who joined the Visayas Festival 2017,” she said.

Employer’s tearful tribute spices up DWEP graduation

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This graduate had to receive her certificate with her ward in her arms because the baby refused to go with her mom. 



By Daisy CL Mandap

It could have been just another graduation ceremony for domestic workers who completed skills training or as in this case, a series of informative and empowering seminars.

But an emotional tribute from an employer to the 146 graduates of batch 2 of Hong Kong University’s Domestic Workers Programme on Feb. 19 made all the difference.

Journalist Jeremy John Tredinnick had to pause briefly in an apparent attempt to hold back tears while speaking about the valuable role played by domestic workers, including his family’s own, Cita Vargas.

Above left, Jeremy John Tredinnuick,
editor of Business Traveller
magazine, gives a heartfelt response
for the employers.
“I remember telling Cita when she first came to work for us that she should not think for a second that her job is not an important one because we are putting in her charge....(pause)...the most precious, valuable things to us, our children,” said Tredinnick.

“That is true for a majority of domestic workers in Hong Kong. You are in charge of the care and safety members of family members, both young and old. It’s a position of huge responsibility, not in any way demeaning or menial.”

He went on further to pay particular tribute to the graduates, saying they were an inspiration for giving up their valuable days off in the past year to improve their knowledge and self confidence.
Also giving tribute to both the graduates and the people behind the program was Vice Consul Fatima Quintin who said in her keynote address that the Philippine Consulate remains committed to working with DWEP on empowering Filipino migrants.

“Rest assured that the Philippine Consulate General will continue to encourage our workers to walk off the streets and find their way into the Domestic Workers Empowerment Programme,” Quintin said.

She then addressed the graduates: “I salute you for your hard work and diligence,”  before ending with, “Patuloy kayong mangarap para sa isang magandang buhay”.

Dr. Michael Manio, who heads DWEP, said that in the three years that the program has been in place, 4,500 domestic workers have registered to become members.

But to qualify as graduates, members must have completed at least 80% of the seminars and other activities conducted throughout the year, at a frequency of roughly twice a month.

The graduates are given examinations and ranked by mentors according to their performances.
From this year’s batch, chosen as valedictorian was Ilane Doculan, who received a grade of 97.6; and salutatorian was Irene Bangcado, with a grade of 95.075.

In her commencement address, Doculan spoke of how uncertain she was about fitting in at first, but with help from mentors, was able to overcome her doubts.

“Thank you for the opportunity that helped us boost our self-confidence and image,” she said.
The others who graduated with honors in order of rank were: Emily Dilla, Cristeta Manalo, Minda Cleofe, Delia Derder, Eleen Valdez, Charmine Grace Bermejo, Nancy Tapay, Marianita Nazario, Margarita Albios and Analyn Soriano.
 

Tucso holds induction as it marks 9th

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San Fernando City Mayor Hermenegildo A. Gualberto swears in TUCSO officers.


By Marites Palma

San Fernando City Mayor Hermenegildo A. Gualberto officiated at the induction  of officers of The United City of San Fernando (Tucso) on Feb 19 at Sai Ying Pun Community Complex.

The induction coincided with the group’s 9th anniversary celebration. In his address, Gualberto highlighted the city’s programs intended for families of overseas Filipino workers. He said he came to Hong Kong not just to grace the anniversary celebration, but also to listen to the group’s grievances, and their mission they wanted to impart to their home city.

He said OFWs are partners for improvement, thus the city government has come up with intervention programs for OFW kids with DSWD as its partner. The program started a few months ago with barangays Paryan and Santiago as pilot areas.

As part of the program, the city government is helping OFW kids cope with the separation from parents who go abroad just to give them a better future. He said it’s sad there are kids who don’t appreciate the value of their parents’ sacrifices.

Other initiatives include scholarships for deserving students, job creation and skills training for all residents of San Fernando.

He also introduced the LNP, meaning “Lakas ng Pagbabago”, a program for drug dependents which gives them hope for their recovery. He said he believes that drug dependents could someday become productive citizens, if given the chance to change their ways. “Hindi sila mga salot ng lipunan, hindi nakakatakot na mamamayan, kundi sila ay mga biktima,” Mayor Gualberto stressed.

He ended his speech with a call to everyone to unite and aspire for a common goal. “Sabay sabay pantay pantay, lahat aangat, San Fernando para sa lahat,” he said.

Tucso’s officers for 2017 are Carmelita Solis, president; Josie Apilado, vice president; Chanderella Belen, secretary; Nympha Collado, assistant secretary; Nida Balcita, treasurer; Ryda Dacumos, assistant treasurer; Marilyn Cunanan, auditor; Bonita Abaga, assistant auditor, Joan Agtos, Elisa Ragudo, Marietta Aquino, Brenda Ducusin, business managers; Miriam Andrada, Scarlet Bersamina, Venus Galvez, Elena Balanon; PROs; Myrna Asprin, Rosalie Nebab, Lilia Ramos, Marilyn Bautista, coordinators; Lorna Rondon, Cristina Corpuz, Mercy Joy Jack, Rea Joy Viluan, peace officers; Catherine Franco, La Union budget officer; adviser; Nida Balcita, co-founder.



Hindi na uulit

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Napagalitan si Kristine kamakailan dahil lang ibinaba niya ang alaga niyang babae para makipaglaro sa ground floor ng kanilang building.

Dalawa ang kanyang alaga na kambal, isang babae at isang lalaki. Magmula nang ipanganak ang mga ito hanggang ngayon na nasa K2 na sila ay siya ang nag-alaga.

Bagamat matagal na siya sa pamilya ay kailangan pa rin niyang sumunod sa patakaran ng kanyang among babae na Canadian. May ginawa itong schedule ng mga bata at gawain sa bahay na kailangang sundin ni Kristine. Halos lahat ay naka-program, at may time table pa na kailangang sundin, pati kung kailangan dapat dalhin ang mga bata sa playgroup.

Noong Martes, Peb 21, ay nagpasya si Kristine na ibaba ang babaeng alaga dahil naiinip ito sa loob ng bahay. Ang kakambal kasi nito ay dinala ng ina sa after-school activity kaya naiwan silang dalawa sa bahay. Ibinaba niya ang bata at pinayagang makipaglaro ng 45 minutes sa isang batang lalaki na kapwa nito apat na taon, at mag-iisang taon na batang babae.

Kinagabihan ay nalaman ng among lalaki ang ginawa nilang pagbaba, at isinumbong sa asawa. Katakot-takot na sermon ang inabot ni Kristine, na agad na nag-text sa isang kapitbahay tungkol sa sinapit.

Sumumpa siya sa kapitbahay na hinding hindi na niya ulit susuwayin ang kanyang amo. Wala daw siyang magagawa dahil katulong lang siya, at may mga regulasyon ang amo na kailangan niyang sundin. Si Kristine ay limang taon na sa mga among Canadian at American at nakatira sa Stanley. — Merly P. Bunda

Pinay’s ex-boss cleared of indecent assault

Posted on 03 March 2017 No comments



By Vir B. Lumicao

The elderly employer of a Filipina domestic helper rescued by officers of the Consulate in June last year was acquitted on Feb. 23 of two counts of indecent assault.

Shatin Magistrate Colin Wong found Ong Choon Kwee who is in his ‘60s, not guilty of the charges, saying there were inconsistencies in the evidence given by the alleged victim and another Filipina witness.

The Filipina, referred to as Miss X, had accused Ong of making her touch his private parts and in a separate incident, of touching her breast.

On hearing about her claims, Labor Attache Jalilo de la Torre and Consulate staff  Hermogenes Cayabyab Jr, rushed to the employer’s house in Fotan to fetch the Filipina.

The complainant, who is 24 and single, testified that the first incident happened around 3pm on April 30 last year, just two days after she and the second witness arrived from the Philippines to work for Ong and his wife.

She said she was washing the dishes when the man arrived and asked if anyone else was at home. When told that it was just the two of them, he reportedly went up to his study and shortly later called Miss X on the intercom to bring him a lemon tea.

In the study, Ong allegedly asked her to massage his shoulder and his feet, to which she agreed. Miss X said the defendant, who had shed his shorts and left only flimsy briefs on, suddenly grabbed her wrists and laid her hands on his crotch, telling her to massage it. She said that episode lasted about two seconds because he pulled her hands away.

She said the employer offered her $80 to do it, allegedly the same amount he paid in massage parlors, but she left the room, telling him she still had work to do in the kitchen.

Miss X told the second witness, the other Filipina, about the incident when the latter and a third maid, an Indonesian, returned home after fetching the children. She also reported the incident to their employment agency via WhatsApp.

The second incident allegedly happened on May 9 when Ong called Miss X and the other Filipina to the study, purportedly to teach them how to use a rifle to shoot the monkeys in the trees that had been invading his garden.

Ong first called the other Filipina to try the rifle, but she said she already knew how to use it because her policeman-husband had taught her, so the man asked Miss X to try it.

Noticing that her arms fell when she raised the rifle, Ong allegedly stood behind Miss X and helped her hold the gun up while telling her how to squeeze the trigger. But, at the same time, Ong allegedly fondled her breasts for about 2 minutes.

She said she felt “harassed and violated” so she put the gun down and went back downstairs to finish their work.

Miss X also said she messaged the agency about this incident, saying, “Sir did something to me. I’m afraid,” adding that he touched her breasts.

During cross examination, defense counsel Graham Harris, SC, asked Miss X if it was true that she stated in her application that she gave massages as she had taken up massage therapy courses. He then suggested it was her idea to massage Ong, which she denied.

The lawyer pointed to some inconsistencies in the statement of Miss X to police investigators in June last year and in her court evidence.

These included her statement to police that Ong had held her breast for 5 seconds but on the witness stand she said it was 2 minutes.

Harris also said Ong, in his 60s, had a heart condition and prostate cancer.

In his verdict, Magistrate Wong first dismissed the evidence given by the second witness, Bernadeth, saying they had no value to the case.

Wong then said he found “minor inconsistencies” between Miss X’s evidence in court and the statement she gave investigators.

He also said the third witness, the agency staff to whom Miss X claimed to have reported the first incident, testified that it was only the second incident that Miss X reported to the agency.
Wong also said in the massage incident, the witness was not consistent on the duration of when Ong  placed her hands on his crotch.

In the second incident, Wong said he did not doubt Miss X’s evidence, but the defendant might have also told the truth when he said he could have accidentally touched the Filipina’s breast while teaching her how to hold the rifle.

Employment agency stripped of license

Posted on 02 March 2017 No comments
By Vir B. Lumicao

An employment agency in Tsuen Wan was divested of its license by the Labour Department on Feb 21 following two separate convictions last year for overcharging three Filipina domestic helper applicants.

A Labour spokesman identified the agency as Jen’s Employment Agency Limited, which has been recruiting Filipino helpers both in Manila and Hong Kong for deployment here.

On Sept 1, Jen’s was convicted and fined $24,000 by Tsuen Wan Court for charging a Filipina job applicant nearly 30 times the allowable commission of $411 at the time.

Then on Nov 24, Jen’s was again found guilty by the same court of overcharging two other helpers.
The agency was also fined $26,000.

After the second conviction, the Labour Department said it was in the process of revoking the agency’s license.

The two helpers filed overcharging complaints against Jen’s  in May with the Labour Department’s Employment Agencies Administration.

They said Jen’s charged them excessive placement fees with employers in Hong Kong. Investigators found sufficient evidence against the agency and filed the charges.

Despite the convictions, Jen’s apparently continued to recruit domestic workers in Manila.

On Dec 31 last year, it announced on its Facebook page that its next job interviews in Manila would be held in Ermita on Jan 13.

The Labour spokesman warned agency operators to comply with the law or they would face prosecution and risk having their licenses revoked or not renewed.

“Under the Employment Ordinance, the Commissioner for Labour may refuse to issue or renew or may revoke a license of an EA if the person operating or intending to operate (it) has contravened any provision of Part XII of the Ordinance such as overcharging job-seekers, or if he is considered not a fit and proper person to operate an EA,” he said.

Labour also reminded agencies to comply with the Code of Practice for Employment Agencies, which was promulgated on Jan 13.

The code sets out the salient legislative requirements that agency operators must observe, as well as the minimum standards that the commissioner expected of licensees.

The EAA will conduct regular and surprise inspections of agencies and issue warning letters to those found violating the Code.

The commissioner may exercise his power under the Employment Ordinance to refuse to issue or to renew, or even to revoke an agency’s license if he is satisfied that the licensee concerned is not a fit and proper person to operate an agency.

Enquiries or complaints about unlicensed operation, overcharging job-seekers’ commission by agencies or concerning the Code may be relayed to the EAA at telephone number 2115 3667. You may also visit its office at unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

Carrie Lam vows ‘personal attention’ to EM schooling

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Former Chief Secretary Carrie Lam (in red jacket) admits the $200 million funding to address the education concerns of ethnic minority children lacks effective monitoring.


By Vir B. Lumicao

Carrie Lam, considered most likely to become Hong Kong’s next chief executive, promised the city’s ethnic minorities on Feb 18 that she would give personal attention to their children’s education if she won the March election.

Lam also said she would review the Race Discrimination Ordinance, or RDO, but did not make concrete promises during an hour-long, closed-door dialogue with members of the city’s ethnic minorities organized by NGO Hong Kong Unison.

She met with the media after the dialogue in the Unison offices in Tai Kok Tsui to update them on what had been discussed.

“If elected, I will give my personal attention to the educational concerns of ethnic minorities and ensure full implementation of this policy,” Lam replied when asked how she would address the minorities’ education problem.

“If Hong Kong is to be a home for people of different nationalities, it should support programs that ensure students of different ethnicities can learn English and Chinese well for better opportunities in terms of employment,” the former chief secretary said.

But a Unison officer told The SUN the group was “unhappy” that the meeting with the leading candidate for the position to be vacated by C.Y. Leung had received no reply to the issue of ethnic minority children’s education concerns.

“In fact, there’s no reply this morning apart from the fact that she would look into it,” said barrister Margaret Ng, a member of Unison’s executive committee.

Ng said if the government had put $20 billion into ethnic minority education, “then one should have expected the government to take a very serious view about monitoring the effects. I mean, she shouldn’t have needed us to tell her now that the execution, the implementation of that policy is far from ideal.”

“But at least she promised to look at it,” Ng said.

Lam said she understood that a $200 million recurrent government funding per year for local schools to support non-Chinese-speaking students’ Chinese learning was not effective.

“I think the implementation of the learning framework can be improved and the government should do more regarding monitoring and implementing the CSL (Chinese as a Second Language) program and the upcoming Free Quality Kindergarten policies, and let students have a good Chinese language environment from a young age,” Lam said.

The ethnic minority representatives pointed out that the Hong Kong government should honor its obligation as a signatory of international conventions to protect human rights and racial equality and plug the holes in the RDO.

Lam, who introduced the Race Discrimination Bill in the Legislative Council when she was the permanent secretary for home affairs, said more stakeholders should be allowed to participate in policymaking.

Ethnic minority representatives said their children do not enjoy fair and equal opportunity to education as kindergartens hesitate to accept them, stripping them of an early childhood Chinese learning environment and affecting their future primary and secondary school choices.

They said parents cannot enroll their children in mainstream schools because of policies that overlook non-Chinese-speaking students’ learning needs.

These include the “Mother Tongue Education Policy” and “Using Putonghua as the Medium of Instruction for Teaching the Chinese Language Subject.”

Meanwhile, they do not have any information from the Education Bureau on whether the funding for the Learning Framework has been well-spent by schools to support ethnic minorities in Chinese learning.

Announcement

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Teachers' Oath-Taking Registration
Calling all Board Licensure Examination for Professional Teachers (BLEPT) passers and also all the proctors and watchers for the years 2014, 2015, and 2016 in Hong Kong SAR to contact NOPT-HK for the registration for the Oath-Taking. Please contact them on or before March 12, through https://www.facebook.com/nopthk2016.c0m/ or call or text or whatsapp at their hotline: 52960156 or email at nopthk@gmail.com

What's on where

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International Women’s Day Celebration
Mar 12, Sunday, 1-5pm
New Horizon Building, 2 Kwun Tong Road (Choi Hung MTR exit A2
Organized by: International Organization for Migration (IOM) Hong Kong
Guest Speaker: Consul General Bernardita Catalla
Theme: “Commemorating the Acts of Courage and Determination of Women Migrant Workers in Hong Kong”
Those who want to join, please register via email through iomhongkongoffice@iom.int o info@christian-action.org.hk or Whatsapp sa 56408251 until Mar 8. A certificate of appreciation will be given to Filcom organizations that participate

Philippines at Hong Kong Flower Show
Mar 10-19, whole day, Victoria Park, Causeway Bay
The Philippine Consulate will have a booth for the first time
Details, contact the PCG’s cultural section at 2823 8535

Nurses’ Forum II (CPD Updates and Possible NLE)
Mar 12, 8am – 12nn, Bayanihan Kennedy Town Center
Speaker: Dr. Josefina Tuazon, former dean of the UP College of Nursing
Organized by: Filipino Nurses Association
For seat reservation: leave a comment on the Filipino Nurses Association’s FB page, stating yor full name, and whether you’re a RN or a BSN graduate; or through Whatsapp message to 61625584.

Asian Contemporary Art Fair
Featuring: Award-Winning Artists from the Philippines
Mar 17-20, Rm 4023, 40th Floor, Conrad Hotel in Pacific Place
Opening Night, Mar 17, 4-9pm: By invitation only
Thereafter, opening hours are:
Saturday, Mar 18:   12 pm to 9 pm
Sunday, Mar 19:     12 pm to 8 pm
Monday, Mar 20:    12 pm to 6 pm
Organized by Galleria Camaya

Junk Boat Escapade
Mar. 19 (Sunday), 11am-12noon
Cruise around Sai Kung. Organized by: OFWs in Hong Kong
Contact:  Regina Collado Aguirre on FB or whatsapp 96864510 (Sunday only)

Special Favor 2017
(His Sanctuary Anniversary Celebration)
With Dr. Bong Hermoza, Apr 23, 9am-5pm

Multi-cultural Charity Event
Jun 11, 12nn-6pm
Bayanihan Centre Auditorium, Kennedy Town
Organized by:  Zamboanga-Basilan HK Association
Open to the everyone, from whatever nationality
Categories are:
1. Ms ZamBas-Asian Beauty Pageant (female, any Nationality 18 to 40yrs old)
2. Ms Handsome (Tomboy fashion show, any Nationality, no age limit)
3. Dance Group Contest (3to5 dancers, any dance style choreography, any Nationality)
3. English Solo Singing Contest (any Nationality)
4. Indo-Singing Contest Solo ( Indonesian only)
5. Ms Kebaya Fashion Show (indonesian only)
Submission of entry will be until Apr 2.
Contact (whatsapp or viber): Becky 69726355 & 92523046 viber; Linda 97000780; Liezel 96866346.

Applications open for 2017 Hong Kong Youth Music Camp

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The 2017 Hong Kong Youth Music Camp, organised by the Music Office of the Leisure and Cultural Services Department, will be held in July and August at Lei Yue Mun Park. Highly acclaimed international musicians will be invited to give orchestral, band and choral training to young musicians, exploring the wonderful world of music in a green setting. Applications are now open for qualified young musicians aged 10 to 25.

Two music camps will be organised this year to provide training to over 400 campers, both local and non-local. Camp A will be for music groups of Symphony Orchestra, Symphonic Band and Junior Chinese Orchestra from July 30 to August 6. Camp B will be for groups of Chinese Orchestra, Youth Choir and Junior String Orchestra from August 6 to 13.

The fee is $1,510 for local campers and $2,180 for non-local campers. To encourage international music exchanges,  Parsons Music, the event sponsor, will offer scholarships for non-local musicians with excellent musical standards to join the camps.

Conductors at this year’s Music Camp will include the Music Director of Taoyuan City Jungli Youth Orchestra Association and Vice-Chairman of the World Federation of Amateur Orchestras, Joe Yamaji; renowned Japanese composer of wind music and faculty member of SHOBI Music College, Tokyo, Satoshi Yagisawa; Resident Conductor of the Jilin Chinese Orchestra and China Ethnic Song and Dance Ensemble, Wen Feng-chao; Resident Conductor of the Singapore Chinese Orchestra and Music Director of the Singapore Youth Chinese Orchestra, Quek Ling-kiong; the Director of Music, the Choir of King’s College, Cambridge (United Kingdom) and Conductor Laureate of the BBC Singers, Stephen Cleobury; and Violist of the Chicago Symphony Orchestra and former Assistant Principal Violist of the Milwaukee Symphony Orchestra, Kuo Wei-ting.

In addition, masterclasses, workshops and sharing sessions will be arranged for campers to hone their musical skills. Speakers will include renowned percussionist Choy Lap-tak; suona performer of the Hong Kong Chinese Orchestra, Law Hang-leung; Gehu Principal of the Hong Kong Chinese Orchestra, Tung Hiu-lo; and Assistant Conductor of the Hong Kong Philharmonic Orchestra, Vivian Ip. Campers and choir members will participate in two public concerts to be held in August to showcase their achievements.

A day camp entitled “A Wonderful Music Day Tour” will also be held every Monday to Friday from July 31 to August 11. Organisations, families and other groups of individuals are welcome to visit rehearsals, attend mini-concerts and take part in music games. Day camp participants will also be able to use various recreational facilities at the camp. The fee will be $80 per person per day. A concessionary rate of $58 will apply to children, full-time students, senior citizens aged 60 and above and people with disabilities.

Application forms for the music camps and day camp are available at all Music Office Music Centres and downloadable from the Music Office’s website at www.lcsd. gov.hk/musicoffice. The application deadlines are March 30 for the residential camps and May 31 for the day camp. For enquiries, please call 2582 5334.

Masuwerte ka ba sa Marso?

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TANDANG. Isinilang noong 1921/33/45/57/69/81/93
Samantalahin ang panahong ito upang mapabuti ang trabaho. Mabibigyan ka ng mahirap na gawain na kailangang gawin ng maayos, pero maganda ang magiging kapalit nito. Piliting kontrolin ang galit upang hindi makagawa ng bagay na pagsisihan mo, at iiwasan ka ng  mga nasa paligid mo. Sa ngayon ay mas mahalaga sa iyo ang ibang bagay kaysa materyal na pangangailangan. Lucky numbers: 4, 17, 22 at 31.

ASO. Isinilang noong 1922/34/46/58/70/82/94
Bigyan ng katuparan ang matagal mo nang gustong gawin, pero iwasang mag-isip ang mga negatibong bagay. Maguguluhan ka dahil sa problema sa pananalapi. Iwasang magplano ng mga bagay na mahirap gawin. Manatiling nakatapak ang paa sa lupa, at isaalang alang kung hanggang saan ang kakayanin mo at ng mga kasamahan. Mahalaga ang pagkakaibigan upang matupad ang inaasam na proyekto. Lucky numbers: 9, 16, 25 at 41.

BABOY. Isinilang noong 1923/35/47/59/71/83/95
Kung anuman ang naging problema dati ay unti- unti na itong malulutas sa masayang paraan. Maayos ang kalagayan ng pananalapi, pero iwasang gumastos ng malaki. Tumataas ang pagtingin sa iyo ng marami dahil napapahanga mo sila at napapaniwala sa iyong kakayahan, kaya naipapagmalaki nila na kaibigan mo sila. Malamang na tumaas pa ang estado sa buhay kaya panatilihin ang pagsisikap. Lucky numbers: 1, 12, 29 at 36.

DAGA. Isinilang noong 1924/36/48/60/72/84/96
Mahihirapan kang makibagay ngayon sa mga anak, na parang ang anumang sabihin mo ay nakakasama sa kanila. Huminahon ka at manahimik muna. Pinaglalaruan mo ang damdamin ng taong alam mong mahal na mahal ka. Alam mong kontento ka, pero parang hindi ka masaya sa sitwasyon.  Huwag gaanong seryosohin ang mga problema, na parang nakadikit na sa iyo ngayon. Alalahaning kakambal na ng buhay ang mga problema. Lucky numbers: 11, 32, 35 at 45.

BAKA. Isinilang noong 1925/37/49/61/73/85/97
Mas gugustuhin mong manahimik muna at pag-isipang mabuti ang mga dapat mong gawin. Mas mahalaga ang kaligayahan ng pamilya kesa sa ibang bagay, dahil ang mga anak mo ang nagbibigay saya sa iyo. May mga pagbabago sa pamumuhay dahil sa magandang kita sa isang transaksyon na magpapadagdag ng saya sa pamilya. Matatag pa rin ang pader na itinayo mo laban sa mga taong nagsasabi sa iyong sumubok na umibig muli.  Lucky numbers: 19, 28, 42 at 46.

TIGRE Isinilang noong 1926/38/50/62/74/86 at 98
Ganado ka ngayong maipakita ang iyong pagkamalikhain sa iyong trabaho. Maging matigas sa iyong sinasabi upang paniwalaan ka. Mag-ingat sa mga kinakain na nagdudulot ng kidney stones. Magiging tampulan ka ng tsismis ng mismong mga kaibigan mo, na ikakasama mo ng loob. Upang maiwasan ito, mag-ingat sa iyong mga sinasabi at piliin ang mga kaibigan mo. Lucky numbers: 13, 24, 39 at 40.

 KUNEHO Isinilang noong 1927/39/51/63/75/87
Tanggapin ng maayos ang obligasyon upang maiwasan ang kumplikasyon sa hinaharap. Anumang problema mo ay malulutas lahat ito ng kusa. Sa kabila ng pagiging abala, huwag kaligtaang mag-ehersisyo o sumali sa sports. Ugaliing maging malinis lagi sa katawan upang makaiwas sa sakit. Makukumbinse mo ang mga kasamahan na tulungan kang matupad ang iyong plano.  Lucky numbers: 16, 18, 23 at 38.
.
 DRAGON Isinilang noong 1928/40/52/64/76/88
Masusubok ng husto ng pasensya mo sa pagiging agresibo ng mga anak. Kung may anak na dalaga, lalo kang mag-aalala ngayon. Dagdagan pa ang pasensya at maging kalmado. Hindi ka interesado sa mga love affairs na pa-easy easy lang, pero huwag din namang hanapin ang imposibleng bagay. Mataas ang enerhiya mo ngayon, at kaya mong makuha ang gusto mo kung susbukan mo. Lucky numbers: 7, 15, 29 at 33.

AHAS Isinilang noong 1929/41/53/65/77/89
Hindi inaasahang mga bagay ang sisira sa katahimikan mo. Pakaiwasan na maging bayolente sa reaksyon mo dahil lalo lang lalala ang sitwasyon. Sa kabila ng sipag at siglang ipinapakita sa trabaho, hindi mo makontrol ang agam-agam na pilit na pumapasok sa isipan. Mahihirapan ka ngayong lalo na magbawas ng timbang. Lucky numbers:16, 31, 39 at 44.

KABAYO. Isinilang noong 1930/42/54/66/78/90
Malaki ang suporta at tulong na matatanggap kaya hindi ka gaanong mahihirapan sa nais mong gawin. Magkakaroon ng konting sugal sa pribado man o sa propesyonal na gawain. Pag-isipang mabuti bago magsalita dahil nakakasakit ka na ng damdamin ng iba. May pag-asa kang pumasa sa kukuning pagsusulit o admission test. Makakaiwas ka rin sa malaking pagkakamali at aksidente. Lucky numbers: 9, 15, 27 at 43.

KAMBING. Isinilang noong 1919/31/43/55/67/79 at 91
Kailangang pagbutihan din ang iniatang na gawain sa iyo kahit na hindi ka gaanong makikinabang dito. Mag-ingat sa pakikipagrelasyon sa mga dayuhan o mga taong nasa malalayong lugar dahil mas malaki na ng tsansa na hindi maganda ang resulta nito. Kung may asawa, bigyan ng sigla ang pagsasama, at sumubok ng mga bagong bagay gaya ng pamamasyal sa ibang lugar. Maganda ang lagay ng kalusugan ngayon. Lucky numbers: 5, 21, 32 at 46.

UNGGOY. Isinilang noong 1920/32/44/56/68/80/92
Huwag ilagay sa pedestal ang minamahal dahil magiging delikado ito sa iyo. Sa oras na makita mo ang mga kapintasan nito, gaya ng iba, ay magugulat ka at mahihirapan kang tanggapin ito. Mag-ingat sa impeksyon sa sakit na mula sa pag-ubo, magpatingin agad. Sikaping maging masaya sa mga bagay na mayroon ka, at huwag nang pangarapin pa ang mga bagay na mahirap abutin, o pagsisihan ang bagay na wala na. Lucky numbers: 3, 9, 14, at 36.

PCG dispels organ harvest rumor about dead OFW

Posted on 28 February 2017 No comments
By Vir B. Lumicao and Marites Palma 

The Consulate has dispelled rumors about a plan to harvest a Filipina domestic helper’s vital organs after she died on Feb. 23 from brain hemorrhage due to a stroke.

Corazon P. Cabansag, 53, died at the Pamela Youde Nethersole Hospital in Chaiwan, six days
after collapsing in the lift of her employers’ residential block in Shaukeiwan.

Shortly after she died, some of her acquaintances posted on social media that the hospital was set to harvest the maid’s organs because she was an organ donor card holder. A close friend waded in, saying the procedure did not happen because one of Cabansag’s three siblings opposed it.
But an officer of Consulate’ assistance to nationals section rejected the talks.

“There was no such thing as an organ donation from Cabansag,” said the officer.

Another ATN officer explained that the hospital doctors cannot just take out patient’s organs without the consent of her nearest kin, who must secure approval from the Philippine government through the Department of Foreign Affairs.

“Hindi nila basta-basta pwedeng galawin ang katawan niya, mahigpit ang gobyerno natin sa ganyan,” he said, adding that the hospital has to get the approval of the Consulate because the victim is a Filipino citizen.

“Of course, they can’t just donate her organs without going through official channels. Our government is very strict about such process,” he added.

Organ trafficking is one of the problems that the inter-Agency Council Against Trafficking is watching closely amid reports impoverished individuals have taken to selling their vital organs for good money because there is a lucrative market them overseas.

Cabansag, single and a native of Mallig, Isabela, had served her employer for the past 21 years, according to ATN and her friends.

Her uncle and his wife reportedly flew to Hong Kong on learning about her condition to be at her bedside and attend to her needs. Relatives say the uncle, a brother of Cabansag’s father, returned home shortly after the helper died.

The daughter of Cabansag’s employer reportedly went to the ATN twice, on Tuesday, Feb 20, to report her illness, and three days later, to seek advice on the requirements and documentary procedures in the event of the maid’s death.

Cabansag died later that day, said the ATN officer, who added that the employer’s daughter relayed the news to her on Monday morning.

The elderly employers and their 30-year-old daughter were reportedly sad because they had considered Cabansag as a family member as she had been working with them for a long time.
The employers were scheduled to move Cabansag’s remains from the hospital morgue to the Hong Kong Funeral Homes on Friday, Mar. 3, the officer said.

Cabansag was said to be supporting one of her brothers who is ill. One sibling is in Canada, while another is a teacher.

Last July, Cabansag went home for a vacation to visit her father, who was very sick at that time. A few days later, her father pased away.

HK Immigration rejects 100 green contracts submitted late

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The new contract is blue in color.


By The SUN staff

About 100 green foreign domestic helper contracts were rejected by Hong Kong Immigration for missing its Jan 27 deadline for submission.

After this date, only the new blue contracts with the provision on window cleaning restriction for foreign domestic workers were accepted for processing.

Assistant Labour Attache Henry Tianero said that the rejected contracts had to be cancelled from the records by the Consulate, and the affected workers had to get the new blue forms and pay fees all over again.

To process a new contract, the Philippine Overseas Labor Office (POLO) charges $80 for verification, and the Consulate, $200 for authentication.

But in all these cases, Tianero said the green contracts were released by POLO way ahead of Jan. 27, and the workers concerned were advised to immediately submit them to Immigration.
His statement came as a migrant workers’ group lambasted POLO for the fiasco.

“It is a double whammy for OFWs due mainly to the lack of information and foresight of the Philippine Consulate General through the Philippine Overseas Labor Office,” said Dolores Balladares-Pelaez, chairperson of Unifil-Migrante-HK, in a press statement on Feb 16.

The accusation was labeled as unfair by Labor Attache Jalilo de la Torre, who said the affected workers must have delayed going to Immigration after their contracts were processed and released by POLO.

“Maybe their employer went away and the worker did not submit the contract to Immigration immediately,” said Labatt de la Torre.

In some cases, he said the workers delayed going to Immigration because they had obtained an appointment date later than the Jan. 27 deadline.

“They were specifically told to forget about their appointment and go straight to Immigration, either as walk-in applicants, or to use the drop box to make sure they beat the deadline,” he said.

“At every step of the way, we alerted the workers about the need to ensure that their contracts got to Immigration before the deadline.”

At least one Filipino community leader found herself in this predicament. Her contract was released by POLO way ahead of Immigration’s Jan. 27 cut-off date, but despite warnings from several people, she insisted on waiting until her appointment date of Feb. 3.

When her contract was rejected by Immigration, she immediately rushed back to POLO and the Consulate in an attempt to get a waiver of the charges. Still, she had to get the new blue document, get her employer to sign, and go through the whole process of getting it approved by the Consulate before passing it on to Immigration.

Unifil’s leaders are, however, not convinced.

“They knew that Hong Kong’s Immigration Department will not be processing old contracts anymore after Jan 27 and yet they (POLO) processed old contracts they knew the applicant would submit to Immigration by the said date or even after,” Balladares-Pelaez said.

She called on the Consulate and POLO to waive the processing fees for workers who had to submit contracts twice, and refund the payment of those who had been charged a second time.

“Should OFWs be punished and penalized for the incompetence of government officials?”, she asked.
But Tianero said that since Jan. 3, the first working day of the year, POLO had been telling individual workers who were rehired or moving to new employers about the Immigration deadline for green contracts.

Contracts processed by agencies posed no such problems, he said, as the agencies had been duly informed about the transition.

POLO also gave workers written instructions that their documents would be released at the Consulate six working days after submission.

Despite all the warnings, OFWs continue to arrive at POLO with signed green contracts. On Feb. 26 alone, Tianero said three workers came to his office to get the old contract forms processed.

He said the workers were told they should replace them with the new blue version and to advise their employers that they needed to pay the reprocessing fees.


Code of Practice for Employment Agencies

Posted on 27 February 2017 No comments
By Cynthia Tellez

Last month, January 2017, the Labour Department released a booklet entitled The Code of Practice for Employment Agencies (CoP). Obviously, the purpose is to guide and regulate the practices of the recruitment agencies including those agencies engaged in the placement for work of foreign domestic workers.

In general, all that is written in the said booklet was taken from the Employment Ordinance. In other words, they were taken from already passed legislation. Of course the purpose of the Labour Department may have been to come up with an easy guide for all placement agencies and also for the general public, especially the worker-applicants.

In this article, we will only deal on clauses which are relevant to foreign domestic workers (FDWs). The Mission’s purpose in discussing this is for FDWs to be aware of this newly released Code of Practice and also, for prevention or forward action like collecting relevant evidences and keeping them for possible use in the event of any violation on the part of the agencies that affected them.
Let us discuss then some of the most important among the relevant clauses.

In the CoP, it is stipulated that the applicant (FDW) will only pay after the FDH is successfully placed or employed. Thus the payment will be taken from their first month salary. We know for a fact that this is not the case. In reality, anyone is required to pay first before anything else. And usually the payment is always more than 10% of the legally allowed placement fee. In reality too, no receipt is issued. And if ever, the agency will only put the amount equivalent to the 10% of the first month’s salary.

In the CoP, there is a clause about the agency being required to provide true, accurate and all information about the FDW to the employer and vice versa. Misleading information or not giving information at all is an offence on the part of the agency and if proven guilty will be meted with fine and imprisonment.

How is this relevant to FDW?

When applying for job, the agency is obliged by law to give to the applicant all the necessary information about the employer and,vice versa to the employer, all the necessary information about the applicant FDW. So, when already employed and you, the FDW, found out major information the agency did not provide, you can file complaints to the Labour Department through the Employment Agencies Administration (EAA).

Some example of this are:

The agency did not inform you that the elderly is sick of tuberculosis.

The information sheet only shows that there are only four in the family but in reality there are 8 in the family including extended family members.

That there is privacy in the place of the house that you will sleep. But in reality you sleep in a folding bed in the living room or kitchen etc.

These are but some of the examples. But beforehand, it would be better if you can get a copy of the information on the employer provided by the agency and keep a copy of it. Or if it is verbal, then list down all the information provided by the agency. This is for your own benefit.

Employment agencies (EA) shall not aid or abet job-seekers or employers to breach the job-seekers’ conditions of stay in Hong Kong; otherwise the EAs concerned shall be held liable for an offence, subject to a maximum penalty of a fine of $50,000 and imprisonment for two years.

This is related to FDW being required to work in the office, shops or other house of relatives of employer. Definitely the EAs will not put this in writing. But they may verbally tell this to you as part of the requirement of the employer. Of course it would be better if somebody is with you to witness. But in the absence of a witness, better get the name of the staff or whoever gave you the verbal information/requirement, the date, time and place. List this down in your diary.

According to Employment Ordinance, employers must pay their employees on time and not deduct wages unlawfully. EAs shall not aid or abet employers to underpay their employees, or make unlawful deduction of wages. An employer who fails to pay wages to an employee on time commits an offence and is liable, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years. Making unlawful deduction from wages of an employeeis also an offence and shall be liable to a maximum penalty of a fine of $100,000 and imprisonment for one year. EAs or any persons aiding or abetting the commission of such offences shall be guilty of the like offence and be liable to the same penalty.

This is another relevant Clause in the CoP. Example of this is when the EA is pressuring the employer to deduct monthly from the salary as payment for the placement fee. It may appear that the payment is for loan (which in reality is a fraudulent loan because the amount of loan all went directly to the agency as payment. There are 3 possible areas of violation here.

The EA fee is a maximum of 10% of the monthly wage of FDW only. So be sure to keep all pieces of evidence for use in complaining or filing a case against the EA.

The deduction from wages:the Employment Ordinance prohibits deduction of more than ¼ from monthly wage.

Assuming that the loan is legal or legitimate, the employer cannot act as collector of any loan company. Thus, the agency cannot force the employer to automatically deduct from the monthly wage of the FDWtogive to the loan company.

These are the clauses in the CoP which we think is relevant to FDWs. But again, evidences or witnesses are a must in order for the case to succeed. Remember also that in criminal cases, in order to convict somebody, the case has to be proven beyond reasonable doubt.
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This is the monthly column from the Mission for Migrant Workers, an institution that has been serving the needs of migrant workers in Hong Kong for over 31 years. The Mission, headed by its general manager, Cynthia Tellez, assists migrant workers who are in distress, and  focuses its efforts on crisis intervention and prevention through migrant empowerment. Mission has its offices at St John’s Cathedral on Garden Road, Central, and may be reached through tel. no. 2522 8264.

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