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Filipina mom to stand trial for allegedly abandoning baby

Posted on 06 April 2018 No comments
By Vir B. Lumicao

A Filipina mother wold face trial on Mauy 31 after she pleaded not guilty on Mar 19 to a charge of ill-treatment of a child for allegedly abandoning her year-old baby boy on a street in Wanchai on Oct 19 last year.

Magistrate Peter Law set the trial date after the prosecution asked for time to prepare and to contact the witness.

The prosecution did not mention whether it had received two psychiatric reports on the mental condition of defendant Angelita Labador that it was supposedly waiting for previously.

A female neighbor of Labador reported to the police after seeing the mother leave the baby boy on the pavement next to a rubbish bin at 280 Queen’s Road East.

Police found the baby conscious at 6:49 pm and sent him to Ruttonjee Hospital for a check-up.

Officers later nabbed Labador, who was said to be hiding nearby.

Labador is staying in a shelter run by the International Social Services Hong Kong, which had also assisted her since her arrest.

Her child is in the custody of the Social Welfare Department, the court was told.

2 Pinays tagged as likely victims of UK visa scam

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By Vir B. Lumicao

Police are investigating a group of people who allegedly helped two Filipino domestic helpers apply for a British work visa using forged documents purportedly supplied by their employers.

This was learned from a source familiar with the investigation who confirmed that the probe was directed at a certain “Miss Chan and other unknown people”, believed to be members of an organized crime group.

An officer of the Consulate's assistance to nationals section said the two Filipinas appear to be victims of an illegal recruitment syndicate offering jobs in Britain.

Both sources ruled out any involvement of the employers of the two workers, Criselda M. Bantasan and Cristy C. Par, in the fraudulent use of their documents. Bantasan and Par’s case has been transferred to the District Court in Wanchai, where it is scheduled for hearing on Apr 3.

The two helpers appeared on Mar 15 before Magistrate Peter Law in Eastern Court, where an amended charge was read to them.

Bantasan and Par face one count each of “conspiracy to use copies of false instruments”, nearly two years after they submitted the fake documents to staff at the United Kingdom Visa Application Centre at Leighton Centre in Causeway Bay.

The two, represented in court by a lawyer, are out on bail and staying in the homes of their respective employers, who also bailed them out.

It is alleged that on April 1, 2016, Bantasan went to the UK Visa Application Centre on the 15th floor of Leighton Centre in Causeway Bay and applied for an overseas domestic helper visa.

Bantasan allegedly conspired with a certain “Ms Chan” and other unknown persons to submit copies of fake papers to UK VAC staff Lo So-han to support her visa application.

The police report said the spurious documents were an ANZ Bank statement of Cheng Wing-ki, his letter to the British Consulate, an employer’s statement by Cheng, the Australian passports of Cheng and Ng Charmaine Oi-yau, and an overseas domestic helper contract between Bantasan and Cheng.

On May 30, 2016, Par also submitted fake documents to UK visa staff Cheng Yau-sun. The documents were also allegedly falsified in connivance with “Ms Chan” and other unknown persons.

The documents included a supposed Dah Sing Bank statement of Wong Wan-kee Winnie, a letter to the British Consulate that Wong had purportedly written, her employer’s statement, New Zealand passport, and an overseas domestic helper contract between Par and Wong.

The report said both Bantasan and Par submitted the copies of the documents which they allegedly “knew or believed to be false, with the intention of inducing (Cheng and So) to accept them as genuine” and grant them a work visa for overseas domestic helpers.

Tribunal awards maid’s $26,000 claim vs. employer

Posted on 04 April 2018 No comments
By Vir B. Lumicao 

A Filipino maid who had lodged labor cases against her employer for alleged illegal deductions and maltreatment won close to $26,000 in claims against the latter at the Labour Tribunal on Mar 23.

Tribunal presiding officer Daniel Tang granted Ariane Dimacali’s claim against Lau Wo-ying after the employer failed for the second time to attend the hearing, this time allegedly because she was on a trip abroad.

The resolution of the Tribunal case was a double victory of sorts for Dimacali, 28, against Lau, who allegedly made illegal deductions from her salary for every breakage or wasted food, including vegetables, in addition to maltreatment and other abuses.

In late January, the Tseung Kwan O police dropped their investigation into a theft case that the employer’s daughter had filed against Dimacali on Nov 13 last year after they argued over the way the maid sliced cucumbers.

Dimacali had said in submissions to the Labour Department and the Tribunal that on the same day Lau terminated her without notice and without paying her anything, including her November salary.

Lau’s absence on Mar 23 obviously incensed Tang, who dismissed a woman claiming to be Lau’s daughter and wanted to represent the defendant.

“Why didn’t Madam Lau inform the court that she would not be available for today’s hearing so this court can make a direction?” asked the presiding officer, looking upset.

The woman, Miss Lo, said she had faxed a message on Mar 22 informing the court that Lau could not attend the hearing because she was out of town.

Tang said as Lau was absent again, the court would have to decide on the domestic worker’s total claim of $25,974 in the employer’s absence.

The presiding officer told Dimacali to give evidence, and afterwards granted the helper’s claim of one month’s wage of $4,310 in lieu of notice, unpaid wages of $5,243.83, illegal deductions totaling $9,103, one-way air fare of $1,115, travel allowance of $100, severance pay of $6,045.80 and $190 for her visa extension cost.

The total award was $25,926.29.

Tang said the Tribunal would send Dimacali the formal award notice after seven days.

Whether Lau would pay up is another matter since the Filipina just had seven days left on her visa. She is, however, determined to look for a new employer.

On Feb 20, Tang told Dimacali he wanted to decide on the case and award her claim, but was adamant about seeing a proof that the police case filed against her by Lau’s daughter Chris Ng Sze-wai had already been dropped.

She was accused by Ng of stealing a necklace purportedly worth $170,000, which the maid said she might have accidentally dumped in a rubbish bin at Quarry Bay Park when she emptied her bag of crumpled tissue.

The worker said the police told her on Jan 27 that they had dismissed her case and had returned her $600 bail money, but Tang insisted on a proof.

The police would not give her a clearance personally but explained they would send it to the Tribunal if the Labour Department made a formal request. The Tribunal received the document shortly before the last hearing.

Maswerte ka ba sa Abril?

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ASO. Isinilang noong 1922/34/46/58/70/82/94/06
Kailangang gusto mo rin ang trabaho, hindi lang dahil malaking tulong ito. Aakuin mo ang pagiging lider ng mga kasamahan, at paninindigan mo ang awtoridad mo. Maging positibo sa pananaw sa buhay at iwasan ang mga negatibong bagay. Maganda ang pagsasama kung makokontrol mo ang pagiging kritikal sa maraming bagay. Ugaliing kumain ng balanseng pagkain at ipasuri ang iyong cholesterol. Lucky numbers: 8, 13, 25 at 40.

BABOY. Isinilang noong 1923/35/47/59/71/83/95/07
Piliting maging positibo sa kabila ng kalungkutang nararanasan ngayon. Hirap ka rin sa pagtulog, subukang uminom ng pampakalmang tsaa gaya ng peppermint bago matulog. Magtiwala sa iyong intuisyon, sigurado at epektibo ito. Maswerteng panahon ito sa paglipat ng bagong tirahan o pagbuo ng tahanan. Malaki ang tsansa na magiging masaya ang pagsasama kung mapapapakasal sa linggong ito.   Lucky numbers: 20, 23, 39 at 42.

DAGA. Isinilang noong 1924/36/48/60/72/84/96/08
Mag-ingat sa ilusyon: pangatawanan ang desisyong ginawa at panindigan ang opinyon. Madali kang mapagod at malapit sa disgrasya gaya ng pagkahulog at aksidente, ingatan ang kalusugan. Kailangang harapin ang bagong problema o pagbabago sa trabaho. Gagawa ka ng paraan upang mapalakas ang pagkabuklod ng pamilya at maayos ang problema. Mag-usap ng masinsinan at pakingggan ang sasabihin ang bawa’t isa. Lucky numbers: 6, 15, 22 at 45.

BAKA. Isinilang noong 1925/37/49/61/73/85/97/09
Tamang panahon na magkaroon ng pag-uusap sa mga anak. Masaya ang pagsasama at makakaasa ka sa buong atensyon ng kapartner. Posibleng makaalitan ang isang kaibigan, huwag hayaang lumala ito. Bantayang mabuti ang gastusin at gumawa ng naaayong budget. Alagaan ang sarili upang hindi tumanda agad. Kilangan ang malinis na pamumuhay, bantayan ang kinakain at iwasang ma-stress.  Lucky numbers: 17, 21, 25 at 41.

TIGRE Isinilang noong 1926/38/50/62/74/86 at 98/10
Huwag mawalan ng pag-asa sa gitna ng problema sa mahal sa buhay, malalampasan mo rin ito. Sa kabilang banda, ang love life ay magiging makulay. Maaaring sumpungin ng allergy at pagtatae sa mga panahong ito. Subukang magplano ng proyekto kasama ang mga kaibigan, kaysa sayanging ang oras sa inuman at mga kalokohan. Lucky numbers: 11, 16, 29 at 33.

KUNEHO Isinilang noong 1927/39/51/63/75/87/99
Mag-ingat sa mga delikadong sitwasyon, gaya ng pagkakamali at pagkaantala ng sulat, hindi pagkakaintindihan sa oras at lugar ng pagkikipagkita, at iba pang dahilan. Maging maingat sa pakikipag-transaksyon tungkol sa pera o ari-arian. Dagdagan ang pasensya at unawa sa karelasyon. Magagamit mo ng husto ang magandang personalidad upang mapasaya ang mga kaibigan at dumami pa ang kakilala na makakatulong sa iyo.  Lucky numbers: 9, 18, 37 at 41.

 DRAGON Isinilang noong 1928/40/52/64/76/88/00
Marami kang makikilalang pwedeng mapalapit sa iyo, ang kailangan mo lang gawin ay pumili. Iwasan ang pumasok sa delikadong transaksyon o sumugal sa stock market kung hindi kabisado. Kailangan mong pakalmahin ang sarili upang mabawi ang katahimikan ng isip. Walang matatanggap kung hindi pinagpaguran, ituloy ang laban! Ipipilit mo ang awtoridad sa malalapit sa iyo, pero nanaisin mo ring makasundo sila. Lucky numbers: 10, 15, 34 at 41.

AHAS Isinilang noong 1929/41/53/65/77/89/01
Itutuon mo ang lahat ng atensyon mo sa isang bagay upang makamit ito sa lalong madaling panahon. Magkakaproblema sa pera, pero maaayos mo rin ito. Maiiwasan ang kumplikasyon sa pagsasama kung susubukan mo na mas maging mapagbigay kaysa laging tumanggap. Dahil sa labis na pagse-seryoso sa lahat ng bagay kaya bumibigat ang pakiramdam mo. Ipakita ang pagmamahal sa anak upang mawala sa isip nila na wala kang pakialam.  Lucky numbers: 8, 12, 28 at 36.

KABAYO. Isinilang noong 1930/42/54/66/78/90/02
Kailangang magsalita at ipakita ang pagmamahal sa karelasyon. Lahat ng kontratang papasukan ay maganda ang magiging resulta. Magpakatotoo ka at huwag gayahin ang ibang tao. Isa sa mga anak mo ay ang kailangan mong pakinggan at unawain. Ang alitan sa kapitbahay ay maaayos sa diplomasya at respeto, pero kung hindi susunod sa usapan, daanin ito sa sulat. Lucky numbers: 9, 16, 34 at 37.

KAMBING. Isinilang noong 1919/31/43/55/67/79/91/03
May sapat kang tapang at sipag upang ituloy ang binabalak mo. Upang mapanatiling masaya ang pagsasama, magpakita ng kasiyahan at mag-ingat sa labis na pagseselos. Bawasan ang sobrang maanghang at maasim na pagkain. Maganda ang pasok ng pera ngayon, pero mag-ingat na masaid agad ito dahil sa walang patid na paggastos. Lucky numbers: 6, 17, 31 at 43.

UNGGOY. Isinilang noong 1920/32/44/56/68/80/92/04
Masaya at mae-enjoy ng husto ang love life ngayon. Kahit hindi ka mataba, iwasan pa rin ang pagkain ng sobrang matatamis, matataba at maalat na pagkain. Mahahanap mo ang katahimikan ng loob ngayon. Sa pamilya, huwag akuin ang lahat ng desisyon, hingin ang opinyon ng asawa mo. Maswerte ka sa papasukan mong trabaho o negosyo, pero mag-ingat na lumaki ang ulo dahil ito rin ang magpapabagsak sa iyo. Lucky numbers: 21, 26, 31 at 48.

TANDANG. Isinilang noong 1921/33/45/57/69/81/93/05
Magandang pagkakataon upang makahanap ng suporta at bagong kakilala na makakatulong sa trabaho mo. Magiging emosyonal ka pagdating sa love life, pero kaya mong kontrolin ang sarili at makagawa ng maayos na desisyon. Ang pagbabantay sa mga anak ay aakalain nilang tanda ng pagiging istrikto mo, magpasensya muna. Angkop ang panahon sa pagbibiyahe, pero kung may balak na manirahan sa ibang bayan, ipagpaliban muna ito at ayusin ang mga problema. Lucky numbers: 14, 22, 37 at 41.

Protesters denounce Duterte terror list

Posted on 03 April 2018 No comments
By Vir B. Lumicao

Militant groups and peace advocates in Hong Kong have protested the terror listing of more than 600 people critical of the Duterte government’s human rights policies.

The protest on Mar 21 led by the Hong Kong Campaign for the Advancement of Human Rights and Peace in the Philippines was held at the lobby of the Consulate under the watchful eyes of over a dozen policemen.
Leaders of Hong Kong Campaign for the Advancement of Human Rights and Peace in the Philippines take turns denouncing Duterte government policies and inclusion of 600 critics in the terrorist list,  during their protest at the lobby of the Consulate.

“Nais naming ipaabot sa ating gobyerno, itigil na po ang pandarahas, itigil na po ang pamamaslang, itigil na rin po yung pag-aakusa sa mga kritiko na sila ay mga terorista,” said Bayan Hong Kong & Macau chairman Eman Villanueva.

“Sa halip, pakinggan ang kanilang mga hinaing, pakinggan ang kanilang mga inihaharap na mga problema at resolbahin ang ito,Villanueva said, adding that there won’t be any protest if these issues are gone.

He later joined eight other rally leaders in a closed-door dialogue with Deputy Consul General Roderick Atienza.

Rally leaders in a closed-door dialogue with Deputy Consul General Roderick Atienza (right).
The protest focused on the inclusion of more than 600 human rights defenders nd government critics in a list of "terrorists" filed by the Department of Justice through senior assistant state prosecutor Peter Ong at a regional court in Manila on Feb 21.

The petition not only seeks to declare the Communist Party of the Philippines-New People’s Army as terrorist organizations, it also named individuals as their supposed leaders or members. These include the dead, missing and members of paramilitary units accused of killing Lumads in Mindanao.

“This is a brazen and malicious attack of the Duterte government against leaders of progressive and patriotic organizations and revolutionary forces who opted not to be silent in the face of anti-people policies and dubious campaign of President Duterte against illegal drugs and corruption,” the protesters said in a statement.

They said the petition filed at the regional trial court was an attempt to sow fear among Duterte critics and another step towards putting the country under martial law.

Included in the government's terror list is Ms. Victoria Tauli Corpuz, UN Special Rapporteur on the rights of indigenous peoples and former chairwoman of the UN Permanent Forum on Indigenous Issues.

Also on the list are leaders of indigenous people’s groups who are actively fighting to preserve ancestral domains and their right to self-determination.

After the dialogue, DCG Atienza told The SUN that the leaders "basically elaborated a bit more” on their concerns during their discussions.

He said the main issue was the DOJ's terror list, the suspended peace talks with the communist rebels, the impeachment case against Supreme Court Chief Justice Maria Lourdes Sereno, and several other concerns.

The Consulate will relay the protesters’ demands to the government in Manila as is the normal practice, Atienza said. 

The rally was supported by Legislative Councilors Fernando Cheung (Labour Party) and Au Nok-hin (Pan-Democrat), Civil Human Rights Front, League of Social Democrats, and members of the clergy Fr. Franco Mella, Fr. Dwight dela Torre of the Philippine Independent Church, and Pastor Joram Calimutan of ICCP.

Pwede mong salihan ito

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CARITAS PROGRAMS
Saturday Basic Cantonese
May 12 – Aug 25 2018 (16 lessons in total)
Time   : 10:00 - 13:00 (Total 50 hours)
Target : Ethnic minorities in HK with HKID
Fee     : HK$100 / head including materials (CSSA recipient : HK$50)
Venue : Caritas Fortress Hill Centre. G/F., No. 28A Fortress Hill Road, Fortress Hill, Hong Kong.

Saturday Basic Chinese Writing
Jun3 9 – Sept 22, 2018 (16 lessons in total)
Time   : 10:00 - 13:00 (Total 50 hours)
Target : Ethnic minorities in HK with HKID
Fee     : $100 / head including materials (CSSA recipient : HK$50)
Venue : Caritas Shek Kip Mei Centre. Rm. 107, 1/F, Tai Hang Tung Community Centre, 17 Tong Yam Street, Shek Kip Mei, KLN
For queries, call 2147-5988.

For Tinikling Lovers: The Tinikling Group of Migrants is in need of  male/female performers with or without experience, no age limit. TGM performs mostly for LCSD events. Interested person may contact Marie Velarde @ 67175379, Emz Bautista @ 98512804 and Rowena Solir @97331049.

Attention: Rugby enthusiasts: The Exiles Touch Rugby group is inviting rugby enthusiasts to join the team. We practice every Sunday at the Happy Valley Pitch 8 from 5pm to 8pmat the Happy Valley Pitch 8.  For those interested please contact: Ghelai 65414432 whatsapp/sms or click “like” on Exiles HK facebook page

Wanted: softball players: The all-Filipina softball team is now open for tryouts. Those who are interested, especially those with prior experience in the game may contact Team Captain Don Gaborno 5318-5113

An invitation to play volleyball: Calling sport-minded Filipinas who want to play volleyball. A team is being organized by a group led by Shane Key Gonzales to compete in upcoming volleyball leagues in Hong Kong. Interested parties may contact Shane at 54498080.

What's on where

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Scriptwriting Workshop with Ricky Lee
A rare opportunity to learn from the Philippines' foremost screenwriter, novelist and author
Apr 5 (Thursday, Ching Ming Holiday) 9am - 5pm, 18th floor POLO Office,Mass Mutual Tower, Wanchai
Co-organized by Labor Attache Jalilo dela Torre and The SUN

Child Care Workers Professional Training
Apr 8 (Sunday), 12nn-5pm;Apr 14 (Saturday), 1-5pm
Polo Community Hall,18th floor, Mass Mutual Tower, 33 Lockhart Road, Wanchai.Those shortlisted must be at the venue one hour before the start to register. Maximum No of Participants: 50

President Duterte Visit
Apr 12 (Thursday), 3pm - 9pm, Venue to be announced
Open to everyone but registration with the Philippine Consulate is required. To register, send an email to prrd.hk2018@gmail.com and attach a copy of your passport's data page, HKID, and mobile phone number. Registration ends on Apr. 2

Saturday Free Child Care
The Philippine Consulate General will be closed on the following dates:
    Mar 29-April 2- Maundy Thursday to Easter Monday
    April 5  (Thursday)  - Ching Ming Festival
    April 12 (Thursday) - President Duterte's Visit
There will be no official business transactions at the Consulate and POLO on these dates. In case of emergency, please call: 9155 4023 (Consular assistance),5529 1880 (POLO), 6345 9324 (OWWA)

CARD OFW HK Training Schedule
June 10, Livelihood Training;June 23, Saturday, Financial Literacy.Venue: Bayanihan Centre Kennedy Town
To register, call 95296392 or 54238196

“Singing While Filipino: Reflections on Authenticity and Labour” 
Lecturer: Dr. Anjeline de Dios, Lingnan University
April 9 (Monday), B5-417, AC1, Yeung Kin Man Academic Building, City
University, HK. Organized by: South East Asia Research Centre, CityU HK.
Open to the public

2 Filipinas with resident children fail to stop deportation

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By Vir B. Lumicao

Two Filipina former helpers who overstayed after giving birth in Hong Kong have failed in their case challenging the Immigration director’s orders for their deportation.

The two mothers, identified only as RMA and GDC in separate cases that the High Court heard jointly on Jan 27, 2016, sought the review to prevent being sent home so they could be with their resident children.

In a judgment on Mar 23, High Court Judge Thomas Au dismissed the applications, saying the applicants failed in all their grounds for seeking a judicial review. 

“In relation to the RMA judicial review, I would also set aside the ex parte leave on the basis of material non-disclosure,” the judge said.

The Court of First Instance took on the cases of RMA and GDC jointly because the first applicants are both mothers who have overstayed in Hong Kong and the second applicants are their children sired by Hong Kong resident fathers and born here.

RMA entered Hong Kong in 1998 to work as a domestic helper but her contract was prematurely terminated by her employer on June 28, 2002, the court said.

At the time, she had borne a child by her Filipino lover, a Hong Kong permanent resident. She gave birth on Jul 22, 2003 to SC, the second applicant, who became a Hong Kong permanent resident.

The man left both mother and child and got married in the Philippines in 2006. RMA surrendered to Immigration with SC in April 2007 and both were allowed bail.

RMA initially told Immigration she wanted to go home with her child but changed her mind and stayed on. The Immigration Director issued a removal order on Feb 14, 2008. She later cohabited with a Nigerian torture claimant with whom she had a daughter in 2011 and a son in 2012.

Applicant GDC, like RMA, came to Hong Kong in 1999 to work as a helper but was prematurely terminated in September 2010 when she wanted to go home “for rest”. She was pregnant at the time.

She applied for an extension of her visitor visa on the ground she was pregnant and needed to see a doctor every month.  She was allowed to stay until Oct 1, 2010 but she then overstayed.

GDC gave birth in January 2011 to JDS, who became a Hong Kong permanent resident receiving CSSA and attending school here. On Oct 15, 2011, she applied for a visa extension but it was then discovered that she had overstayed for over a year.

She told Immigration she was afraid of going home as her husband and parents did not know she got pregnant. When her husband found out, he threatened to kill her. She surrendered when she realized it was difficult to hide.  Her visa extension was refused.

In an interview with Immigration in late October 2011, GDC indicated she wanted to go home “as soon as possible because [she] wanted to settle with [her] husband in Philippines if he could accept [her]”.

In January 2012, she also lodged a torture claim, saying her husband would kill her and JDS if they returned to the Philippines. The torture claim was still being processed then.

Gladys Li SC of Daly and Associates represented the applicants in both judicial reviews.

The two cases were granted leave for judicial review on Mar 30, 2015 and the Immigration Director filed his evidence opposing the application about five months later on Aug 19, 2015 (in the RMA judicial review) and Aug 12, 2015 in the GDC judicial review.

The Director’s complaints of material non-disclosure in RMA’s case are these: She failed to disclose when she made her ex parte application for leave on a number of occasions.

“RMA is guilty of material non-disclosure and the leave application should be set aside also on this basis,” Judge Au said.

He said the applicants failed in all their grounds of judicial review and dismissed the applications on merits.  In relation to the RMA judicial review, he set aside the ex parte leave on the basis of material non-disclosure.

He ordered that the costs be taxed if the parties failed to reach agreement 

Matandang pasaway

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Abot-abot lagi sa pagkukuwento si Mona, 28, kapag ang alaga niyang matanda ang pinag-uusapaan.

Hirap na hirap daw siya dahil lagi siyang itinataboy ng matanda na 87 taong gulang at medyo mahina at bingi na. Gayunpaman, lagi daw siya nitong sinasabhan na hindi siya kailangan at ayaw siyang isama kapag lumalabas gayong ang kabilin-bilinan ng mga anak nito ay lagi niyang sasamahan.

May pagkakataon pa na dakdak ng dakdak ang matanda na parang sirang plaka. Sumasakit daw ang kalooban niya kapag paulit-ulit nitong sinasabi na ikuha na lang siya ng parttime. Lagi din daw kinukuwenta ng matanda ang kanyang kinakain, ang nagagamit na tubig pag naliligo at pati ng kuryente. Lagi daw siyang pinpatayan ng ilaw kahit alam nito na ginagamit pa niya.

Pero minsan naawa din si Mona sa matanda dahil sinasabi nito na walang kuwenta ang anak niyang babae dahil hindi siya inaasikaso at hindi niya makasundo kahit sila ay nasa ilalim ng isang bubong. Hindi katulad ng manugang niyang babae na laging dinadalaw at inaasikaso ang magulang.

Minsan, lumabas ito mag-isa at dinaklot ng tatlong ligaw na matsing ang kanyang dalang pagkain. Natumba ang matanda sa kakaiwas at pagtatangka na hindi maaagaw ang kanyang dala, kaya umuwi itong umiiyak dahil sa mga galos sa siko at tuhod.

Sa mga pagkakataong ito ay awa ang namamayani kay Mona. Pero sandali lang ay balik na naman ang matanda sa pagiging sutil. Kailangan pa niyang pilitin na hagurin ang likod para lumuwag ang plema nito, at pati pag-inom ng gamot. Mahilig din daw itong kumain ng tira-tirang pagkain kahit may bagong luto, na para bang gusto nitong magkasakit.

Pilit namang hinahabaan ni Mona ang pasensiya dahil ayaw niyang mawalan ng trabaho. Alang-alang sa kanyang apat na taong gulang na anak ay pipilitin daw niyang magtiis pa sa nalalabing anim na buwan sa kanyang kontrata. - George Manalansan

Presyong ginto ang nabiling isda

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Umuwing kinakabahan si Maricel dala-dala ang resibo sa nabiling isda na pagkamahal-mahal gayong hindi naman kalakihan.

Hindi kasi sila nagkaintindihan nung tindera. Ang dinig kasi niya ay $30 lang ang isdang itinuro at pinalinis. Ngunit nang iabot na niya ang $50 para ipambayad ay isinulat ng tindera sa papel ang tunay na presyo ng isda: $130 pala iyon.

Napanganga si Maricel pero kailangan niyang bayaran dahil napalinis na niya. Ubos agad ang budget niya para sa dalawang araw. Buong araw siyang pinagpawisan at hindi makapagtrabaho ng maayos dahil sa nagyari, hanggang dumating ang amo nya.

Kinakabahan na sinabi ni Maricel sa among lalaki ang pagkakamali, at ganoon na lang ang pasasalamat niya dahil tinawanan lang siya nito  at sinabing huwag nang mamroblema.

Baguhan pa lang si Maricel sa mga among taga Taipo, at may dalawa siyang alaga, isang 10 at isang walong taong gulang. Siya ay 24 taong gulang, dalaga, at taga Bulacan. Kahit mababait ang mga amo niya ay hindi pa rin maiwasan ni Maricel ang mag-alala dahil pareho pa silang nag aadjust. - Rodelia Villar

HK Police ‘elevates’ case vs Ester Ylagan

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By Daisy CL Mandap


Ester P. Ylagan
The investigation into fraud and money laundering allegations against former employment agency owner  Ester P. Ylagan is now with Hong Kong Police's Regional Crime Unit.

This was revealed by police investigators at the Central Harbourfront station who conducted two full-day interviews on Mar. 11 and 18 with about  40 Filipina domestic workers who had complained against Ylagan.

"We have elevated the case to the Regional Crime Unit," said an investigator, indicating some progress in the two-year-old case.

The statement was confirmed by Edwina Antonio, case officer of the Mission for Migrant Workers, which is helping the OFWs pursue their claim against Ylagan.

"The police have temporarily stopped taking statements. They will inform us when they plan to resume this. The statement taking will then be transferred to the Admiralty police station," said Antonio.

About 100 OFWs first sought police help in July 2016 after Ylagan disappeared with some $2 million in fees she allegedly collected from them for non-existent jobs in Canada and Britain.

However, no action was taken in their case then because Ylagan beat them to the police with her own complaint about having been duped into transferring some $8 million to an unknown business partner in Burkina Faso.

Ylagan said in her complaint that a bigger part of the money had come from her own funds.

However, documents recently submitted to the police by a concerned group of investigators appeared to indicate Ylagan was probably involved in a serious case of money laundering.

The money trail apparently showed Ylagan had transferred millions of dollars through numerous remittances to countries as far apart as Nigeria. Turkey and Malaysia.

She was reportedly helped in transferring the money by close family members and her former staff at Emry's Service Staff Employment Agency.

The allegations are backed up by remittance slips shown to The SUN by the team of investigators led by lawyers.

However, where the money came from - apart from the fees paid by the job applicants - and where it went remains a mystery.

Meanwhile, investigators in Manila have also closed in on Ylagan, who also faces charges from family members of the OFW complainants for whom money was paid for the bogus jobs.

Investigators from the Philippine Overseas Employment Administration (POEA) have filed charges of syndicated illegal recruitment against her, a non-bailable offense for which the maximum penalty is life imprisonment.

Ylagan returned to Hong Kong in December last year after an absence of more than a year to file a case for deception against suspended barrister, Ody Lai, who she claimed had fraudulently acquired her Aberdeen flat worth $6.5 million at current rates.


Moves to reverse Labatt’s recall gain ground

Posted on 28 March 2018 No comments
By Daisy CL Mandap

Various groups in Hong Kong have initiated steps to get Labor Attache Jalilo dela Torre remain in Hong Kong, despite orders for his immediate recall on Mar. 23 by Philippine Labor Secretary Silvestre Bello III.

Among the groups trying to reverse the order is United Filipinos in Hong Kong (Unifil-Migrante) which has appealed to Foreign Secretary Alan Peter Cayetano for help.

Unifil spokesperson Eman Villanueva says Secretary Cayetano has given assurance that he will bring up the appeal directly with Bello.

Labatt Jalilo dela Torre makes an appearance at rally last Sunday, March 25.

Another group staunchly supporting Dela Torre reportedly met with Cayetano in Hong Kong on Mar 25 to ask for help, and submitted a joint petition by more than 30 Filcom organizations calling for the reversal of the recall order.

They have yet to get an update from Cayetano on their petition.

Both Cayetano and Bello are known to be among President Rodrigo Duterte's closest allies, and had worked closely with him during the 2016 campaign.

Another group is reportedly planning to present the Filcom's joint statement protesting the recall directly to President Duterte when he visits Hong Kong on Apr 12.

Yet another group, composed of non-Filipino students in Hong Kong , has started their own online signature campaign protesting dela Torre's recall.

The group that goes by the  name Students Against Fees and Exploitation, said it supported dela Torre's crackdown on rogue employment agencies.

Amid the outcry, The SUN sought Bello's reaction through SMS, and he replied with this statement, "I respect their iright to air their grievance but they (also) have to respect our mgt (management)/procedural due proess".

He declined to elaborate.

To other interviewers, Bello gave varying replies.  In one, he was quoted as saying dela Torre's recall was merely temporary.

This was the exact opposite of the letter he sent to Dela Torre on Mar. 23, which clearly stated: "In the interest of the service, you are hereby recalled to Home Office effective immediately."

Bello's letter also ordered Dela Torre to turn over all money, properties, equipment and accountable forms to Assistant Labor Attache Ma. Nena German, indicating the recall was final.

In a separate interview with the Blas Ople Center, Bello reportedly said Dela Torre was found to have engaged in "favoritism" in approving accreditation requests by employment agencies.

Earlier, he also suggested Dela Torre had violated rules when he issued overseas employment certificates to Filipinos working in Shenzhen.

However, an officer at the Consulate told The SUN there was nothing anomalous in the practice.

But the real reason why dela Torre got into hot water was apparently his decision to reject a second job order for "entertainers" in Wanchai, after a surprise inspection found the women workers clad only in skimpy outfits.

Asked how he felt about Bello's statements suggesting he ws found guilty of some misdeed, Dela Torre said, "I'd be happy to answer the charges if they are made known to me."

He admitted being surprised by the immediate recall order, as he had not been formally informed that he was under investigation.

He did learn from his staff, however, that a top-level delegation from the Home Office had visited Hong Kong while he was away on vacation in February, to check on his performance.
He reiterated he didn't have any problems getting marching orders, but he didn't want to go under a cloud of doubt.

The moves came amid extensive media coverage given to Bello's unceremonious sacking of his HK man, who has won wide support for his crackdown on illegal recruitment and human trafficking.

The interest heightened after a massive show of support given to dela Torre by various overseas Filipino workers groups in a protest held on Mar. 25.

Apart from the relentless posts on social media by various people, news organizations like Thomson-Reuters, South China Morning Post and Philippine TV networks ABS-CBN and GMA Network have all repoted on the case.

The Blas Ople Center also stirred interest when it hosted a news conference on Mar 26 where several  OFW groups extolled dela Torre and backed calls to retain him in Hong Kong.


Filcom groups, students stage protest against Labatt’s recall

Posted on 26 March 2018 No comments

By Vir B. Lumicao

Volunteers at the Philippine Overseas Labor Office staged an unprecdented walkout on Mar 25 to join some 400 people in a rally calling on the government to retain Labor Attaché Jalilo dela Torre and recall his deputy instead.

The rally outside Mass Mutual Tower in Wanchai, site of POLO Hong Kong, brought together groups of opposing political beliefs as they stood solidly behind the official.

Labor attache Jalilo dela Torre shows up near the POLO building where the protest was he;d.
“No to recall, no to recall!” and “Laban ni Labatt, laban nating lahat!” the mostly domestic worker protesters shouted as they massed in the narrow alley between the building and the Lockhart Road playground  

The protest highlight came around 1pm when the man they were fighting for arrived and joined the rally. Shouting “We love Labatt!” and “Walang palakasan!” supporters broke into tears as they pressed around Dela Torre. Soon the official was himself in tears.

He thanked his supporters, explaining that his was a job wherein he could be recalled at anytime, but wished it was for the right reason.

“Anuman ang mangyari, ipinangangako ko na lalo kong pag-iibayuhin ang ating laban sa mga human trafficker, rogue agencies, at sa mga ahensiya na naniningil nang sobra. Saan man ako makarating… kahit wala na ako sa Labor, ipaglalaban ko pa rin kayo,” he said.

The outpouring of support began on Mar 23, as soon as word spread that Labor Secretary Silvestre Bello III had sent Dela Torre the recall order “with immediate effect”.

Dela Torre told The SUN he suspected his recall was linked to a months-old job order for bar dancers from a Filipino employmenr agency that he had rejected. He said with him out of the way, it was likely the POLO officer-in-charge, Assistant Labatt Maria Nena German, would approve the job order.

His recall came two months after a three-man fact-finding team headed by Aristodes Ruaro, deputy administrator for licensing and adjudication of the Philippine Overseas Employment Aministration came to Hong Kong to conduct an invesigation into  Dela Torre's alleged misdeed. The group also included DOLE's regional director in Davao, Raymundo Agravante, the man reportedly being eyed to be Dela Torre’s successor. 

The investigation was conducted while dela Torre was in the Philippones for a vacation.  Neither he nor the officers of the Consulate were informed about the visit, in violation of government protocol and due process.

Contacted by The SUN through SMS shortly after the supposed investigation, Secretary Bello replied curtly, "Fake news.".

Rally speakers took turns blasting Bello and those who plotted Dela Torre’s recall in the middle of his anti-human trafficking and illegal recruitment campaign.

“Secretary Silvestre Bello, ang sabi mo noon, fake news ang balitang ire-recall mo si Labatt. Sabi mo walang recall. Ngayon, immediate recall! Nasaan ang pangako? Puro ka pangako, napapako!” said opening speaker Leo Selomenio, chairman of Global Alliance.

Guy Benitez, president of the Filipino Migrant Workers Union, said Bello was the No.1 liar, having told workers during his visit to Hong Kong in 2016 that they could return home because there were jobs waiting for them, but there was none.

She said it was Dela Torre who had a heart for the OFWs and did not deserve to be recalled.

“Wala po tayong alam na ginawa niyang karumal-dumal sa ating mga OFW. Maituturing na bang kasalanan ang pagbubulgar niya na walang trabaho sa Russia, Turkey at China? Kapag si Labatt ay na-recall, magpipiyesta ang mga ganid na recruiter at trafficker. Dapat sila ang parusahan dahil lumalabag sila sa POEA guidelines,” Benitez said.

Gemma Lauraya, president of the National Organization of Professional Teachers that led the walkout of POLO volunteers, pledged NOPT’s support to Dela Torre “until the end”. The walkout forced BM Online processing to start only at 4pm as volunteers were gone and only shelter wards were present.  

Lauraya said Dela Torre helped teacher-helpers take their licensure examinations in Hong Kong and provided them with continued professional development trainings.

“We are in disgust, we are disappointed. Sinasabing fake news, ngayon nandito na. Hindi iyan puwede. No to recall!” Lauraya said.

Resty Arreza of Mindanao Federation said Dela Torre was a true public servant, the only labor attaché here who sacrificed his meal just to serve the OFWs and who had genuine sympathy for workers and their families.

He urged Bello to withdraw the recall order, saying: “Pakinggan nyo po ang boses ng mga OFW dito sa Hong Kong. Kami po ang nakakakilala sa kanya at pinipilit naming mapanatili dito si Labatt Dela Torre.”  

The Students Against Fees and Exploitation, a group of Hong Kong University students, aired their support for Dela Torre against blackmarket agencies and opposed his recall.

Emcees from militant groups who led the rally compared the recall of Dela Torre to an OFW who gets terminated without notice. “We feel you, Labatt,” they said.

Eman Villanueva, chairman of Bayan Hong Kong & Macau, said those behind the recall plot should be sacked because they are known to favor agencies. He cited in particular German, who he said had been very friendly to agencies that pampered her with gifts.

The protesters afterwards handed to ALA Angelica Suñga a petition from 85 Filcom groups and 9 individuals urging the government to revoke the recall of Dela Torre.
Protesters present their petition to Assistant Labor Attache Angelica Suñga.

DH jailed for using expired contract to get loan

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By Vir B. Lumicao

A Filipina domestic helper was jailed for two months by the Shatin Court on Mar. 1, following her conviction on a charge of using her expired work contract to take out a loan last November from a branch of a lending company in Shatin.

The helper, 42-year-old Marites F. Olarte, wept with remorse in the dock and pleaded guilty after the summary of facts relating to a charge of  “obtaining pecuniary advantage by deception” was read to her.

The report said Olarte went to the Prime Credit shop at Lucky Plaza in Shatin on Nov 6 last year and applied for a loan of $40,100. She allegedly presented her work contract  and work visa, which by then had become invalid because she was terminated by her employer, Wong Chin-wang, on Nov 4.

A Filipina staff of the lending company gave Olarte $15,661, after she settled an existing loan. The new contract stated that she should repay the loan in 17 monthly installments of $3,121.

She was able to pay the first monthly installment and then stopped paying, leaving an outstanding loan of $49,936, the prosecution said. The lender investigated when Olarte defaulted in her payments and found out from Wong and Immigration that she had left Hong Kong after being terminated.

Olarte was arrested at the Hong Kong International Airport on the night of Feb 11, 2018 on her return from the Philippines supposedly to start working for a new employer the next day.

The duty lawyer assigned to defend her begged for leniency, saying the woman was separated from her husband and came to Hong Kong five years ago to work as a domestic helper. He said the helper needed money to pay an employment agency that got her a new employer after she was terminated, and to pay the graduation expenses of her children.

The lawyer said Olarte entrusted money to a friend and townmate to pay the November and December installments of the loan before she went home on Nov 11 to wait for her new visa. But the friend paid only the November installment, the counsel said.

After considering the mitigation, Magistrate Don So sent Olarte to two months in jail, after discounting the prescribed sentence by a third for her guilty plea.

Body contact ‘gesture of friendship’, court told in indecent assault trial

Posted on No comments
An Italian restaurant executive accused of indecent assault by a Filipina customer did not intend to commit the alleged offence, the defendant’s lawyer told Eastern Court on Mar. 9.

The lawyer argued that body contact is not unusual in Italian restaurants as it is a “gesture of friendship”.

He was summing up the case for his client, Marco Bianchi, on the second of a two-day trial before Magistrate Li Chi-ho. The court reserved judgment until Mar. 28.

Bianchi faced one charge each of indecent assault for allegedly touching the Filipina, identified only as “Miss X”, in the buttock; and common assault for bumping her.

The defendant denied both charges.

The alleged incident happened in October last year at Level 2 restaurant, where Bianchi was said to be a manager.

He reportedly followed the woman as she was leaving the restaurant, then drew close to give her a hug. In doing so, his hand apparently touched the woman’s top left hip.

According to the defense, both acts were unintentional, and body contact is not unusual in Italian restaurants.

 “It is not indecent because it is a gesture of friendship,” the defense lawyer said.

As for the accusation that the defendant had touched Miss X’s buttock, the lawyer said due to Bianchi’s height (he was about 6ft tall and has long arms) he may have unintentionally touched her left hip.

Miss X gave evidence on the first day of the trial. A CCTV footage of the incident was played back in court but the defense said it did not show the alleged touching.   – VB Lumicao

Organize, protest, but don’t expect a coup just yet: Magdalo

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By Leo A. Deocadiz

Samahang Magdalo, the Congress partylist which evolved from a group of soldiers who attempted a coup d’etat in November 2007 against then President Gloria Macapagal-Arroyo, is holding off on encouraging a coup against President Rodrigo Duterte

“We don’t encourage it,” Magdalo Rep. Gary Alejano told a group of OFWs who formed the partylist’s Hong Kong chapter recently. “If may nagsasabi na ‘mag-aklas tayo, panahon na!’, we don’t encourage it. Kaya nga dinadaan natin sa proseso — impeachment, nagresolution tayo, nag-ICC (International Criminal Court). Kasi proseso tayo.”

Rep. Gary Alejano.
Alejano warned of the dangers of a premature coup in the Philippines. With Duterte’s trust ratings high, for example, the natural succession – where Vice President Leni Robredo would step in if he is removed – may not be followed. “Hindi tayo makasigurado na makaupo siya (Robredo). Kasi baka magkaroon ng palace coup diyan,” he added.

 “Kailangan talaga ma-realize ng taumbayan muna, bumaba yung ratings niya, ma-expose siya, so kahit mawala siya, tanggap nating lahat.”

But he said that from conversations with people in the Armed Forces of the Philippines, especially those who have retired and therefore could speak more freely, they detect a ferment of dissatisfaction. “Kahit anong administration may sama ng loob iyan. Depende na lang kung gaano kataas, gaano kalaki,” Alejano said.

“Ang message sa akin ay nahihiya silang tawagin na sundalo kasi parang inutil sila sa harap ng China,” he said, referring to Duterte’s ignoring China’s encroachments in the West Philippine Sea and setting up military bases on artificial islands it built within the exclusive economic zone of the country.

This was different from when the soldiers were fighting the Moro Islamic Liberation Force, which had set up checkpoints during the time of Presidents Joseph Estrada and Arroyo, who kept siding with the MILF. “Ang hirap tanggapin. Pero alam mo na ginagawa mo ang trabaho mo,” Alejano said.

Under Duterte, he added, “para kayong inutil. Nawala na yung saysay n’yo.”

Another sticking point was the recent scandal involving the purchase of two warships by the Philippine Navy, which resulted in the replacement of its chief and the government accepting changes in specifications that he was opposing.

The Senate conducted hearings that practically cleared Special Presidential Assistant Bong Go of accusations that he influenced the deal.

“Malaking isyu iyan sa AFP. Kung titingnan nila, okay lang sa taas. Sa baba, malaking isyu ‘yan. Kasi tama talaga yung Navy doon. Kasi ganito iyan: Ikaw ang bibili, didiktahan ka ng bibilhan mo? May pera tayo, tayo ang end-user, contractor dapat sundin ang gusto natin. Interest ng bansa iyan, …magiging basis iyan sa future procurement,” he said.

Alejano noted the presence of most Cabinet members at the hearing, showing support for Go. “Bakit ganoon ang suporta kay Bong Go? Kasi Bong Go is Duterte. Walang gagawin iyan si Bong Go (na hindi alam ni Duterte). Otherwise, kung magdidiskarte si Bong Go, matagal nang sinipa ni Duterte yan.”

Still, such dissatisfaction falls short of the “tipping point” that could trigger a coup, Alejano said. 

“Kasi marami ang nagsasabi na hintayin natin ang tao. Huwag nating hintayin na dumami ang tao. Gumawa tayo ng bagay para dumami ang tao. Ibig sabihin, tumayo tayo, we organize, we do something. Hindi puwedeng passive lang tayo , hintayin natin silang dumami. So kung gusto nating dumating sa tipping point na iyan, gawin natin yung role natin,” he added.

Alejano explained that in the Philippines, the 20 per cent at both ends of the political spectrum are tugging at the 60 per cent in the middle. So far, with its propaganda machine that dominates the conversation, the Duterte side has been able to pull the majority of that 60 per cent.

But the popularity ratings that are helping keep Duterte in power may be illusory.

For example, he said, popularity surveys need the help of barangay captains, who are involved in listing people to be included in tokhang, the heart of the war on drugs that has killed more than 20,000 people. So if survey-takers ask if they support Duterte, they would naturally play safe. “In reality ang daming takot, iyan ang nagsasabi ng yes,” he added.

In the meantime, Duterte is testing the limits of the people’s patience. His government has jailed top critic Sen. Leila de Lima, buried Ferdinand Marcos as a hero, harassed the media, pushed federalism to tailor the Constitution around Duterte’s plans. The government adopted the TRAIN (Tax Reform for Acceleration and Inclusion), the law that raised taxes, which in turn has resulted in the rise in prices of food and other prime commodities.

“Sinubukan nila at nakaya nila na walang reaction from the people. Now they are after CJ (Chief Justice Maria Lourdes) Sereno,” Alejano said.

How to counter these moves?

For its part, he said Magdalo initiated the filing of complaints at ICC accusing Duterte of genocide, crime against humanity and war crimes, mostly as a result of his war against drugs.

Alejano said that if the ICC starts its investigation, it could issue an arrest warrant against Duterte and his top officials to immediately stop the killings.

Although there is no assurance that Duterte will be arrested in the Philippines since it is the state that should do it, it could become an issue within the military. “Takot sila diyan” he said. “At kahit hindi mangyari iyan, hindi siya makalabas ng Pilipinas. Puwede siyang aresturin kung magpunta siya sa isang miyembro ng ICC. Pati alter egos niya pwedeng hulihin. So maiipit siya sa Pilipinas.”

Still,  he said,”it’s very hard to rely on those processes in order to save us from Duterte.”

Magdalo Hong Kong members are welcomed into the group.
Alejano advised his followers to organize and build support.

Competing with Duterte supporters in noise is counter-productive. “Paawayin lang kayo sa trolls, paawayin lang kayo sa mga DDS,” he said “Hindi ka sanay minumura. Atras ka na lang sa discussion.”

He advised them against being defined by Duterte folliowers sa yellow. “Ang suggestion ko, walang kulay. Kami ay concerned Filippinos. Kung sabi nyo na may kasalanan ang dilawan noon, kung sino may kasalanan managot. We don’t defend. For example, sa administration ni PNoy (ex-President Benigno S. Aquino III) na may kamalian, dapat managot sila. But it doesn’t mean na excused ka ngayon, Digong. Managot ka rin. Iyon ang iniingay namin.”

On ‘finished contract’

Posted on No comments
By Cynthia Tellez

Consider this situation:

A migrant domestic worker will be finishing her contract of employment but will not sign another contract. She informs her employer four months in advance to give the employer the chance to find a new domestic worker to replace her. After processing a contract with a new worker and this new worker arrives in Hong Kong before the contract with first worker is finished, the employer decides to terminate the contract with first worker who still has about 1.5 months left in her visa. Both employer and placement agency representative tell her it is “early release”, and that is still considered “finished contract”.

This is misleading.

Another employer decides to terminate the contract but promises the worker that they will not inform the Immigration Department about it until worker finds a prospective employer.  If you follow this, you may be at risk of staying beyond your visa or find yourself in what we oftentimes call “overstaying” situation.

Every year, the Mission For Migrant Workers assists cases as described above.   

There are also instances when the situation ends up with some kind of an understanding with the employer - or so they think - of an agreement. But in many such instances, the domestic workers also find themselves either overstaying their visa and/or are charged with false representation.

Overstaying happens when the date the employer notifies the Immigration Department of the termination of contract is earlier than what the worker declares in the Immigration. This will raise an alarm and an investigation will be called. The processing of your work contract will be delayed, and your prospective employer may even lose interest and find someone else with less complications.

False representation, meanwhile, is when after a thorough investigation, Immigration finds that one of parties had declared a wrong date of termination of the previous contract. If it happens to be the domestic worker, Immigration may just ask the worker to leave Hong Kong without filing charges against her/him (but she is marked),  or they may impose a penalty, or actually file charges. No one can tell what will happen because that is discretionary on the part of the Immigration officer. Their judgment of the facts is what counts the most.

It is therefore always important to stick to the truth. Keep in mind that no one has control over another person’s decision or another person’s promise like that of your employer. Do not put yourself in a risky situation even, or especially, if it is the agency that encourages you to do it. Once you have a criminal record, it can prevent you from enjoying many opportunities. So immediately inquire from service providers like the Mission For Migrant Workers (2522-8264) if in doubt.

Likewise, note that the Immigration has a pro forma (standard form) for termination of contracts. Whoever initiates the termination of contract should sign this form and ask the other party to countersign before sending it to the Immigration Department to properly inform them that the particular contract is prematurely terminated or has expired.

If this can help you, know that “early release” has something to do with the “Two-week Rule” that was imposed in April 1987. After several protest actions by organised migrant domestic workers groups, four Filipino domestic workers challenged the Immigration Department’s policy in court. While that Judicial Review case failed to remove the rule, four exceptional cases were adopted by the Immigration Department: (a) those whose contracts were terminated because of employer’s death, (b) employer’s relocation outside of Hong Kong, (c) employer’s financial incapacity, and (d) physical or sexual abuse of the worker by the employer.

The Immigration continues to cut a foreign  domestic worker’s visa to 14 days’ validity for any premature termination of contracts. The 14-day policy remains, and in truth, is sometimes applied even with the exceptional cases mentioned above.

The exemption being referred to, therefore, is only related to the processing of a new contract. If a case falls under any of the above exemptions, Clause 2.(C) of the Employment Contract applies immediately. But take note that the exemption will be applied only if within 14 days, the exempted applicant is able to present a new contract application with a prospective employer. Once the working visa is approved, s/he can start working for the new employer without having to exit Hong Kong first. Immigration will give the worker a year’s visa with a reminder to the employer that the worker has to exit Hong Kong within that first year’s visa before they give the visa for the second year.

Therefore, even if you fall under the exceptional cases when your contract is prematurely terminated, but in 14 days’ time you failed to find a prospective employer and failed to apply for a new employment contract, you still have to leave Hong Kong by the end of the 14 days. That means you lost the opportunity. Any stay beyond the 14 days’ requirement needs the prior approval of the Immigration Department. Depending on your circumstance, if valid, your extension of stay will be allowed such as when you have a case pending in the Labour Department, Police Department or any such government bodies. Otherwise, you may just be given an extension of one or two days with the same standard visa fee.

If you are still uncertain whether the remaining days left in your visa would be sufficient to consider your case as one with a finished contract:
1. Count the number of days of annual leave that you are entitled to,
2. Trace back and look into your calendar if you still have unspent days-off,
3. Check the number of Statutory Holidays if indeed you have taken 24 days in the two years of your contract with employer; and,
4. You are paid until the last day of your working visa.

If you have any such vacation or rest days owed you, you can apply these to the time left in your visa, meaning you can leave your employment earlier and still be considered as having finished your contract.

We do hope that given the above points that you need to recall to ascertain your situation, you will see the importance of keeping a diary, besides giving you the chance to have a keen understanding of the the situation you are in. Again, when in doubt, consult.

---
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.

Dapat hadlangan ang kutsabahang kontra-OFW

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Ni Vir B. Lumicao

Isipin kaya natin kung ano ang mangyayari sa mga OFW dito sa Hong Kong kapag muling naghari ang ilan sa Philippine Overseas Labor Office na dikit sa mga employment agency.

Malamang na darami ang mga manggagawang Pilipino na magdurusa dahil sa masamang alyansa ng mga mapagsamantala at ganid na mga ahensiya sa empleo.

Naiisip namin ang hindi magandang hinaharap ng mga OFW dahil sa tangkang pagpapatalsik sa pinuno ng POLO na kinatatakutan ng mga ahensiya at mga abusadong amo dahil sa kanyang tigas ng loob sa pagtatanggol sa mga manggagawang Pilipino.

Ang tinutukoy namin ay si Labor Attaché Jalilo dela Torre na pinupuntiryang siraan sa Philippine Overseas Employment Administration upang matanggal sa kanyang puwesto sa POLO Hong Kong.

Kapag nanaig ang mga kampon ng kabulukan ay luluha ang mga OFW at magpipista ang mga anay sa POLO na noong una pa man ay mga kaalyado na ng mga ahensiyang lokal.

Ito ay dahil sa madali silang palambutin ng mga regalo at iba pang mga hatag ang mga dati nang bulok. Alam iyan ng mga tusong ahensiya. At alam din nila sa habang naririyan si Labatt Jolly ay hindi sila makakaporma.

Sariwa pa sa isip namin ang mga pangyayari noong wala pa rito si Labatt Jolly, nang ang kultura ng korupsyon sa Maynila ay dinala rito ng isang pangkat na nasisilaw sa mga hatag na “biyaya” ng mga kaibigang ahensiya.

Namataan namin nang ang isa sa pangkat na iyon ay inabutan ng sobre ng isang sugo ng ahensiya at pasimple namang pinatungan ito ng dokumento ng tumanggap.

Natatandaan naming na noong mga panahong iyon ay tila mga hari at reynang pumapasok sa POLO ang mga may-ari ng ahensiya at regular na nakikipagpulong sa mga opisyal nang nakasara ang pinto upang talakayin diumano ang mga isyung pang-OFW.

Nagtaka kami dahil kabilang sa pangkat na iyon ng mga ahensiya ang ilan sa mga madalas ireklamo ng mga OFW dahil sa paniningil sa kanila nang labis sa 10% ng unang buwanang sahod alinsunod sa batas ng Hong Kong.

Kabilang din ang ilang isinusumbong ng mga manggagawa na nagdadala sa kanila sa pautangan upang papirmahin sa pag-utang ng malaking halaga ngunit pagkatapos ay kukunin ng ahensiya ang salapi.

Noong panahong nangyayari ang mga ganoong katiwalian ay tila higit na pinuproteksyunan ng POLO ang mga nagkasalang ahensiya. Isang halimbawa: kapag tinanong mo ang kaalyadong opisyal kung ano ang pangalan ng isang nagkasalang ahensiya ay ayaw ibigay ng nasabing tao para diumano sa proteksiyon ng nasasangkot.

At madalas ding kapag may reklamo sa isang ahensiya rito ay agad “iniindorso” sa POEA nang walang nakikitang agarang aksiyon laban sa lumabag na ahensiya.

Kapag nasa Maynila na ang kaso ay saka tatawagin ng POEA ang mga nagreklamo kahit batid nilang hindi basta-basta nakakaalis ang mga iyon. Ang resulta: talo ang OFW.

Wala silang kinatatakutan noon. Nakakapag-party sila. Hayagan ang magandang relasyon ng mga ahensiya at ang mga kaalyado nila sa POLO.

Pagmasdan ninyo ang pahina sa Facebook ng mga namayagpag na ahensiya at makikita ninyo na hanggang sa Pilipinas ay dumarayo sila upang dalawin ang mga dati nang kaibigan nila sa POEA at POLO.

Malaswa ang pagkakaibigang iyon ng mga ahensiya sa mga opisyal ng isang tanggapan ng gobyerno na may misyong ipagtanggol ang manggagawang Pilipino sa ibayong-dagat.

Nakita namin ang malaking pagbabago nang dumating si Labatt Jolly. Nahinto ang pamamayagpag sa POLO ng mga nasabing ahensiya. Ngunit kamakailan ay muling nabuhayan ang mga tiwaling tauhan na dapat sana ay malaon nang pinabalik sa Maynila.

At ayon sa mga balitang nakakarating sa amin, nag-umpiang muli ang pagdating ng mga regalo sa mga elementong iyon, ang pagkakaiba nga lang ngayon ay sa mga bahay na inihahatid o iniaabot sa opisina nang paiwas sa mga CCTV camera sa POLO. 

Hindi natin dapat palampasin ang ganitong mga bulok na gawaing sa bandang huli ay makasasama sa kapakanan ng mga manggagawa. Magmasid tayo, ilantad ang katiwalian at ipagtanggol natin ang taong tunay na nagmamalasakit sa mga OFW. 

Protest rally set Sunday as Labatt Jolly is recalled

Posted on 23 March 2018 No comments

By Vir B. Lumicao 

Labor Attaché Jalilo dela Torre has been recalled home by the Department of Labor and Employment and Filipino workers in Hong Kong are planning a mass protest this Sunday, Mar 25, to denounce his pullout
.

Labatt Jolly, probably the best-loved head of the Philippine Overseas Labor Office in Hong Kong by OFWs yet the most-hated by exploitative employment agencies and bad employers, told The SUN he received the order from Labor Secretary Silvestre Bello III on Friday, Mar 23.

“Immediate ang nakalagay,” Dela Torre said when asked if Bello specified a date for his return home.

The official said he suspected that his recall was connected to a months-old job order for bar dancers from a well-known Filipino talent importer/supplier that Dela Torre had refused to endorse for obvious reasons.

With Dela Torre out of the way, whoever takes over his post, even as just officer-in-charge, might bend over and approve the job order.   

Dela Torre, who has fearlessly launched a campaign against human traffickers targeting Hong Kong-based OFWs with promises of better-paying jobs in Russia and elsewhere, said his departure would not halt the crusade.

“No, I don’t think so. Hopefully, the crusade will be continued by the PCG… I will continue it wherever I am, even when I’m no longer in government. I plan to do some writing,” said Dela Torre, a lawyer and writer.

He said he did not think his successor would ever have the courage to pick up the campaign against human traffickers.

“I think the agencies here were also scared of my new accreditation system where they have to be ethical recruitment-compliant and be certified to be so in order to get accreditation,” the labor attaché said.

Initial OFW reaction to the recall order indicated difficult times ahead for whoever will take over Dela Torre’s position.

Just a few hours after hearing about the recall order, leaders of Filipino community groups expressed their indignation, saying Dela Torre is being pulled out just when the genuinely pro-worker labor attaché had begun to improve the situation of OFWs here.

OFW groups will hold a mass protest starting at 10:30am outside the Mass Mutual Tower in Wanchai on Sunday in support of Dela Torre. Even volunteers, angered and saddened by the news, are planning a boycott of POLO this Sunday, Mar 25.

Eman Villanueva, chairman of Bayan Hong Kong & Macau, condemned the recall of Dela Torre in a statement to The SUN:

“Mariin naming kinokondena ang recall order kay Labor Attache Jalilo Dela Torre. Malinaw na nakapanaig ang interes ng mga recruitment agencies at human traffickers dahil sila ang pinaboran ng administrasyon ni Pres. Duterte at hindi ang mga OFWs.

“Balita din namin na isang taga-Davao regional office ng DOLE ang ipapalit. Malinaw na mas mahalaga ang palakasan sa administrasyon at hindi ang interes ng mga kababayan na magkaroon ng mga tapat na lingkod-bayan kagaya ni Labatt Dela Torre.

“Kasama ng iba pang mga grupo ng Filipino community sa Hong Kong, kami ay nananawagan sa lahat ng ating mga kababayan na sumama sa kilos protesta sa Linggo, sa ibaba ng POLO, upang tutulan ang recall ni Labatt Dela Torre.

“Ipapanawagan din namin na ang dapat tanggalin sa serbisyo ay ang pro-agency at overstaying na sa Hong Kong na opisyal diyan sa POLO na si Asst. Labatt Maria Nena German na wala namang ginawang mabuti para sa mga kababayan dito sa Hong Kong.

“Maraming nagawang mabuti para sa mga OFWs sa Hong Kong si Labatt Dela Torre. Iilan na nga lang silang matino sa serbisyo. Hindi dapat hayaan na maalis siya dito.”


PHL absent from this year’s HK Flower Show

Posted on 22 March 2018 No comments

By Vir B. Lumicao

For the first time in 15 years, the Philippines is not represented in the Hong Kong Flower Show, an annual two-week spring spectacular at Victoria Park that attracts more than half a million visitors.

The floral festival opened to the public on Mar 16 with the theme “Joy in Bloom” expressed in the display of some 400,000 flowers, including about 40,000 of the theme flower, the dahlia.

Chief Executive Carrie Lam led the opening ceremonies also graced by Acting Secretary for Home Affairs Jack Chan; Director of Leisure and Cultural Services Michelle Li; deputy chairman of the Hong Kong Jockey Club, Anthony Chow; and Miss Hong Kong 2017 Juliette Louie.

The last Philippine participation last year.
“We wanted a participant from the Philippines but that did not push through, so, we pulled out. Soon after, you informed me that Knights of Rizal were removed,” Vice Consul Robert Quintin, head of the cultural section of the Consulate, told The SUN in reply to an enquiry.

“When I asked LCSD about it after you told me, all they did was confirm that KOR were no longer part of the show. We are not privy to anything more that transpired after that,” he added.

Since 2003, the Philippines had been represented in the show by the KOR, which always had its own imposing booth.

But in January, top KOR officer, Dutchman Pieter Nootenboom, told The SUN that the organization had been notified by LCSD it would no longer be able to join the fair and that the Consulate would take on the role.

The Consulate was invited to put up its own booth at the flower show last year, and its display, an everlasting-studded replica of a jeepney, won a “Special Award for Design Excellence”.

The KOR also had its own display marquee featuring a garden with a giant billboard of Presidents Xi Jinping of China and Rodrigo Duterte of the Philippines shaking hands as the backdrop.

On Sunday, Mar 18, tens of thousands of local and foreign visitors crowded Victoria Park to enjoy the colorful tapestry of flowers and floral designs displayed by more than 200 participating groups and businesses.

The weather went as high as 29.9 degrees Celsius during the day, but the crowd pressed on with their picture-taking beside the flowerbeds, in particular the circular plot of multicolored tulips imported from the Netherlands.

Guests also swamped the country's Van Gogh-themed under a big white tent featuring a fenced off plot planted to rows of ripened wheat, pink tulips, and purple and yellow anthurium.

The flower show will run until Mar 25. 

Organizers say they expect the number of visitors this year to be about the same as last year’s 650,000.

   
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