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Covid-19 interrupts migrant workers’ leisure pursuits

Posted on 08 April 2020 No comments
By Vir B. Lumicao

 
Group hikes such as this are no longer allowed under government restrictions on social distancing

Leisure activities of Filipino migrants in Hong Kong on their rest days have been thrown off-track by the coronavirus epidemic, reflecting the havoc that the contagion has played on individual and group pursuits and pastimes in the city.

The stoppage became official on Mar 28 when the Leisure and Cultural Services Department announced the closure of all its free outdoor leisure facilities in view of social distancing measures adopted by the government to help contain the infection.

Outdoor facilities that the LCSD closed down include soccer pitches, basketball courts, volleyball courts, handball courts, badminton courts, barbecue sites, cycling facilities except for cycle paths, and the Pui O campsite in Lantau.
The department had earlier closed beaches and indoor venues that the public frequent on weekends and public holidays as part of the government’s bid to stop Covid-19 from spreading.

Hit by the closures were migrant worker sports groups including SCC Divas, the first all-Filipino domestic worker cricket team globally and Fate, a powerhouse softball team also made up of OFWs.

Divas, which has been the champion in the Hong Kong cricket women’s development league for the past two seasons, has seen its campaign this season in the premier league cancelled due to the Covid-19 emergency measures.

Divas' Arimas  hiking with a friend in Tai Lam: It may take awhile before they go this way again
“Abandoned na ang mga laro sa Hong Kong. Di natapos ang league, next season na lang daw sa September,” Divas founder and captain Josie Arimas said on Apr 8.

The only completed fixture this season was the T10 women’s tournament that was won by KCC Maidens, and in which Divas placed sixth, Arimas said.
But the women’s premier league and the women’s development league, two tournaments in which Divas plays, have been abandoned for this season, Cricket Hong Kong said in an advisory to all clubs on Apr 2.

The women’s T20 league has been suspended, and Cricket Hong Kong said “an elimination match and the final may be played if grounds are opened by May. If this is not possible, the league will be abandoned.”

Softball pitches are also closed.
 
Gaborno (leftmost) misses these warm-ups and playing softball games with fellow Fate players 
Fate, last season’s champion in the Hong Kong Softball Association women’s Bracket B league, has had no matches since anti-Covid measures were adopted in early February, said founder and team captain Don Gaborno.

Playing in Bracket A last year, Fate managed to win just one match against top Hong Kong teams whose players included members of the city’s national team.

“Hoping this season makabawi sana kami. May mga game schedule na sana kami, na-cancel lang dahil sa Covid,” Gaborno said.

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“May 3 may schedule kami. Sana OK na at ma-stop na itong virus. Mag-3 weeks na kaming di maka-training dahil closed,” said Gaborno, who is also the team’s pitcher.

Athletes like Gaborno and Arimas as well as their players used to go to the pitches to practice whenever they get a break from their daily work, but they admit the “stay at home” measure of the government has also grounded most of them.

“Nasanay kaming nasa field every Sunday. Kaya parang naging hobby namin for now ay home exercise muna para di ma-stock ang mga kaugatan namin,” the captain said.

Arimas said most of her players are unable to go hiking, for now the only outdoor activity that migrant workers can engage in, given the social distancing protocol of allowing only up to four people to gather in public places.

However, the players cannot go out without their employers’ consent.
 
Gaborno and the team usually go out hiking when the softball season is over or during holiday breaks. She said the last time they hit the trails was in January, when they trekked the Tung Chung-Ngong Ping trail in Lantau.

Some dedicated hiking groups still manage to climb Hong Kong’s hills and mountains but in smaller packs. Even then, this activity was curtailed by recent rains and, worse, job losses related to Covid-19 and “stay at home” restrictions.  

DH-pastor fails to get assurance of non-prosecution for performing same-sex marriages

Posted on No comments
By The SUN

Balaoro (left, in red robe) officiates at an LGBT wedding in Mar 2018 (From the LGBTS Facebook page)

A lesbian domestic worker who is also a church leader, has lost his bid to challenge the Director of Public Prosecution's decision not to give him an assurance that he won't be taken to court for performing same-sex marriages in future.

Marietta (who prefers to be called Marrz) S. Balaoro, founder and pastor of the LGBTS Christian Church HK, had sought leave for judicial review of the DPP's decision not to issue him with a Confirmation of Non-Criminality and No Risk of Prosecution.

But in his written judgment handed down on Mar 4, High Court Judge Anderson Chow rejected Balaoro’s application for lack of merit.

“In my view, the intended application for judicial review is not reasonably arguable, and has no realistic prospect of success,” the judge said in his judgment.

Chow also said that he found no basis for allowing the applicant to amend a form that would allow him an extension for applying for leave.

Balaoro, described in the judgment as a “pre-operative trans-man” was previously arrested on Aug 24, 2017 on suspicion of breaching his condition of stay by taking up an unapproved employment when he “knowingly and willfully celebrated or pretended to celebrate a marriage, not being legally competent to do so.”

He was also accused of having misrepresented himself as a civil celebrant.

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He was allowed to post police bail until Dec 13, 2017, when he was told that he would not be prosecuted. This was affirmed in a letter to his solicitors by the Hong Kong Immigration Department two days later.

On Jan 8, 2018, Balaoro, who said he was also the founder and volunteer officer of the LGBT group, Filguys Association Hong Kong, said one of his parishioners asked him to perform a same-sex religious ceremony according to the rites of his church. Other members made similar requests afterwards. But because of his previous arrest, Balaoro said he turned them down for fear of prosecution.
On May 2 of the same year, his solicitors from Vidler & Co wrote to the DPP asking for confirmation that (1) conducting or participating in same-sex marriages did not constitute a criminal offense and therefore (2) the applicant would not risk prosecution if he did the said acts.

Balaoro (left) at another LGBT wedding: Same-sex marriages are not recognized under HK laws
Balaoro, through his solicitors, said same-sex marriages do not violate sec 30 and 33 of the Marriage Ordinance because the law only covered marriages between a man and a woman.

Section 30 provides that “any minister or civil celebrant who “wilfully celebrates a marriage contrary to any other provision of this Ordinance, or knowing that any provision of this Ordinance has not been complied with”, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years.”

Section 33, on the other hand states that any person who “knowingly and willfully celebrates or pretends to celebrate a marriage, not being legally competent to do so”, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years.

As the Ordinance specifically allows marriage only between a man and a woman, the prohibition against lack of authority to solemnize the ceremony does not extend to same-sex marriages.
Sec 4 of the Ordinance provides, “Marriages entered into in Hong Kong on or after [7 October 1971) shall imply the voluntary union for life of one man with one woman to the exclusion of all others and may be contracted only in accordance with the Marriage Ordinance.”

Government prosecutors did not contest this argument. But in his reply dated Jun 1, 2018, the DPP still declined to provide the requested confirmation.

“The common law in this regard is clear – no immunity or pardon can be granted in advance,” the Director said.

Judge Chow upheld the Director’s decision and said: “I am satisfied that the DPP is legally entitled not to provide the Confirmation of Non-Criminality and No Risk of Prosecution sought by the Applicant in the present case.”

The judge also declined to rule on a dispute between the parties on whether the applicant is a “minister” of a church for the purpose of the Ordinance. Since the word “minister” is not defined in the Ordinance, he said he would not rule on the issue and would “leave it open for future determination should it become necessary to do so.”

Judge Chow ordered Balaoro to pay the Secretary for Justice’s costs of the proceedings, to be taxed if not agreed. He said Balaoro’s own costs are to be taxed in accordance with legal aid regulations.
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Court rejects rogue recruiter's attempt to skip hearings

Posted on 07 April 2020 No comments
By Vir B. Lumicao


A former employment agency owner accused of collecting $180,000 from Filipino jobseekers as payment for fictitious jobs in Hong Kong and Macau, has failed in her bid to skip court, citing the epidemic as excuse.

Lennis Ebrahim did not appear in Kwun Tong court today, Apr 7, for the hearing of two charges of applying a false trade description to services offered, which the Customs and Excise Department filed against her and her Filipina staff, Marijane Biscocho.

Magistrate Andrew Mok ordered a guard to call out Ebrahim’s name outside the court room, but she was nowhere.

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Her counsel then told the magistrate that Ebrahim, who is out on bail since her arrest along with Biscocho on Nov 7 last year, was absent for health reasons. He passed on to the magistrate a photo of a medical certificate sent by his client.

The lawyer also applied for a variation of Ebrahim’s bail conditions to allow her to appear in court only once, supposedly so she could avoid the risk of getting infected by the coronavirus.

In response, the magistrate said he did not consider the Covid-19 epidemic a reason to vary Ebrahim’s bail conditions. He ordered Ebrahim’s counsel to ensure the defendant’s presence in the next hearing on Apr 23.  


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The prosecution had asked for the adjournment, saying Customs was still wrapping up its investigation of eight additional charges against the defendants.             

Mok earlier asked Biscocho, who is detained, if she would agree to an adjournment, but she replied she wanted the trial to go ahead without delay.

“Kasi bakit wala si Lennis? Bakit siya umiiwas sa trial? Dapat siya ang managot sa mga ginawa niya sa kanila (jobseekers)?” she said angrily.
The court heard that Biscocho applied for bail on Nov 22 last year, but her application was refused by the High Court.  The magistrates’ courts have also rejected her bail applications twice, the prosecution said.

The prosecutor said Biscocho came to Hong Kong to work as a domestic helper and was allowed to remain in the city only until Nov 12, 2019.

Biscocho again applied for bail on Apr 7, offering $4,000 and to surrender all her travel documents, but the magistrate refused her application due to her lack of local ties. The prosecution also said there could be additional charges against her.

Biscocho and Ebrahim are accused of operating an unlicensed recruitment firm, WHT Consulting Company, which they used to dupe several Filipino domestic helpers into paying for inexistent jobs in Hong Kong and Macau for family and friends back home.

When the jobs were not realized and the applicants asked for their money back, Ebrahim allegedly moved to a textile warehouse in To Kwa Wan to avoid them.

This is not the first time Ebrahim has been embroiled in alleged illicit operations. In 2016, her employment agency, Vicks Maid Consultant Company, was stripped of its license by the Labour Department for overcharging a job-seeker, and for operating at a place not specified in its license.

Rape suspect refused bail, told to apply for legal aid

Posted on No comments
The accused will return to West Kowloon Court on May 18

A natural-born Filipino with Hong Kong citizenship  accused of rape has been refused bail by a West Kowloon magistrate, who advised him to seek legal aid for his future court appearances.

The defendant, M.  Roxas, appeared before Magistrate Lau Suk-han on Apr 7, three weeks after the magistrate court in Fan Ling also rejected his bail application.


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A lawyer from the Duty Lawyer Service said Roxas was offering bail of $12,000 for his provisional liberty.

The defendant said he would stay in his father’s house in Tung Chung and report to the North Lantau Police Station daily.
But the prosecution objected to Roxas’ bail application, citing the serious nature of the case. He sought an adjournment of the case for further legal advice.

The prosecutor said the defendant was born in Hong Kong and is a HKSAR passport holder despite his father being a Filipino.
The alleged victim is said to be a cousin of the suspect’s stepmother.

Lau agreed to adjourn the case until May 18, and ordered the defendant remanded in custody. – Vir B. Lumicao


Maid admits stealing employer’s jewelry worth $79k

Posted on No comments
By Vir B. Lumicao

Nisperos will be sentenced on Apr 21 at West Kowloon Court

A 33-year-old Filipina domestic helper has pleaded guilty in West Kowloon Court to the theft of assorted jewelry valued at $79,000 from her employer between December last year and early February this year.

Rubelyn Nisperos, married and a mother of 13-year-old girl, admitted the charge before Magistrate Lau Suk-han today, Apr 7.

Nisperos said through her lawyer that she had to provide for the medical needs of her ailing parents.

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She will be sentenced on Apr 21 after the magistrate reads a background report on her.

“Defendant, your offense is a serious breach of trust that you committed out of greed. I am going to adjourn your case for two weeks pending a background report. In the meantime, you are remanded in jail custody,” Lau said.

The prosecution said Nisperos stole the jewelry items between Dec 22 and Feb 2 in the house of her employer, Li Chung-yin, in Cheung Sha Wan.
Li discovered that several pieces of her jewelry were missing when she was cleaning her bedroom on Feb 6.

When the employer asked the defendant about the missing jewelry, Nisperos admitted taking them, and showed receipts from a pawnshop where she had hocked the items.

Li reported the theft to the police, who arrested the maid. On Feb 9, investigators recovered all the stolen items from the pawnshop. She was charged in Kwun Tong Court on Feb 12.

The prosecution said Nisperos, who came to Hong Kong in 2015 to work as a helper, has a clear record.
In mitigation, the defense lawyer asked for a lenient sentence, saying Nisperos pleaded guilty to the charge at the first instance and had no prior conviction.  

He said his client admitted committing the offense out of greed and because she needed money to buy her parents’ medicines.

When Lau asked Nisperos if she had proof such as medical certificates of her parents’ illnesses, she said yes but these were in the Philippines.

The magistrate adjourned the case until Apr 21.


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