Elusive recruiter finally appears in court, faces new charges with Filipina staff

By Vir B. Lumicao

Ebrahim appeared in Kwun Tong court for the first time to face charges of wrongfully accepting payment for product

An elusive owner of a recruitment company finally appeared in Kwun Tong Court today, May 21, together with her Filipina staff, on charges illegally taking money from job applicants, after being absent in previous hearings for alleged medical problems.

Lennis Ebrahim, 55, wearing blue jeans and a jacket as well as a surgical mask, stooped and walked weakly with the help of a male escort to stand behind the back row of the counsel’s tables.

Her co-defendant, Marijane Biscocho, 42, who has been in custody since her arrest on Nov 7 last year, stood in the dock.  

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The appearance of Ebrahim before Magistrate Ivy Chui coincided with the addition of three counts of “engaging in a commercial practice that constitutes wrongly accepting payment for a product” against her and Biscocho.

In the last hearing on Apr 23, 17 counts of the same charge were filed against Biscocho, and one against Ebrahim.

“I notice that the second defendant is in court today,” the magistrate said upon seeing the defendant who had skipped her past hearings allegedly due to illness.

Ebrahim’s counsel replied that his client was feeling unwell. Early on, he said his client had heart problems and presented a medical certificate.

The alleged victims in the earlier cases had accused Ebrahim, Biscocho, and another Filipina, Nympha Lumatac, of collecting around $180,000 from them for high-paying jobs in Hong Kong and Macau that turned out to be non-existent.

Lumatac slipped out of Hong Kong and went home via Macau before the Customs & Excise Department took over the case and arrested Biscocho and Ebrahim last November.

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In one of the new charges filed against Biscocho and Ebrahim today, the prosecution said the two allegedly offered and accepted payment from a Filipino applicant last year, for a job as a printer.

The two defendants allegedly promised the unnamed man the job for a certain amount, but after he paid them, they kept him waiting for five months but did not deliver on their promise.

The prosecution said the three new counts brought to 20 the number of charges now faced by both Biscocho and Ebrahim but did not read out details of the two other counts.

Magistrate Chui adjourned the case until Jun 18 as the prosecutor said the Customs team needed more time to complete their investigation and prepare for the case.

Biscocho was remanded in custody and had no bail application, her lawyer said.

The magistrate extended Ebrahim’s bail and told her stay in her given address, not to leave Hong Kong and report to the police.

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Polo urged to be transparent on Dole-Akap pay-outs

By Vir B. Lumicao

Despite the cash infusion, HK OFWs are told the handout will still be given on a first come, first served basis 

 Philippine Labor Attache Melchor Dizon has announced that fresh funding has been given to Hong Kong for the Dole-Akap financial aid, even as a migrant leader called for transparency in the doleout, saying many OFWs had been told they were not qualified, or had missed the cut-off.

Dizon said in an advisory on May 19 that the additional funding from the Department of Labor and Employment in Manila will allow the Philippine Overseas Labor Office to give aid to more OFWs affected by the novel coronavirus.

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“…Ipinaaabot sa lahat ng nga kuwalipikadong OFWs sa Dole-Akap program, na patuloy na tatanggap ng inyong aplikasyon ang POLO Hong Kong dahil inilabas na ng Department of Budget ang karagdagang pondo para dito,” Dizon said.

 (We would like to inform all OFWs qualified for the Dole-Akap program that Polo Hong Kong continues to receive your applications because the Department of Budget has released additional funds for this.)

But his advisory posted on the Polo Facebook page said applications will be considered on a first come, first served basis due to the limited supplementary funding.

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That means, the cash aid will be dispensed only until the new “quota” approved by the Department of Labor and Employment for Polo Hong Kong has been reached.

Dizon did not mention the amount of additional funding for displaced OFWs in Hong Kong or the number of affected workers who have received the financial aid.

This has led Dolores Balladares, chair of United Filipinos in Hong Kong, to question Polo’s lack of transparency.

 

Balladares says Polo should say how much money was allotted for HK OFWs, and  how many were given the aid

Balladares was surprised to hear that Polo is inviting new applications for Dole-Akap when, just this week, its staff reportedly told a newly dismissed domestic worker the deadline for application for the cash aid had already closed.

“Dapat tulungan pa din ang ating kababayan. Priority ang Hong Kong, bakit ang bilis magdeklara na tapos na. Hindi nga namin alam kung ilan ang nabigyan. Dapat maging transparent ang Polo dito,” the Unifil leader said.

She also decried the narrow interpretation by Polo of who should be getting the financial aid.

“Dapat bigyan ng tulong ang mga na-terminate, kahit di Covid ang nakasulat na dahilan sa mga termination. At kahit totoong hindi Covid, tulungan pa din sila. At magreport sa mga OFW kung ilan na ang nakakuha ng ayuda. Maging transparent ang Polo,” she said.

Those who were put on hold pending the additional cash injection includes some of the 49 Filipino musicians who were put in quarantine centers after the virus swept through a cluster of bars in Hong Kong.

According to Manuela Lo, chairperson of the Hong Kong Musicians Union, most of the quarantined musicians had already received the USD200 cash aid, but a few were told the wait after the money had run out.

In addition, 22 other musicians stricken by Covid-19 also got help from the Overseas Workers Welfare Administration.

A few OFWs commented on the Polo post that they could not get through the online application site, or did not get confirmation after applying a month ago.

One said that she decided to go personally to Polo to apply, but was told only online applications were accepted.

One complainant, Beng Ellorin, said she had been stranded in the Philippines since March but her attempts to apply online had been futile.

Another complained Polo rejected her application even when she was summarily dismissed two months ago and was now jobless.

The number of Filipino domestic workers who lost their jobs in April alone surpassed 3,000, Hong Kong Immigration figures show. From January, the figure was almost 5,000.

Most, if not all of them, should receive the US$200 cash aid, if the criteria used by Polo in assessing applications are not as stringent as they appear to be.

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Non-OFWs returning to Phl to pay for mandatory test, quarantine

By Daisy CL Mandap

Non-OFWs will have to pay P3.5k for the swab test, and for quarantining in a hotel while waiting for the result

Filipinos returning from overseas, many of them stranded by lockdowns, have raised concern about a new government regulation requiring them to undergo, and pay for, mandatory swab tests and quarantine accommodation when they return to the Philippines.

The new requirement was issued on May 11 by the Inter-Agency Task Force (IATF) on Covid-19 but has circulated widely recently because of concerns from returning nationals about the potentially huge costs involved.

Apart from paying for the swab test which reportedly costs Php3,500, they will also have to pay for staying in a hotel designated as a quarantine facility.

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A list of hotels for this purpose has been uploaded on the Department of Tourism website, but it will also be provided to them on their arrival at the airport.

The advisory says the test result should be out in 3-5 days. If the test turns out negative, they will be given a certificate to this effect and allowed to go home. But if they test positive, the Bureau of Quarantine will take over the monitoring of their treatment.

The advisory, posted on the Facebook page of the Ninoy Aquino International Airport (NAIA)- MIAA, said the same procedure should be followed by arriving airline crew members.

Given the recent experience of some overseas Filipino workers who have been forced to remain in their quarantine facility for more than a month because of the delay in the release of their test result, many returning residents are worried about the potential cost.

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Some of those who posted on the NAIA Facebook page said this would be an additional burden on Filipinos who already had to go through a lot after being stranded in a foreign country because of the pandemic.

One asked if senior citizens could just be allowed to observe self-quarantine at home while waiting for their swab test, instead of being held indefinitely in a hotel room or some other quarantine facility.

Another said she was coming home with three minor kids and a senior citizen, and also asked to be exempted from being made to stay in hotel.

Still another revealed a sad truth: that it’s not true that the test result is released within 3-5 days. She said her minor son who has health problems, had been in quarantine for 7 days after returning from his studies abroad. But there was still no word on when he would get his test result.

Administrators of the airport site assured them their concerns would be relayed to the proper authorities.

In comparison, Hong Kong also requires a swab test and self-quarantine for returning residents, but no one is asked to pay for anything, including for hospitalization in case they are found infected.

Those who are put in quarantine facilities are also provided with all that they need at no cost.

 

OFWs get tested for free, but they are put in a designated quarantine facility while waiting for the result 

In the Philippines, only returning overseas Filipino workers were until this time, required  to undergo tests and stay in a quarantine facility, but all for free.

Their tests are paid for by PhilHealth, and their meals and accommodation by the Overseas Workers Welfare Administration for land-based OFWs, and by the Maritime Industry Authorities for those who are sea-based.

Despite this, hundreds have complained about their extended stay in quarantine facilities  tightly guarded by Philippine Coast Guard officers, saying they have been isolated long enough, and should be allowed to go home. 

At least eight have escaped recently from a hotel in Pasay City where they were quarantined, even before their test results could come out.

One was eventually found to have the coronavirus, and was tracked down to his home in Quezon City, and brought to a treatment facility.

The Coast Guard said all the escapees would be charged with violating quarantine laws.

As of May 19, the Department of Transport said a total of 461 OFWs are in various quarantine facilities in Metro Manila, including 265 who are in two passenger vessels docked off Pier 15 in Manila.

Since Apr 14, 294 OFWs have completed their quarantine and were allowed to go home, while 93 others are now waiting to be taken home to their home provinces or cities.

An additional 199 are currently awaiting their swab test result.

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Pinoy driver, HK cabbie shake hands after fight led to court

By Vir B. Lumicao

The two drivers patched up their differences in court

A Filipino driver and a local taxicab driver who got into a fight in a public toilet in Happy Valley over a parking issue shook hands today, May 19, in Eastern Court after agreeing to a bind-over deal.

The prosecution withdrew the joint charge of “fighting in a public place” against Bicmar Gumarac, 55, and Donny Cheung Chi-shing, 59, after they admitted the facts of the case and agreed to be bound over for $1,000 each.

Magistrate Bina Chainrai said that by agreeing to a bind-over, the charge against them both was dropped, but they must avoid committing an offense within the next 12 months, in particular, one that involves use of violence.

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If they do, they will pay $1,000 each in addition to the penalty for their new offense, Chainrai said. She also ordered the two to pay $500 each as court costs.

The prosecution said the incident occurred at 6:15pm on Feb 26 at the Tai Hang Road toilet, when Cheung parked his taxicab to the left of a parked white car.

The driver of the white car blew his horn as Cheung made his way to the toilet. When Cheung asked what the problem was, the car driver said Cheung blocked his exit.

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Gumarac, a kibitzer, joined in the dispute and sided with the white car’s driver, prompting Cheung to threaten to call the police.

The white car drove off and Cheung proceeded to the toilet. However, Cheung bumped into Gumarac and another dispute ensued.

Gumarac and Cheung pushed each other and exchanged blows. The fight left Gumarac with tenderness on his left lower ribs and left lower back, as well as scratch marks on his left and right forearms. Cheung had tenderness and abrasion on his left upper lip.

Tunghayan ang isa na namang kwentong Dream Love.

 A toilet cleaner who witnessed the fight called the police and the two defendants were arrested and sent to Ruttonjee Hospital.

After the hearing, the two defendants went up to the court’s general office to sign the bond, then apologized and shook hands before each went his own way.

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Employment agency loses license for overcharging

Labour Department Photo

The Labour Department (LD) today (May 19) reminded operators of employment agencies (EAs) to comply with the law and the requirements of the Code of Practice for EAs (the Code).

The reminder came after the LD revoked the EA license of K & H Employment Agency, located in Tin Shui Wai, after it was convicted of overcharging a foreign domestic helper.

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“Under section 53(1)(c)(iv) of the Employment Ordinance (EO), the Commissioner for Labour (Commissioner) may revoke the licence of an EA if he is satisfied on reasonable grounds that the licensee or the person intending to be the licensee has contravened any provision of Part XII of the EO or any regulation made under section 62,” LD said in a statement.

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"The Employment (Amendment) Ordinance 2018, which came into effect on February 9, 2018, stipulates that the Commissioner may refuse to issue or renew a licence, or may revoke a licence, if he is satisfied on reasonable grounds that the licensee or the person intending to be the licensee of an EA, or a related person of or an individual employed by the licensee or the person intending to be the licensee has contravened any provision of Part XII or any regulation made under section 62 of the EO, such as overcharging job seekers or operating an EA without a licence, or has not complied with the Code issued under section 62A(1) of the EO," it said.

Tunghayan ang isa na namang kwentong Dream Love.

 This is the second revocation of an EA license in 2020. In 2019, nine Eas had their licenses revoked or made to lapse.

For inquiries about matters related to EAs or complaints about their malpractices, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

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