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Filipina sues owner of ‘ale-ale’ salon over alleged unpaid wages

Posted on 09 June 2020 No comments
By Vir B. Lumicao

The Filipina  told the Tribunal she was not paid her salary, but the shop owner said as a partner, she was not entitled to one

 A Filipina manager of a beauty salon in Li Yuen West, Central, appeared in the Labour Tribunal today, Jun 9, to pursue a claim against the shop’s owner for alleged unpaid salary totaling $120,000.

Aurea Ramirez claimed she was not paid her salary for nine months, but defendant Raymond Choy, owner of Shine Beauty Hair Salon, said they were business partners and thus should share in the profits, but could not claim a salary.

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As she had no employment contract, Presiding Officer David Chan told Ramirez her case was difficult because an employee-employer relationship between her and Choy needed to be established. Otherwise, he said, she would have to take the case to another court.

Chan ordered both parties to appear again in court on Aug. 3 because they failed to reach agreement.

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He told the two to submit documents and supplemental statements if they so wish, and also witnesses, if they have any.

When asked if they were getting legal advice, Choy said he was, but Ramirez said she would represent herself. Chan told her she may need legal advice as she may be ordered to pay costs.
Ramirez said she was sacked in April 2018 because Choy got mad when she used the shop’s earnings to buy a heater and have the salon’s electrical wirings fixed.

She said she began working in the salon on Jul 1, 2017, after Choy told her to manage the business but did not give her a work contract or paid her any salary.



Each time she asked for her salary, Choy would reportedly reply, “Where’s your contract?” 

Choy insisted Ramirez was his partner and shareholder, having given her 20,000 shares in the company.

Chan told Ramirez: “Of course, if you are a business partner and company shareholder, he does not have to pay you a salary but you get a share of the company’s profits.”

But Ramirez insisted Choy did not treat her as partner but as worker, driving her hard to make the salon profitable. At times, she said she had to help the beauticians attend to clients.

As the shop was not profitable, she said she remitted all the earnings to Choy every 15th and end of the month without getting her pay. She said she was also working in a pub at the time, so, she had income to support her family.

Filipino charged in court for exposing himself on busy Wanchai street

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By Vir B. Lumicao

The Filipino designer did not speak when he appeared in Eastern Court today

A 54-year-old Filipino male resident of Hong Kong was charged in Eastern Court today, Jun 9, with indecency in public for allegedly exposing his private part on a busy road in Wanchai on Jan 16.

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S.F., who gave his profession as a designer, appeared before Magistrate Bina Chainrai more than five months after the alleged incident, due to delays in court hearings because of the coronavirus contagion.

The defendant was described in court documents as an architect but the prosecutor corrected that by saying he is a designer.

The prosecution said that the defendant committed the offense outside the Joint Publishing HK office at 1-1A O’Brien Road, Wanchai.


The charge sheet said the defendant “without lawful authority or excuse, indecently exposed [his] penis in the said public place”.

No other detail of the case was disclosed in court.


S.F. was arrested by police but was released on $5,000 bail.

The defendant was supposed to enter his plea today, but his lawyer applied for an adjournment until Jul 21 to obtain legal documents and legal advice.



Chainrai granted the adjournment and extended the defendant’s bail until then.



 

Tribunal restores claim of DH who claims abuse by employer’s partner

Posted on No comments
By Vir B. Lumicao
  
Rosareal was allowed by HK Immigration to process a new work contract after complaining of the alleged abuse
A Filipina domestic worker who is claiming compensation from her former employer has been given a chance by the Labour Tribunal to ask a witness to support her claim of abuse against her boss’ companion.

The order was issued today, Jun 8, as Presiding Order Timon Shum restored the compensation claim filed by Lanie Grace Rosareal 30, against her employer, Leung Shet-ying.

Shum dismissed the case last Dec 21 when Rosareal failed to appear in a scheduled hearing, but restored it today after accepting the claimant’s explanation that she did not receive any court notice about the hearing.
The abuses that Rosareal claimed she suffered at the hands of Leung’s companion Au Wai-chun resurfaced when Shum began ticking off the seven claims the helper filed against her former employer.
 
Rosareal and Leung were deadlocked over the arrears in wages and $10,000 terminal payment items in her claim against her former employer.

Rosareal her bruised forehead in this picture was caused by Au

Leung insisted she won’t pay the remaining wage arrears and terminal payment, saying she had already paid the maid $40,000. She also said it was the maid who left her house.

When Shum asked Rosareal why, she said it was in fear of the physical abuse she suffered from Au. She also said each time she was paid her salary, Leung would order her to pay it all back to Au, supposedly as penalty for all the “mistakes” she had made in her work.




“Your employer gave you money for your wages but you gave it to another person, so why do you chase Ms Leung,” Shum asked.

“Because she told me to go to her [Au] and pay my punishments,” Rosareal replied, saying she did so out of fear of Au’s violence.

Leung said that was not true, but the officer rebuked her.




“Ms Leung, the claimant said she left the house because of Madam Au’s violence. You said you are not inviting Madam Au as your witness. But the claimant said she was beaten up by Madam Au and you are not inviting her to contradict her?” Shum said.

The employer said this case has given Au a lot of stress and she did not want to give her companion anymore trouble over it.


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Leung said the police arrested Au but released her on bail after interrogation. She said after a number of visits to the station, the police eventually dropped their case against Au. Rosareal, in reply to Shum’s query, confirmed the police had indeed withdrawn the case.

“Do you have a witness to give evidence in court?” Shum asked, and Rosareal said yes. Her co-worker in Leung’s house, Rowela Suete, now in Brunei, is willing to testify, she said.



Before the adjournment, Shum directed Leung to prepare all documents and submit these to the court by Jun 29. He also ordered her to submit air ticket quotations, all summonses sent her by the Sha Tin Court, results of the case and how much Leung paid Rosareal.

Shum also ordered Leung to furnish him a copy of Au’s statement to the police about the alleged violence she has inflicted against the claimant.

Likewise, Shum told Rosareal to submit all documents and her witness statement explaining why she should be paid by Leung despite the latter claiming she had already paid her.

He also directed the claimant to submit air ticket quotations and, if she is inviting her witness Suete to give evidence, a copy of her witness statement.

Lastly, he instructed the claimant to submit a copy of the letter from the police about their dropping the case against Au.

Shum adjourned the hearing until Aug 18.

Ocean Park set to reopen Saturday, Disneyland to follow

Posted on No comments
By The SUN

Visitors to Ocean Park should book in advance, wear masks, and observe social distancing

Despite the gathering ban remaining in place for at least five more days, cash-strapped Ocean Park is set to reopen this Saturday, Jun 13., and Disneyland, “shortly.”

This was announced earlier today, Jun 8, by Edward Yau, secretary for Commerce and Economic Development, who said the decision was reached after consulting health authorities.
His announcement was made as Hong Kong reported one new imported case of Covid-19, involving a 34-year-old woman who returned from Pakistan on May 28, and was in a quarantine center.

According to Yau, public safety measures will be carried out at Ocean Park when it reopens, including requiring visitors to wear face masks, capping the number of guests, and requiring them to book in advance.




Asked if the rule allowing no more than eight people to gather in public will apply, Yau said health officials have advised that as long as the visitor number does not exceed half of the park’s capacity, there should be no problem.

Ocean Park has been closed since January due to the coronavirus outbreak. Last month, the Legislative Council’s finance committee approved $5.4 billion in fund relief to the park to keep it afloat for another year.


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Yau also confirmed that Disneyland will reopen soon, but gave no specific date.
 
But he said the Hong Kong Book Fair, which in the past attracted hundreds of thousands of people a day, will open as scheduled on Jul 16-21. Other conventions and trade shows will be allowed to open next month.

Mickey and Minnie will soon be welcoming guests to Hong Kong Disneyland, but the exact date is not yet known

In addition, the government will allocate $40 million in subsidies to exhibitors, including a maximum of $10,000 for each booth, up to 10 booths per exhibitor.

Hong Kong’s total number of Covid-19 infections went up to 1,108 today, with the addition of the new imported case.



Only 55 remain in nine hospitals, including three who are in critical condition. The death toll stands at four.

Health officials reported that as of 4pm today, 1,382 deep throat saliva samples had been collected from residents of Luk Chuen House, site of last week’s local coronavirus outbreak. All the results were negative, except for the four cases confirmed as positive on Jun 2.


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Six people residing in the building in Lek Yuen estate in Shatin have been found infected, including a 34-year-old woman who infected two of her colleagues in a food factory in Kwai Chung, and the ambulanceman who took her to hospital.

The Center for Health Protection says it is chasing other residents who have yet to return their deep throat saliva samples for testing.

Public warned against using slimming product

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The Department of Health (DH) today warned the public against buying or using a slimming product named Leisure Slimming Capsule, after it was found to contain an undeclared and banned drug ingredient that might be dangerous to one's health.

Acting on intelligence, DH officers bought a sample of the product via a social media network platform. Analysis by the Government Laboratory revealed that the sample contained the banned drug ingredient sibutramine. 





Sibutramine is a Part 1 poison under the Pharmacy and Poisons Ordinance (Cap. 138). 

It was once used as an appetite suppressant. Since November 2010, however, pharmaceutical products containing sibutramine have been banned in Hong Kong because of an increased cardiovascular risk.


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According to the Ordinance, all pharmaceutical products must be registered with the Pharmacy and Poisons Board of Hong Kong before they can be legally sold in the market. 

Illegal sale or possession of unregistered pharmaceutical products or Part 1 poisons are criminal offences. The maximum penalty for each offence is a fine of $100,000 and two years' imprisonment.

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The DH spokesman strongly warned the public not to buy products of unknown or doubtful composition, or to consume products from unknown sources. Members of the public who have purchased these products should stop consuming them immediately. 

They should consult healthcare professionals for advice if feeling unwell after consumption, the DH added.

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The spokesman added weight control should be achieved through a balanced diet and appropriate exercise. The public should consult healthcare professionals before using any medication for weight control. 

They may visit the website of the Drug Office of the DH for "Health messages onoverweight problem and slimming products" and "Information onslimming products with undeclared Western drug ingredients" for more information.

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The public may submit the above product to the Drug Office of the DH at Room 1801, Wu Chung House, 213 Queen's Road East, Wan Chai, during office hours for disposal.

Banks offer ‘double your money’ to residents who register for 10k doleout

Posted on 08 June 2020 No comments
By The SUN
 
Hang Seng is offering cash incentives of $10k and $9k from Jun 21 to Sept 30


At least two major banks in Hong Kong are offering to give residents who register with them in applying for the $10,000 cash payout from the government.

The offers were posted after the government announced today, Jun 8, that online registration for the cash subsidy given to all permanent residents of Hong Kong aged 18 and above, will start at 7am on Jun 21.
The earliest date entitled residents can receive the payment is on Jul 8.

To claim the handout, applicants can apply through the website, e-banking service, or application forms of any of the 21 participating banks, and the cash will be deposited directly into their sole bank account.

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In a bid to get more people to register their payout claim with them, Hang Seng Bank and Standard Chartered both announced a promotion that offers an extra $10,000 for some lucky applicants.
Hang Seng said it will randomly select a total of 9,005 customers who have registered for the Cash Payout Scheme to receive cash rewards, including five customers who will get an additional $10,000 and 20 customers who will get an additional $9,000.

The promotion will run from Jun 21 to Sept 30.

Standard Chartered will pick 3 lucky winners of $10k each from Jun 21 to Aug 15

Also running a promotion is Standard Chartered, which is offering a double your money deal to three lucky customers per week, during its promotion which will run from Jun 21 to Aug. 15.
The other participating banks are Bank of China, Bank of Communications, Bank of East Asiam, CITIC Bank, Construction Bank, Chiyu Bank, Chong Hing Bank, Citibank, CMB Wing Lung Bank, Dah Sing Bank, DBS Bank, Fubon Bank, HSBC, ICB, Nanyang Bank, OCBC Wing Hang Bank, Public Bank, Shanghai Commercial Bank, and ZA Bank.




Those who don’t have a sole bank account in Hong Kong and all others who prefer to receive the payment with a cheque can register with Hongkong Post and collect it in person at the post office.


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