Filipino activists slam ‘terror bill’ as pro-govt supporters try to disrupt program

By Vir B. Lumicao

Ptr Joram tells protesters the 'terror bill' must be opposed because it seeks to silence the righteous - Migrante photo

Hong Kong-based Filipino community leaders lambasted on Sunday the Anti-Terrorism Bill that Congress passed recently, and called for solidarity in fighting the measure, which is awaiting President Rodrigo Duterte’s signature.

But even before the 4pm rally and noise barrage on Chater Road began, male supporters of President Rodrigo Duterte believed to belong to the Emilio Aguinaldo faction reportedly harassed the protest organizers led by United Filipinos in Hong Kong.

Aside from hanging posters branding the activist groups as New People’s Army members, the men approached the rally organizers arguing with them over why they criticize the Duterte government despite all that he was doing for the country.

The protesters, however, were not intimidated and asked the intruders to keep to their side of the road, saying anyone is free to speak in Hong Kong.

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The Sunday ‘kalampagan’ (noise barrage) that started off as an indictment of the mandatory collection of PhilHealth premium from overseas Filipinos, has been expanded to include other national issues, such as the Anti-Terror Bill.

  

One of the speakers against the pending legislation was Daisy Mandap, a lawyer and editor of The SUN newspaper, who said the bill should not have been passed at all since it was unconstitutional.

She explained any attempt to diminish rights provided under the constitution is illegal, and should be condemned.

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“Terror law talaga dapat ang itawag diyan dahil ang layon nito ay takutin ang mga Pilipino para hindi na magreklamo,” Mandap said.

“Kaya kapag naipasa ang bill na iyan, wala nang reklamo laban sa PhilHealth, kahit na may karapatan naman ang mga tao, may basehan naman ang mga reklamo natin, dahil matatakot na lahat ang mga tao.”

Mandap said there was truth in Senate President Vicente Sotto III’s remark that there will be no need to declare martial law when bill is signed by Duterte because the anti-terrorism law is worse than martial law.

“Totoo naman. Kayong mga hindi nakaranas kung gaano kahirap ang martial law, hindi nyo gugustuhin ang martial law sa Pilipinas,” Mandap said, adding that many Filipinos, even journalists like her, suffered when the late President Ferdinand Marcos declared martial law in September 1972.

 

Mandap says Congress should not have passed the bill because it is unconstitutional

But she said the 1972 martial law was slightly better than what could happen if the anti-terror bill was passed because Marcos at least tried to establish a legal basis for its declaration.

In contrast, the anti-terrorism bill is patently illegal because it violates a person’s right to due process. Under the anti-terrorism bill, she said anyone can be arrested without a warrant and detained for up to 24 days on the orders of the judicial council, and not allowed to talk to anyone, or to be taken to court by the arresting officers.

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“Hindi puwedeng bawasan ang anumang karapatan na nakalagay sa Konstitusyon. Itong Anti-Terrorism Law, binawasan niya ng sobra-sobra yung ating mga karapatan,” Mandap said.

Among these are the freedom to speak, freedom to assemble, freedom against illegal arrest or warrantless arrest. Mandap said the Duterte-appointed judicial council, eight of its members being his cabinet men, will decide whether a person is a terrorist.

Mandap said it is no wonder that many prominent people, including lawyers, movie stars and even the highly-respected retired Supreme Court Justice Antonio Carpio have come out openly to oppose the anti-terror bill.

She warned that anyone who is branded as a terrorist by the judicial council, like what Duterte supporters are accusing members of Migrante and Gabriela of, can be thrown in jail and if convicted, sentenced to life in prison without parole.

Mandap said an example of how the regime will use the anti-terrorism law to attack press freedom is the conviction of Rappler chief executive Maria Ressa of cyber-libel, along with researcher Reynaldo Santos Jr, a week ago.

They were found guilty by a court under a 2012 law passed four months after Rappler published an article about businessman Wilfrido Keng deemed defamatory by a lower court judge. Keng did not file a complaint until 2017, a year after Duterte was elected president.

Ressa faces up to six years in jail for her conviction, but she has applied for bail pending appeal.

Another guest speaker, Pastor Joram Calimutan from the Promotion of Church People’s Response, said the anti-terror bill must be opposed because it seeks to silence the people into accepting the oppressive dictates of the regime.

He urged the people not be afraid because for as long as there is oppression, poverty and exploitation, the church people will fight and speak up until God will reign on this world.

“So, brothers and sisters, friends and comrades, we must not fear because terrorism is the weapon of the devil to keep us silent,” Rev Joram said.

He urged the people to follow the example of Jesus Christ, who he said was accused of being vengeful and blasphemous for his teachings and crucified. But he was resurrected.

“We have no reason to be afraid of, for as long as we are fighting for human dignity, for justice, and for the image and likeness of God, we will persevere and we will triumph. Tayo ay magtatagumpay,” he said.

Dolores Balladares, Unifil chairwoman, blasted Duterte’s supporters in Hong Kong, the Emilio faction in particular, for “terrorizing” the protesters even before the anti-terror bill was signed by Duterte.

 

Pro-Duterte supporter (in white) heckled speakers at the protest but Ptr Joram calmed him down

As she was speaking, one of the men who had been shouting on the sidelines approached Ptr Calimutan and tried to argue with him, but the cleric coolly explained the issues until the man, who was apparently drunk, walked away.

Earlier, while the pastor was talking, the same man tried to heckle him, saying the church should not interfere with politics, but several women organizers managed to shoo him away.

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Up to 30 new imported cases recorded in HK, say reports

By The SUN

The Centre for Health Protection is expected to announce the two-digit increase in cases later today (RTHK photo)

Around 30 residents who recently flew in from India and Pakistan are reported to have tested preliminary positive for Covid-19, various Hong Kong media outlets reported late on Sunday, Jun 21.

However, no new locally acquired case was reported for the eighth straight day.

The report citing the new total patient number as 30 came from Radio Television Hong Kong (RTHK) and DimsumDaily, which posted their reports at about 10:30pm. Another article published earlier in the South China Morning Post gave the figure at 20.

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All the news outlets said their reports were based on information given by “sources” in government. Only the Centre for Health Protection is authorized to report on new cases, and this is done only after a patient has tested positive twice in successive tests.

RTHK said that if confirmed, this would be the highest single-day tally for Covid-19 in Hong Kong since Apr 3, when 43 cases were reported by the Centre for Health Protection.

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Official figures, however, show that only three new imported cases were recorded today, raising Hong Kong’s total tally to 1,131, with five deaths.

The first case is a 35-year-old man who flew in from Brazil on Jun 20; the second, a 37-year-old woman who came from India on the same day; and the third is a 29-year-old woman who arrived from Indonesia on Jun 21.

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A day earlier, Hong Kong recorded its fifth coronavirus-related fatality, more than three months since an 80-year-old man with underlying illnesses was reported as being the fourth patient to succumb to the disease.

The latest fatality was a 78-year-old woman who was among the nine residents of Luk Chuen House in Lek Yuen estate, Shatin, who tested positive for Covid-19 early this month. She was stable when admitted to hospital, but turned critical on Jun 8.

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Philippines’ Covid-19 tally nears 30k

By The SUN

The Philippines recorded one of its highest daily increases of confirmed coronavirus cases, with 943 cases being added to the tally as of 7pm yesterday, Jun 20.

The total number of cases now stands at 29,400.

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Most of the day’s cases were categorized as “fresh”, meaning the results were released within three days, at 578. The rest, which numbered 365, were late cases, or were reported after three days.

The Department of Health advisory said the results came from only 49 out of 59 current operational labs, indicating there were 10 which had yet to submit their reports.

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DOH also posted 272 recoveries, bringing the total number to 7,650. The death toll went up to 1,150 after 20 fatalities were reported today. However, the DOH said 15 of the newly reported deaths occurred between Jun 5-16.

A total of 19,951 cases were said to be active, meaning the patients are either undergoing treatment or quarantine. Of these, 19,390 were mild, 479 were asymptomatic, 63 were severe, and 19 were in critical condition.

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Meanwhile, 12 more Filipinos abroad were reported to have tested positive for the coronavirus disease, bringing the total to 6,140, the Department of Foreign Affairs announced.

Of this number, 12 have succumbed to the disease, bringing the death toll to 495. But recoveries rose to 2,851 with three new survivors.

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HK records 5th death from coronavirus as another Filipina tests positive

By The SUN

Three Filipinas tested positive at HK Airport in the past few days

A Filipina, likely a domestic worker who just flew in from Manila, has tested positive for the coronavirus at Hong Kong airport, raising the city’s tally as of Jun 20 to 1,128.

She is the third Filipina to be found infected on arrival from the Philippines this week.

There was no new local case for the seventh day running, but one patient died from virus- related ailments, raising the death toll to five. Before this, the fatality rate had remained steady at four for several months.

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The fatality is a 78-year-old woman who was among the nine residents of Luk Chuen House in Lek Yuen estate, Shatin, who tested positive for Covid-19 early this month.

She was a next-door neighbor of the 34-year-old woman who was the first to be diagnosed with the disease in the cluster.

Reports quoted a spokesperson for the Prince of Wales Hospital as saying that the elderly woman died at 5.33pm, after being in critical condition since Jun 8. She was in stable condition when admitted, but later deteriorated.

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Various treatments were introduced to save the patient, including intubation, renal replacement therapy and mechanical ventilation to assist her breathing, to no avail. A therapy called inotropic infusion, which is meant to stimulate her weakened heart to pump harder, also failed.

Experts are still trying to find out how the virus spread in Luk Chuen House, and seem to have affected only residents of flats numbered 12 and 10. No fault was seen in the building’s sewage pipes, so the focus has shifted to the flats’ ventilation system.

 

HK's 5th fatality lived in a Shatin estate building where 8 other people were found infected

Three other patients with links to the index patient in the cluster were also found infected. They include the woman’s two colleagues at a food factory in Kwai Chung, and an ambulanceman who took her to Prince of Wales Hospital.

Meanwhile, the Filipina listed as the latest Covid-19 case is described in the Centre for Heath Protection records as a 40-year-old woman who lived in the Philippines previously.

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She arrived in Hong Kong on Jun 19, and had a slight headache. Swab samples taken from her at the airport showed she was infected, so she was taken to Princess Margaret Hospital in Kowloon for isolation and treatment.

In about 10 similar cases of new arrivals from Manila, the patients were asymptomatic, or had no symptoms at all.

Also on Saturday, a special flight carrying Hong Kong residents stranded in Chennai, India, arrived in the city in the afternoon. It was the second repatriation from the South Asian country in the past week, which altogether brought back 280 residents.

More public leisure facilities that had been closed for nearly six months have also reopened, including outdoor soccer pitches, and some basketball and volleyball courts. Earlier, public swimming pools and tennis courts were allowed to reopen.

The past week also saw the reopening of top tourist attractions, Ocean Park and Hong Kong Disneyland. Both were closed on Jan 26, two days after the city recorded its first coronavirus case, that of a man from Wuhan in Central China, who was stopped at the West Rail Train station after being detected to have a fever.

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Mga Kadalasang Tanong Tungkol sa Covid-19 Sa Ilalim ng Anti-Discrimination Ordinance

Mula nang kumalat ang Covid-19, naharap sa kakaibang pagsubok ang mga foreign domestic worker sa Hong Kong, mula sa dagdag na trabaho at maikling oras ng pahinga, hanggang sa takot na matanggal sila sa trabaho kapag sila ay lumabas sa kanilang araw ng pahinga.

Alam ng Equal Opportunities Commission (EOC) na nalagay sa mas delikadong sitwasyon ang mga FDW sa gitna ng pandemya. Dahil dito, handa ang EOC na makinig sa mga reklamong may kinalaman sa Sex Discrimination Ordinance (SDO), Disability Discrimination Ordinance (DDO), Family Status Discrimination Ordinance (FSDO), at Race Discrimination Ordinance (RDO).

Para ipaliwanag ang batas laban sa diskriminasyon, lalo na ang DDO at ang binibigay na proteksyon sa mga FDW kaugnay sa Covid-19, sinagot ng EOC ang ilan sa mga kadalasang tanong tungkol dito.

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1.  Lumabas ako noong day-off. Agad akong sinisante pagkabalik ko dahil sabi ng employer ko ay baka nakuha ko na ang Covid-19 habang nasa labas. Paano magagamit ang DDO rito?

Ang Covid-19 ay itinuturing na kapansanan na protektado sa ilalim ng DDO, at kasama rito ang pagkakaroon ng virus na nagdudulot ng sakit o karamdaman. Sakop ng DDO pati ang pagparatang ng kapansanan sa tao.

Subalit, sa ilalim ang DDO, hindi labag sa batas na tratuhin ng kakaiba ang empleyado na may kapansanan kung: (i) ang kapansanan ay nakahahawang sakit ayon sa Prevention and Control of Disease Ordinance tulad ng COVID-19; ang kakaibang pagtrato ay kailangan para maprotektahan ang kalusugan ng ibang tao. 

Para malaman kung ang isang aksyon ay makatarungan at nararapat, dapat ay isaalang-alang ng mga employer na sinusubaybayan ng gobyerno ang mga bagong kaganapan ukol sa pandemya, at pati ang pagpapatupad ng social distancing ay kinakailangan.

Kung nag-aalala ang employer na mahawa ang kanyang empleyado kapag lumabas sa kanyang araw ng pahinga, maaari nitong ipaalalang gawin ang mga hakbang na nasa section 2 (1), section 2 para makaiwas sa sakit, tulad ng paghuhugas ng kamay, pagpapalit ng damit, pagligo, atbp.), at kung kinakailangan (halimbawang may sintomas na lumitaw), ay agad magpasuri.

Batay sa mga nakalista sa itaas, hindi makatwiran na sisantehin ang FDW kapag siya ay umuwi galing sa day-off, kung base lamang ito sa haka-haka o pag-aalala na siya ay nahawaan ng Covid-19. Kung ito ang dahilan sa pagsisisante, ito ay maaaring paglabag sa DDO.

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2. Nagkaroon ako ng Covid-19, ngunit magaling na ako ngayon. Maaari ba akong sisantehin ng employer ko kung magaling na ako?

     Dahil sakop sa kahulugan ng kapansanan sa ilalim ng DDO ang mga dating karamdaman, magiging labag sa       batas na tratuhin ng employer ang kanyang empleyado nang hindi kanais-nais (tulad ng pagsisante sa kanya)       dahil siya ay nagkaroon ng Covid-19.

3. Sinisante ako ng employer ko habang nasa mandatory quarantine ako ng 14 na araw. Naaayon ba ito sa batas?

    Ayon sa Department of Labour, kung ang isang empleyado ay inutusan ng Health Officer na sumailalim sa         pagsubaybay o quarantine, kailangan itong bigyan ng sick leave ng kanyang employer batay sa Employment       Ordinance o sa employment contract.

Kung may mga tanong ka tungkol sa iyong karapatan o obligasyon sa ilalim ng Employment Ordinance, makipag-ugnayan sa Department of Labour sa pamamagitan ng pagtawag sa kanilang 24-oras na hotline 2717 1771 o sa 2157 9537 (hotline na inilaan para sa mga FDW) o mag-email sa fdh-enquiry@labour.gov.hk.

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4. Maaari ba akong pwersahin ng employer ko na manatili lang sa bahay kapag araw ng pahinga ko?

Ang usapin sa araw ng pahinga ay maaaring labas na sa mga batas kontra diskriminasyon na ipinapatupad ng EOC. Gayunpaman, hinihikayat ng EOC ang mga employer na maging mas maunawain sa mga pangangailangan at karapatan ng kanilang kasambahay, lalo na sa panahon ng pandemya.

Dati nang nanawagan ang Department of Labour sa mga FDW at kanilang employer na pag-usapang maigi ang mga usapin tungkol sa araw ng pahinga. Gayunpaman, pinapaalalahanan din ang mga employer na ang pamimilit sa FDW na magtrabaho sa araw ng kanyang pahinga sa ilalim ng sec 2(1) o ang hindi pagbibigay ng araw ng pahinga ng walang pag-sang-ayon ang FDW ay labag sa Labour Ordinance.

Kung may katanungan tungkol sa iyong karapatan o obligasyon sa ilalim ng Laboru Ordinance, makipag-ugnayan sa Department of Labour sa pamamagitan ng pagtawag sa kanilang 24-hour hotline: 2717 1771 / 2157 9537 (hotline na inilaan para sa mga FDW) o email fdh-enquiry@labour.gov.hk.

5. Kararating ko lang sa Hong Kong at ako ay sumailalim sa mandatory home quarantine. Ano ang nararapat na gawin ng employer ko?

Bagaman ang usapin sa tirahan para sa FDW ay maaaring labas na batas kontra diskriminasyon na ipinapatupad ng EOC, hinihikayat ng EOC ang employers na maging mas maunawain sa mga pangangailangan at karapatan ng kanilang FDW, lalo na sa kasalukuyang panahon.

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Nanawagan na ang Department of Labour sa mga employer at kanilang ahensya na tiyakin na makasunod sa mandatory home quarantine ang mga FDW na bagong dating sa Hong Kong.

Sinabi na rin ng Department of Labour na patuluyin ng employer sa kanyang bahay ang kanyang FDW na kailangang mag home quarantine. Kung gusto ng employer na sa ibang lugar manatili ang FDW para dito, dapat ay makipag-ugnayan ito sa kanyang ahensya at bayaran ang lahat ng magagastos sa hotel o kung ano pa mang lugar, at sa pagkain.

6. Paano ako makakapagsampa ng reklamo sa EOC?

Ayon sa batas, dapat ay isulat ang anumang reklamo na isasampa sa EOC. Maaari mong iabot ang iyong sulat nang personal, sa pamamagitan ng koreo, fax, o sa paggamit ng online form.

Address: 16/F, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong Fax: 2106 2324 Online form: www.eoc.org.hk/eoc/graphicsfolder/complaint.aspx

Maaari ka ring tumawag sa EOC sa 2511 8211 kung nahihirapan kang isulat ang iyong reklamo o may tanong ka tungkol sa tamang pamamaraan. Maaari ka ring bigyan ng EOC ng tagasalin sa iyong wika kung iyong hihilingin.

7. Nag-aalala ako na baka sisisantihin ako ng employer ko kapag nagsampa ako ng reklamo sa EOC.

Ipinagbabawal sa ilalim ng DDO4 na tratuhin ng hindi kanais-nais ng isang employer ang kanyang empleyado (halimbawa, sisantihin niya) dahil nagsampa ito ng reklamo sa EOC laban sa kanya sa ilalim ng DDO.

8. Dahil sa two-week rule, mahihirapan akong magsampa ng reklamo sa EOC           matapos akong sisantihin ng employer ko. Ano ang dapat kong gawin?

Makakapagsampa ka ng reklamo sa EOC sa ilalim ng mga batas laban sa diskriminasyon kahit wala ka sa Hong Kong. Kailangan mo lang iwan ang ilang impormasyon, katulad ng numero ng iyong telepono, address kung saan sa puwedeng padalhan ng sulat, o email address.

Maaari ka ring magtalaga ng isang kinawatan para sa pagsasampa ng reklamo sa EOC batay sa batas kontra diskriminasyon. Alalahanin lang na tungkulin mo ang magbigay ng kaukulang ebidensya para suportahan ang iyong pagsasampa ng kaso.

For the English version, click here:  https://www.eoc.org.hk/EOC/Upload/UserFiles/File/FAQ_COVID-19_Foreign_Domestic_Workers_and_Employers_english.pdf

The Chinese version is here: 
https://www.eoc.org.hk/EOC/Upload/UserFiles/File/FAQ_COVID-19_Foreign_Domestic_Workers_and_Employers_chinese.pdf

EOC warns employers not to use Covid-19 to force helpers not to take day-off

By Daisy CL Mandap

CD's appeal for help before she was rescued from her employer's home by a friend

Amid complaints that some employers are still refusing to allow their foreign domestic helpers (FDHs) from taking their weekly day-off, citing the coronavirus outbreak as excuse, the Equal Opportunities Commission is sending the word out: this is illegal.

The move comes as more Filipina migrant workers have come out to complain that their employers have kept them at home for up to six months, on the pretext that the risk of contamination remains high.

This is despite the government’s move to allow as many as 50 people to gather in public, in a further sign that the Covid-19 infection has been put under control.

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At least four such FDHs have sought The SUN’s help in the past few days, saying they have been under tremendous mental stress because of their continuous confinement.

One of them, CDS, was forced to leave her employer’s home in Fotan today, Jun 19, because her request for a day-off tomorrow, Saturday, was again rejected.

CDS had been detained by her employer since Jan 27, or for nearly five months.

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Yesterday, another Filipina, Rose Suarez, flew back to Manila, more than a month after she was terminated by her employer for insisting on taking a day-off for the first time since January. 

Rose just asked to be allowed to go out for a few hours on Apr 26, so she could grieve in private over her mother's death.

These are exactly what the EOC is trying to prevent, by seeking the help of Filipino and Indonesian media in translating and publishing a recent article written by its chair, Ricky Chu, where he warned employers of breaking the law by not allowing their helpers to take a day off.

 

EOC's Ricky Chu says it is illegal for employers to compel their helpers not to take a day-off

In his article originally written in Cantonese, Chu said: “An employer who compels his/her FDH to work on a rest day without the consent of the FDH or fails to grant rest days to the FDH is in breach of the Employment Ordinance and is liable to prosecution.”

Chu said there is no problem with the employer asking for a different rest-day arrangement with the helper, but that should happen only with the consent of both parties.

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Under an advisory issued by the HK Labour Department on Feb. 2, that modified arrangement may include the helper staying at home, but not being made to work; or substituting another rest day to prevent large numbers of FDHs gathering in public.

Chu further warned that an employer who dismisses a helper on the presumption that the latter has contracted the coronavirus because she had gone out on her rest day, may  have also violated the Disability Discrimination Ordinance.

The DDO makes it unlawful for anyone to treat another less favourably because of a disability or disease.

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Chu said this prohibition includes a disability that is merely “imputed” on a person, or is based on a mere presumption.

“That means even though your FDH was not infected with the novel coronavirus, but you think that she did and therefore discriminate against her, you may have breached the legislation,” he said.

The only exemption to this rule is that the unfavorable treatment of a person with disability is “reasonably necessary to protect public health,” such as when a patient with an infectious disease is put in isolation.

A worker dismissed due to Covid-19 (file)

Earlier, Cynthia Abdon-Tellez also warned that employers may be committing the crime of illegal detention by preventing their helpers from taking a day-off.

She also said that a domestic worker who has been kept inside the house against her will can walk out on her job anytime as the employer was the first to violate their contract.

If that happens, the employer will still be liable to pay a month’s salary in lieu of notice, apart from all the payment due the worker, including unpaid salary, annual leave, transportation allowance, and return air ticket.

In addition, the worker can apply to process a new work contract in Hong Kong, if she is able to prove that she was forced to break her contract because of abuse or any illegal act committed by the employer.

That is the reason Tellez always reminds workers to keep a diary and a record of chats or conversations with their employers, should it become necessary to prove their allegations before government agencies, and even the police.

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Filipina helper charged with assaulting 5-year-old ward

Maria was charged in Fanling court with assaulting the child

A Filipina domestic helper was charged today, Jun 19, in Fanling Court with ill-treating the five-year-old child of her employer in Taipo.

Maria H.E. appeared before Magistrate Don So, charged with “willful assault by those in charge of a child”.

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Her duty lawyer said Maria was ready to enter a plea, but the prosecution asked for an adjournment for further legal advice.

Magistrate So agreed to adjourn the case but asked the prosecution to read out the details of the charge to Maria.

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The Filipina is charged with willfully assaulting her employer’s child on Apr 23 inside the family’s house in Taipo, causing the toddler to suffer pain.

The employer reported to the police, who investigated and arrested the helper. But the accused was released on bail after she was charged.

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The magistrate ordered the maid to return to court on Aug 6 for her plea-taking, telling her that if she pleads guilty, she would be sentenced on the same day. – Vir B Lumicao

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