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Migrant workers' plight cited for HK’s downgrade in US human trafficking report

Posted on 01 July 2020 No comments
By The SUN

The TPR urges more protection for HK's migrant workers to prevent them falling prey to exploitation 

Hong Kong has been downgraded to Tier 2 Watch List status in the US State Department’s Trafficking in Persons Report for 2020, for its perceived failure to “fully meet the minimum standards” for eliminating the menace.

Despite attempts to show an effort to crack down on human trafficking, the Hong Kong government was not seen as having done any improvement compared to last year, when it was at Tier 2 status.

“Authorities did not investigate, prosecute or convict any cases of labor trafficking and investigated significantly fewer cases related to sex trafficking compared to the previous year,” said the TPR.

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Among those that continue to be considered as trafficking victims in Hong Kong are some of its 400,000 foreign domestic workers who, the reports said,” become victims of debt bondage in the private homes in which they are employed.”

From 2016 to 2019 Hong Kong was at Tier 2 level, and before this, was ranked Tier 1, the highest in the three-tier ranking.
The downgrade prompted an angry reaction from the Hong Kong government, which slammed the report as containing allegations based on hearsay.
“The findings are groundless, and the rating of Hong Kong at Tier-2 Watch List is obviously seriously biased and not substantiated by facts,” a government spokesman said.

He scored the report’s “sloppy and prejudiced basis”, and said that the HKSAR government has always attached great importance to combating human trafficking.

This was bolstered by the small number and percentage of victims identified in the report, he said.

“There has never been any sign that Hong Kong is being actively used by syndicates as a destination or transit point for TIP…To attack Hong Kong for lagging behind in our anti-TIP efforts despite such positive outcome is grossly unfair and illogical,” he said.

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The TPR’s 20th edition acknowledged Hong Kong “is making significant efforts” to combat trafficking, including hiring and training 98 new employees within the Immigration, Customs, Labor and Justice departments who focus on the issue.

The report also noted that Hong Kong screened more than 7,000 vulnerable individuals, the labour department introduced a victim identification mechanism to its division offices, and various officials have been given anti-trafficking training.

But the government did not demonstrate overall increasing efforts compared with the previous reporting period, the report said. Only three victims were identified in 2019, down from 18 in 2018, and they were not given government-funded services.

Observers also reportedly noted that the “ineffective implementation of the screening mechanism and a lack of understanding of psychological trauma associated with trafficking continued to result in few victims identified.”

“As in previous years, the government continued to penalize victims for unlawful acts traffickers compelled them to commit. The government did not enact legislation to fully criminalize all forms of trafficking. Therefore, Hong Kong was downgraded to Tier 2 Watch List,” the report said.

For the SAR to improve its TIP rating, the report urged the government to, among other measures, increase protection for foreign helpers to reduce their vulnerability to trafficking.

These include removing recruitment fees, eliminating the “two-week rule,” allowing workers to live outside their employers’ homes, and creating legal maximum working hours.

The report called on the government to proactively investigate unscrupulous employment agencies and money lenders for their complicity in labor trafficking and sufficiently penalize convicted agency operators.

Human traffickers exploit domestic and foreign victims in Hong Kong, and traffickers exploit victims from Hong Kong abroad. The report said victims include citizens from China, Indonesia, the Philippines, Uganda, Kenya, Thailand and other Southeast Asian countries, as well as countries in South Asia, Africa, and South America.

The report said some of the 400,000 foreign maids, primarily from Indonesia and the Philippines, work in Hong Kong. It said some foreign domestic workers become victims of debt bondage in the private homes in which they are employed.

Some employers, money lenders, and employment agencies illegally withhold passports, work contracts, or other possessions until the debt is paid, the report said.

The report also noted that some workers are required to work up to 17 hours per day; experience verbal, sexual, or physical abuse in the home; live in inadequate conditions; and/or are not granted a legally required weekly day off.

Ho has extended help to some Filipino migrant workers in distress
Meanwhile, Hong Kong human rights lawyer Patricia Ho, who has extended help to some abused and/or disadvantaged Filipino domestic workers, has been named as a "TIP Report Hero", one of 10 so honored this year from different countries.

Ho was cited for her "dynamic leadership in defending human trafficking victims and marginalized groups by challenging government policies and law, and her relentless work to promote the better treatment of victims through the elevation of survivors' voices and trauma-informed approach."

The TIP Report Hero award is bestowed  each year on "outstanding" individuals who fight to end human trafficking.

In 2018, The SUN's team of editors and writers were among those nominated for the prestigious award.






HK Immigration to allow stranded FDHs to extend visa further

Posted on 30 June 2020 No comments
By The SUN

All stranded migrant workers can apply for a further visa extension, but those terminated will remain as 'visitors'

All foreign domestic helpers, whether currently employed or terminated, can now apply for a further visa extension if they are still unable to return to their home countries because of travel and quarantine restrictions.

This was announced today, Jun 30, in a press release issued by the Hong Kong government.

Those who may avail of the visa extension are divided into three categories:
(1)  those whose contracts with their current employers are about to expire, or have already been extended,
(2)  those who have renewed their contracts or moved to a new employer but have yet to exit for their home leave, and
(3)  those who were terminated and are on visitor visas.
According to the announcement, employment contracts that will expire on or before Sept 30 this year can be extended up to Oct 31, upon the mutual agreement of the employer and the worker.

If the contract had already been extended previously under the “flexibility arrangement” scheme announced by the government on Feb 4 and Mar 19, the employer may ask for a further extension of the period of employment and stay of the FDH until Oct 31.

“The flexibility arrangement aims to assist those employers whose contracts with their existing FDHs are due to expire soon, but are in the situation where the newly hired FDHs cannot fly in to commence the new contract,” said the government statement.
For those who have already renewed their contracts with the same employer, or have moved to a new employer after finishing their previous contract, the one-year deadline for taking a home leave or to “exit” Hong Kong, has been extended further.

Previously, in line with an announcement issued on Mar 21, those who could not fly out for their home leave were given an extension of no more than six months.

Today, that extension has been made longer for FDHs who are still unable to fly home, even after getting the six-month reprieve.

According to the announcement, Immigration may, “on individual case merits, consider exercising discretion to grant them a further extension of limit of stay for not more than three months.”

That means that the worker must still leave Hong Kong no later than 21 months since taking up the new employment. Immigration says that within the extended period of a further three months, the employer must arrange for the worker to return home “and to use his/her entry visa (with a validity in line with the extension of stay granted) upon his/her return to Hong Kong for completion of the contract.”
 
Terminated OFWs like these NGO clients, will just have more time to look for new employers
As for those whose contracts were cut prematurely, the statement said they can apply to have their visitor visa extended further so they can look for a new employer, but only up to a month.

“An FDH who has already extended his/her limit of stay as a visitor in Hong Kong under the flexibility arrangement announced on (Mar 21) may submit an application to ImmD to further extend his/her limit of stay as a visitor for the purpose of finding a new employer in Hong Kong,” said the statement.

But it warned Immigration will still decide on the applications on a case-to-case basis, or “depending on individual case merits under the special circumstances arising from the pandemic.”

It would appear, though, that once the terminated worker has secured a new job, he or she will still have to return home before being allowed to start working for the new employer.

A plea from Consul General Raly Tejada for the terminated workers to process a new work contract while in Hong Kong, then take up the new job without going back to the Philippines, remains a grey matter.

Maid charged with stealing $80k from employer's safe

Posted on No comments
By Vir B. Lumicao

The helper is accused of taking the money from the employer's safe boxes


A 34-year-old Filipina domestic helper was charged in Eastern Court today, Jun 30, of stealing $80,000 cash that her employer kept in safe boxes inside her house in Quarry Bay.

Marites Borines, who is in police custody, was read the charge when she appeared before Magistrate Bina Chainrai. No plea was taken.

The prosecution said the offense took place between May 1 and Jun 28 inside the flat of employer Chan Wai-kit on the 29th floor of Tower 1, Kornville, 38 Yau Man St., Quarry Bay.
Borines reportedly admitted to her employer that she had stolen the money, before she was arrested.

Police are planning to lift fingerprints from the safe boxes and compare them with the defendant’s, the prosecution said.
The defendant offered $1,000 as bail but the magistrate rejected the offer after the prosecution objected.

Chainrai adjourned the hearing until Jul 14 and told Borines to get someone to represent her from the Duty Lawyer Service.
 

Filipina accused of stealing over $500k worth of employer’s jewels

Posted on No comments
By Vir B. Lumicao

Among the items allegedly stolen - and recovered - was a Piaget necklace (file photo)

Another Filipina domestic helper has been charged in court for allegedly stealing an array of expensive jewelry from her employer who lives in Shek-O, valued a total of $543,000.

Margie C. Tagulao appeared in Eastern Court on Jun 30, on the same day another Filipina, Carmelita Nones, was charged with stealing more than $14 million worth of valuables from her employer.

Tagulao, 41, was charged before Magistrate Bina Chainrai with stealing various pieces of jewelry from the house of her employer, Yuen Lai-ka, on Big Wave Bay Road, Shek-O, between Jan 1 and Jun 9 this year.


The prosecutor said the Filipina had admitted the offence to police investigators, saying she took the jewelry items and pawned them because she needed money.

The defendant is accused of  stealing a Piaget necklace, a diamond brooch, a pair of pearl earrings, a pair of diamond earrings, a sapphire necklace, a Bulgari necklace, a pair of rose pattern earrings, a necklace with a diamond cross pendant, a pair of diamond and pearl earrings, one 18-karat gold necklace and one black watch.



The prosecutor said police are still conducting investigation and tracing the rest of the stolen property, after five items were recovered from pawnshops.

The recovered items were the Piaget necklace, diamond brooch, pearl earrings, diamond earrings, sapphire necklace and Bulgari necklace.

The prosecution opposed bail for the defendant due to her lack of local ties, and the possibility that she would abscond.

Chainrai adjourned the case until Jul 14 and remanded Tagulao remanded in custody. The defendant was also told to get a duty lawyer to represent her in court.






Filipina DH now accused of stealing jewelry worth $14.6 million from employer

Posted on No comments
By Vir B. Lumicao

The case will be moved from the magistracy to the High Court because of the huge amount involved

A staggering $14.6 million (or Php95 million) worth of jewelry is now said to have been stolen by Filipina domestic helper Carmelita Nones from her rich Hong Kong employers, in the biggest theft case of its kind in the city.

Nones, 45,  appeared in Eastern Court again today, Jun 30, as the final value of her alleged loot was disclosed by prosecution.

She will now have to go to the Court of First Instance to face six theft charges against her, as the amount involved is way above what the lower courts could deal with.


The prosecution alleged that Nones stole 200 jewelry pieces from David Liang, former executive director of New World Development Co, and his wife.

Magistrate Bina Chainrai adjourned the hearing until Jul 14 for plea-taking so the prosecution can amend the charges based on the final report of the investigators. The prosecutor said the police are still making an inventory of the stolen items.

In the previous hearing on May 19, more than 70 additional pieces of jewelry were added to Nones’ alleged loot, raising the total value of the stolen property to $9 million.
Before this, the amount involved was increased to $1 million from the initial $100,000 which was the value of two Piaget watches she was initially accused of stealing following her arrest on Sept. 4 last year.
 
Gold bars formed part of the loot, prosecutors say (File photo)
The alleged loot has since grown to $14.6 million as more pawnshop receipts for jewelry pieces such as gold and diamond necklaces, bracelets and even gold bars were found by investigators.

The prosecution said some of the stolen items had been recovered from five pawnshops where Nones and three other persons had allegedly hocked them.

The three other people had reportedly given statements saying Nones had asked them to pawn the jewelry. No other details were disclosed.

Chainrai ordered Nones remanded in custody until the next hearing.

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14 Filipinos still missing after boat collided with HK vessel off Mindoro

Posted on 29 June 2020 No comments
By The SUN

The upturned hull of the Liberty 5 boat off Occidental Mindoro (PCG photo)
A search and rescue operation is still underway off Occidental Mindoro for 14 Filipinos, mostly fishermen, after their boat, F/V Liberty 5, collided with a Hong Kong-registered vessel early yesterday, Jun 28.

The Philippine Coast Guard said the collision happened off the coast of Mamburao as the fishing boat was on its way to Navotas from Cagayan.

The Hong Kong vessel M/V Vienna Wood, which departed from Subic and was supposedly on its way to Australia, had been escorted by the PCG to Batangas for further investigation.

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PCG spokesperson, Commodore Arman Balilo, said they were in close coordination with the Hong Kong vessel.

However, initial reports said the PCG had difficulty communicating with the Chinese-speaking Vienna Wood crew. But ultimately, the crew reportedly denied knowing about the collision with the fishing vessel.

Balilo said the sunken boat had 12 crew members, including the captain, as well as two passengers.
"Some of our rescue personnel already sighted the overturned fishing boat," he added. "We will check the vicinity to find out the whereabouts of the fishermen involved," said Balilo.
 
Aerial search is also being carried out to locate the 14 missing people aboard the fishing boat
Another report cited the general manager of the company that owns F/V Liberty Cinco, as saying that their boat was badly damaged when it was hit by the Hong Kong vessel at 1am on Sunday.

Fermin Soto of boat owner Irma Fishing and Trading, told DZRH radio that the Vienna Woods left the badly damaged Liberty Cinco adrift at sea.

The company reportedly started searching for the boat after it missed its scheduled radio call to port, and failed to pull into the Navotas Fish Port as scheduled at 7 am.



The company’s other boats that rushed to the Liberty Cinco's last reported location off Cape Calavite in Occidental Mindoro reported seeing some debris from the boat, but there were no signs of its passengers.

PCG divers arrived to inspect the capsized boat at around 4 pm Monday, but did not find the missing crew.
Soto said there was major damage on the boat, with the middle section of its hull badly caved in.

The PCG also reportedly noticed some damage on the Vienna Wood’s prow, which might indicate the angle from which it hit the Liberty Cinco.

Contacted for comment, the Department of Foreign Affairs said, "We need to verify the details of the incident first."

On June 9 last year, Chinese fishing vessel Yuemaobinyu 42212 hit Philippine fishing boat Gem-Ver while it was anchored on Recto Bank off Palawan. The Chinese vessel left Gem-Ver's 22 Filipino crew members adrift at sea, where they were later rescued by a Vietnamese fishing boat. 

The fishermen still have to receive compensation from the owners of the Chinese vessel to this day.



Pinoy tennis club announces tourney winners

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TROPA, a tennis club made up of Filipinos in Victoria Park, Hong Kong, held a two-Sunday mixed doubles tournament ending last June 21 in time for Father’s Day. The awarding ceremonies were capped with a dinner for members with birthdays in June. 

The tandem of Willy Dario / Melody Batolanon went undefeated and slipped past, via tiebreak in the finals, the neophyte pair of Allan de Leon / Ruby Bilante, 6-5(10-9). The runners-up put up a tough fight, leading 5-2 in the tiebreak race to 6 points, but the veteran tandem of Aga and Melody managed to claw back to force a super tiebreak race to 10 points.

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The winning pair was given a total of HKD800 in cash plus medals and surprise gifts by the sponsors. The participants were divided into groups for a single round play. The top pairs advanced to a knock-out semifinals and the winners headed to the finals.

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The club’s continuous advancement in tennis is led by Allan Melendez, a professional coach, together with Victor Pumicpic, the club’s senior counsel. The club is managed by Elmer Palma, Michael Santos, Ramil Fajarda, Bai Leo Hibaya and Rey Flores, who make up the club’s board of directors, 



TROPA is registered with the Societies Office of the HK Police Licensing Office as a non-profit recreational organization. 

The group can be reached through its Facebook account, PinoyTennis Club HongKong. 

Covid-19 cases in Phl now past 36,000 mark

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By The SUN


An additional 985 cases of Covid-19 cases were reported in the Philippines as of 4pm today, Jun 29, raising the country’s total tally to 36,438.

Of the new cases reported, 643 were fresh cases, meaning the results were made known to the patient within three days; the remaining 342 cases were late cases. Only 38 of 67 operational laboratories submitted their test results today.

There were also 270 recoveries for the day, bringing the overall figure to 9,956.

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Of the 24,525 active cases, the majority, or 95.6%, have mild symptoms, while 3.8% are asymptomatic, 0.5% (or 126) are severe cases, and 0.1% (26) are critical.

Eleven deaths were reported, making the total tally 1,255.

Meanwhile, Presidential spokesperson Harry Roque has rejected the World Health Organization's report that the Philippines has recorded the highest number of new infections in the Western Pacific Region.


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"We beg to disagree," Roque said.

"Kung idi-divide ninyo ang kaso sa per million population, ito po ang lalabas na pinakamataas sa Western Pacific Region:  India, 549,197; followed by Pakistan 202,955; Bangladesh, 137,787; Indonesia,  54010;  Singapore, 43, 459; tapos po ang Pilipinas at 34,455."



But according to WHO data, the Philippines added nearly 10,000 confirmed cases in the past two weeks alone, which was almost triple the number recorded by Singapore in the same period.
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