HK government looks at progressive increase of statutory holidays

 By The SUN 

If things go according to plan, FDHs will enjoy an extra additional statutory holiday by 2022

The government has announced that the Labour Advisory Board has begun discussing the proposal of Chief Executive Carrie Lam to make the number of statutory holidays (SH) at par with that of general holidays (GH).

The proposal was one of the 10 new initiatives on improving people’s livelihood that the Chief Executive announced on Jan 14 this year.

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At present, the Employment Ordinance provides for only 12 SHs, while the Holidays Ordinance specifies 17 days of GHs, in addition to Sundays.

The plan is to start adding one statutory holiday every two years year starting in 2022, so that there will be an alignment of the holidays by 2030.

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Among those who will benefit from implementing the proposal are foreign domestic workers who are allowed to take the day off on all SHs, in addition to their weekly holiday.

Unlike other employees in the city, however, they do not get to take a day off on GHs which are not declared as SHs.

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A government statement said the LAB discussed the proposal early on Wednesday, Oct 14, and members agreed to consult the trades and organizations they represent afterwards.

The LAB will then hold another meeting to discuss the proposal further, then consult the manpower panel of the Legislative Council.

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“Depending on the outcome of deliberations, we will work on the enabling legislation in a bid to introduce it into LegCo within 2021,” said a statement issued by the government after the meeting.

“Subject to smooth passage of the enabling legislation, the Government aims to designate the first additional SH in 2022 and achieve the alignment of the number of SHs and GHs by 2030.”

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The LAB is a tripartite consultative body comprising representatives of employees and employers that advises the Commissioner for Labour on labour matters.

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Man fined $6k for managing unlicensed employment agency

By The SUN 

The unlicensed recruiter was charged in Kwun Tong court on the complaint of an FDH employer

A man was convicted of managing an employment agency without a valid license and fined $6,000 in Kwun Tong Court today, Oct 15.

 A government press release said the case arose from a complaint filed in December with the Labour Department’s Employment Agencies Administration by an employer hiring a foreign domestic helper.

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 As the investigation revealed sufficient evidence that the man was managing an unlicensed agency and the complainant was willing to act as a prosecution witness, EAA decided to prosecute the case.

 The government statement did not identify the convicted agency manager. But a man named Lam Chun-ming appeared before Magistrate Minnie Wat in Kwun Tong court today to face a charge of “operate employment agency without license”.

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The department reminded members of the public to obtain a proper license before operating an employment agency or they may face prosecution.

The department said in a press release all establishments or persons operating an employment agency in Hong Kong are governed by Part XII of the Employment Ordinance and the Employment Agency Regulations.

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Irrespective of the modus operandi or the types of jobs involved, all agencies must obtain a license from the Labour Department before undertaking any agency activity, the department said.

Except for the license holder or his/her associate, no one shall operate, manage or assist in the management of an employment agency, or they may face prosecution, the government statement said.

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Employment agencies were reminded to fully comply with the law as well as their Code of Practice. Failure to do so may lead to prosecution and/or revocation of license, the statement said. 

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Two newly arrived FDHs among 12 new cases reported today

By The SUN

8 new arrivals, including an FDH each from the Philippines and Indonesia, are among the new cases

Twelve new Covid-19 cases were reported today, Oct. 15, after a one-day lag in reporting due to the hoisting of typhoon signal no 8 last Tuesday.

Eight of the new cases were imported, including two newly arrived domestic helpers from the Philippines and Indonesia, aged 34 and 37, respectively.

The six others included four returnees from Nepal who all tested positive on their second test while under quarantine, and two new arrivals from France.

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The four local cases included two with unknown sources, including the 35-year-old clarinetist of Hong Kong Philharmonic who tested preliminary positive on Tuesday.

More than 90 of his close contacts, who included his fellow members in the orchestra and his family members, have been sent to a quarantine center. But according to Dr Chuang Shuk-kwan of the Centre for Health Protection, no other positive test result has yet emerged from this cluster.

The other untraceable case was a 73-year-old businessman living in Fei Ngo Shan who was asymptomatic but tested positive after being admitted to Union Hospital in Tai Wai for a surgery on Monday.

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Dr Chuang said that during the incubation period, the patient had a meal at the Japanese restaurant, Zuma, at the Landmark in Central, along with his wife and a friend.

He also visited the Kowloon Cricket Club, prompting health officials to distribute 200 specimen bottles to staff and guests at the facility.

Two close contacts of patients previously found infected, a three-year-old girl and a 66-year-old woman, have also tested positive for the disease.

The complete list of the new cases can be found here: https://gia.info.gov.hk/general/202010/15/P2020101500592_351704_1_1602753622805.pdf

Chui called on private doctors to test even those with mild Covid symptoms

At the start of today’s press health briefing, Undersecretary for Food and Health Dr Chui Tak-yi called on private doctors to help detect new infections by testing even those with mild symptoms.

Dr Chui cited the case of an 86-year-old man who was found to have Covid-19 earlier this week after getting tested in Tseung Kwan O Hospital, , even if he had visited a private clinic twice previously.

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He said private doctors should raise their “index of suspicion” to help in the early detection of the disease.

"When they present similar symptoms that share with many other common diseases, the clinicians could also consider Covid-19 as one of the differential diagnoses and order the relevant investigation, that is the Covid-19 tests," he said.

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Hong Kong has so far recorded 5,213 coronavirus cases, with 105 related deaths.

A total of 126 confirmed patients are being treated in 18 public hospitals, 12 of them in critical condition, 6 in serious condition, while the remaining 108 are stable.

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Temporary testing centres for Covid-19 to remain open until tomorrow

By The SUN 

The Wanchai centre was used originally to test only FDHs in-between jobs

Four temporary testing centres for Covid-19 set by the government from Oct 10 to provide free specimen collection and testing services to the public will remain in operation until tomorrow, Oct 16.

“The temporary testing centres will continue to provide service to members of the public till this Friday (October 16) tentatively,” said a statement issued by the Centre for Health Protection late Wednesday night.

The centres, located at Harbour Road Sports Centre in Wanchai, Shek Lei Community Hall in Kwai Tsing, Kai Tak Community Hall in Kowloon City, and the Henry G Leong Yaumatei Community Centre for Yau Tsim Mong districts, were supposed to close yesterday, Oct 14.

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But the closure of offices on Oct 13 due to the hoisting of typhoon signal no. 8 could have led health officials to extend the free tests further.

Another reason could be the anticipated rise in demand for tests after a member of the Hong Kong Philharmonic was among 12 new Covid-19 cases reported today.

More than 100 close contacts of the musician, including other HK Phil members have been quarantined, while the audience in the two shows he played at Friday and Saturday at the Hong Kong Cultural Centre, estimated to be around 1,400 for both events, have been advised to go for tests.

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According to a government press release issued late last night, a total of 8,676 samples had been collected from residents who applied to have themselves tested at the four temporary testing centres. As of 10pm last night, 4,948 of the samples had already been tested.

Speaking at a news conference today, Undersecretary for Food and Health Dr Chui Tak-yi said no positive result was found from the samples tested so far.

The biggest number of samples were collected at the Yaumatei centre, where 1,237 people provided samples; followed by 1,041 in Wanchai, 786 in Kwai Tsing, and 674 in Kowloon City. A big number of those who asked to be tested were foreign domestic workers who were mostly moving in with new employers.

The centres are open from 8am to 1:30 pm, and then 2:30pm to 8pm.

Negative test results are sent via SMS to the person concerned
while CHP is notified of any positive outcome

According to the government, the offer of free tests is meant to “identify cases and asymptomatic patients as early as possible so as to cut the transmission chains in the community.”

Those who test negative for the virus are notified of the result via SMS. Confirmed cases will be taken for treatment at public hospitals, and their number added to Hong Kong’s total daily tally as announced by the CHP.

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Tests at the temporary centres are only for asymptomatic people. Those who develop any of the symptoms of Covid-19 are urged to go to any of the 46 general outpatient clinics (GOPCs) of the Hospital Authority (HA) which operate between ‪9am to 1pm and ‪2pm to 5pm, from Monday to Friday. 

On weekends, people with symptoms may go to the accident and emergency sections of public hospitals.

Targeted testing for bar staff and patrons is still ongoing. A mobile testing van will be parked near bars in Kennedy Town tomorrow night, Prince Edward on Saturday, and Soho in Central on Sunday.

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On Oct 14 alone, the 46 HA GOPCs reportedy distributed a total of over 2,200 specimen collection packs to members of the public.

The government appealed to everyone who have doubts about their health condition to undergo testing immediately. 

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DH accused of stealing $18.5k cash from employer, other valuables

By Vir B. Lumicao

 

The Filipina is accused of stealing cash, watches and other valuables from her employer

A 34-year-old Filipina domestic helper was charged with theft today, Oct 14, in Eastern Court for allegedly stealing $18,500 cash, four watches of undisclosed value and other valuables from her employer in Kennedy Town last Sunday.

No plea was taken from R. Sabugo when she appeared before Magistrate Bina Chainrai.

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She was ordered to return on Nov 18 after her counsel asked for an adjournment for legal advice.

Chainrai refused Sabugo’s $500 bail application and ordered her remanded in custody after the prosecution objected, saying the case was a serious breach of trust.

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The prosecution said the defendant was arrested on Oct 11 after her employer Duan Li reported the alleged theft inside a flat at Upton, an apartment block at 180 Connaught Road West, Kennedy Town.

Meanwhile, another Filipina domestic worker was charged in the same court for possessing part 1 poison after a pack of sleeping pills were found in her bag.

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The CHP added that member

M.C. Caratao, 41, did not enter any plea when she appeared before Magistrate Chainrai.

The defendant was arrested on Aug 20 on Johnston Road, Wanchai, after being found with 10 zopiclone tablets, a prescription drug used for treating insomnia, which is classified as part 1 poison in Hong Kong.

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The magistrate adjourned the hearing to Nov 26 at the request of the defense, and extended Caratao’s bail until then.

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Theft of $2,000 gets maid into triple trouble

By Vir B. Lumicao

 

The Filipina pleaded guilty in Eastern Court to 2 counts of violating her visa condition and 1 of theft

After stealing $2,000 in July from her French employer in Stanley, a Filipina maid got into triple trouble when police found out she had overstayed her work visa and worked illegally after failing to file for renewal of her employment contract.

This was disclosed in Eastern Court today, Oct 14, after Jesella Lorica pleaded guilty to  charges of theft, breach of condition of stay for overstaying, and for working without an employment visa.

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Magistrate Cheang Kei-hong sentenced Lorica, 30, to two months in jail for the two immigration offenses, and a week in jail for the theft, with the sentences to run concurrently.

But, as she had been held in custody since her arrest on Aug 13, she has effectively served her sentences and has been ordered release after clearance today.

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The prosecution said sometime in mid-July this year, employer Edouard Denis Bergis put $2,000 in an unlocked drawer in his bedroom.

On Aug 13, Bergis checked the drawer and noticed the $2,000 was missing. He asked Lorica about the money and she admitted taking it, the prosecutor said.

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Police who were called by Bergis checked the maid’s passport and discovered she had overstayed her visa since Feb 17 this year. He had employed her since February 2016.

The officers also learned from the Immigration Department that she had not renewed her work contract.

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Bergis reportedly told investigators he gave the defendant $3,000 for the visa application after signing her work contract renewal form in early February.

He later asked the maid whether her visa was extended and she answered yes, so he extended her employment insurance coverage.

Lorica said she forgot to file her contract renewal and visa application in February, the prosecutor said.

The defense counsel, in mitigation, said the defendant merely forgot to submit her work contract and visa application to Immigration.

He said the defendant was remorseful, had a 9-year-old child and a mother who relied on her for financial support.

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DH jailed 8 months for stealing $102k worth of employer’s jewelry and cash

The Filipina lived with just her employer in the City Garden flat where the theft happened

By Vir B. Lumicao

A 40-year-old Filipina domestic helper was jailed for 8 months today, Oct 14, after pleading guilty in Eastern Court to a charge of stealing her employer’s jewelry and cash with a total value of roughly $102,000.

Aileen Rima readily admitted the offense when she appeared before Magistrate Cheang Kei-hong at noon. She had earlier admitted the theft to the victim and to investigators.

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She was accused of stealing 4 gold necklaces, 2 gold bracelets, $4,810 in local currency, 600 euros and US$9,900 from her employer, Elena Chan, between Dec 19, 2019 and Aug 5.

Chan had employed the defendant since September 2018. They were the only occupants of the flat in Block 8, City Garden, North Point.

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The prosecutor said Chan kept her gold jewelry and cash in a red cloth bag that she placed inside a brown envelope and locked in a drawer in her bedroom. She then hid the key under her clothes in her wardrobe.

On Aug 5, the employer noticed that the key was not in the right position where she hid it when she checked her wardrobe. She became suspicious and checked the jewelry and cash in the drawer, but they were gone.

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When the employer asked Rima about the missing jewelry and money, she admitted taking them but promised to return them, the prosecutor said. On Aug 9, after the maid failed to return the items, Chan called the police and Rima was arrested.

During questioning, Rima admitted the offense. She said she had spent all the cash and proceeds from pawning the jewelry.

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The prosecution said a search of her belongings yielded a pawnshop receipt for a gold necklace and pendant set valued at $15,000 that she had hocked for $5,000 at Wah Fung Pawnshop on Tin Chong St., North Point.

The rest of the stolen items were not recovered.

In mitigation, Rima’s duty lawyer said his client, a single woman, was the sole earner for her two brothers, a 68-year-old cancer patient and a jobless 60-year-old father of three.

Magistrate Keang interrupted the lawyer and said the offence was a breach of trust, and after giving a discount for the defendant’s guilty plea, imposed a sentence of 8 months in jail.

 

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