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High Court rejects deported transgender’s appeal against sentence

Posted on 13 January 2021 No comments

By The SUN

The appeal court said the sentence on Arabejo was within the prescribed range

A Filipino transgender tourist who was jailed for two months last year for overstaying his visa for six months, has lost his appeal against his sentence in the High Court.

The appellant, Manuel Arabejo II, was unrepresented and absent, as he was repatriated to the Philippines on Oct 13 after his discharge from prison, the court said.

Arabejo, 28 and a college student, had appealed against the sentence meted by an Eastern Court magistrate after he pleaded guilty to the charge of breach of condition of stay. He served the sentence and was released on Oct 12.

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In her decision issued on Dec 29 but published on Jan 12, Justice Esther Toh concurred with prosecutor Dmitri Au-yeung that Arabejo’s “is a clear case that the sentence is not manifestly excessive.”

“The fact is very simple. A police officer posed as a sex customer and made a phone call at a number found in an online advertisement. He was instructed to go to a hotel in Causeway Bay. Upon arrival, the door was opened by the appellant, (who) then informed the police officer that $2,000 was required for full sex service,” said Justice Toh.

The officer revealed his police identity just when Arabejo wanted to undress. He arrested the Filipino and seized 10 unused condoms and a bottle of KY Gel from the room.


The appellant arrived in Hong Kong in March last year as a visitor and was only permitted to stay until Sept 7, 2020.

“The appellant had actually contravened his condition of stay and under caution the appellant also admitted the offence,” the appeal judge said.




 Toh said whatever financial need drove Arabejo to do what he did, he contravened a law in Hong Kong and the sentence imposed on him was well within the range of sentences for this type of offence.

 "So, I cannot see that the sentence was manifestly excessive or wrong in principle,” said Toh.


Police have right to ask for your ID, says Congen on viral video

Posted on 12 January 2021 No comments

By Daisy CL Mandap 

Screen grab from the video shows the police pinning the woman
to the ground after she tried to get away

A viral video of a woman, apparently a Filipina, tangling with three police officers in a still undetermined place and time, has prompted Consul General Raly Tejada to advise Filipinos to cooperate when asked for their Hong Kong ID cards during spot checks.

In a Facebook post on Jan 11, ConGen Tejada mentioned the video, noting that the woman resisted showing her HKID card so she was arrested.

Ang payo ko po ay maging kalmado at mag cooperate lamang. Nasasaad po sa batas ng HK na maaaring mag-check ng identity ang mga police. Ibigay agad ang ID (huwag kalimutan) kung hinihingi at sagutin ang mga katanungan nila sa malumanay at maayos na pananalita,” he said.

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(My advice is for you to keep calm and just cooperate. Hong Kong laws provide that police could check people’s identities. Give your ID immediately (don’t forget to always bring it with you) when asked and answer all their questions calmly and properly).

He further reminded everyone to take note of the officer’s badge number so reporting could be made easily in case an untoward event happens.

But when asked if he was told of the full details of the incident, including what happened to the woman afterwards, ConGen said no, adding the video was just forwarded to him by a Filipina migrant worker.

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It would appear, though, that the woman was indeed, asked for her identity, and instead of showing the officers her ID card, tried to get away.

In the video, the woman could be heard telling the officers repeatedly, “Wait, I call my boss”, but each time the hold on her was loosened, she would try to escape.

While tightening their grip on her, the officers could be seen trying to take her mobile phone off her hand. In the end, they ended up pinning her to the ground, before putting handcuffs on her.

The woman, said to be a Filipina, kept saying she wanted to call her boss

Several comments in social media chat groups said the woman was a Filipino who had overstayed her visa, and could thus not show any HK ID to the officers. Others said she was caught shoplifting and wanted to flee.

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But there has been no independent confirmation of any of the claims, as several of those who posted said in reply to private messages that they merely shared the video, and did not know where it had come from originally.

Nobody seemed to know for sure, either, where the incident happened. Some said it was taken in one of the alleys in Sham Shui Po, others claimed it was in Wanchai or Central, while others gave Tai Po as the location.

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When contacted, the Police Public Relations Branch said today, Jan 12, that they had no record of any such incident taking place in Central or Sham Shui Po.

After being shown the video, a police spokeswoman said it was still difficult to check their records if no positive location and date and time were given.

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She suggested those who have this information should relay them to the police so they could check on the case status and advice the public, if called for, on what they should do under the same circumstances.

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Son offers part of liver to save sick DH mom, but - too late

Posted on No comments

By Vir B. Lumicao 

Marlyn first went abroad when her son Edmar was just a year old

If things worked according to plan, 51-year-old Filipina domestic worker Marlyn Figuracion could still be alive today.

That’s because her 26-year-old son, Edmar, who works with her in the same household in Hong Kong, had volunteered to donate part of his liver to try and save his mother from a life-threatening ailment.

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But Edmar’s loving offer to repay his mother for all her sacrifices was in vain as Marlyn succumbed to autoimmune hepatitis on Jan 7 at Queen Mary Hospital.

Both mother and son worked as domestic helpers for a local couple and their three young sons in Pokfulam. Marlyn had been with the family for the past 12 years of her 25-year-stay in Hong Kong.

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Edmar said his mother’s illness was unexpected because she looked healthy and never complained about health problems.

Two years ago, Marlyn requested her employers to hire her son after her daughter, the older of two children, went home after four years of working for the same household.

Marlyn never complained about being sick before, says her grieving son

The Figuracions come from a farming family in Santa Cruz, Ilocos Sur and, like many in rural Philippines, the able-bodied members work abroad mostly as domestic helpers to seek economic uplift for their families.

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To the mother, bringing her son to Hong Kong was her way of making up for her absence since he was barely a year old. “She pampered me as if I was still a little boy when I just arrived here,” Edmar said.

Perhaps, the son realized later, his mother wanted a family member to be around in times of need.

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That moment came on Dec 1 when Edmar noticed his mother’s jaundiced eyes, making him suspect she had some serious health problem. He said she had not been sick before.

Edmar advised her to see a doctor, but his mother reportedly insisted she was fine.

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Then on Saturday night, Dec 5, Marlyn started vomiting and looked very sick, said Edmar. He noted on a calendar that his mother’s skin color had also turned yellow.

On their day off the next day, he took her mother to Ruttonjee Hospital in Wanchai for a checkup. Doctors there must have realized something was seriously wrong and began a series of tests.

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Before the day ended, Marlyn was diagnosed with acute hepatitis and was confined in the hospital. A week later, they told her she had autoimmune hepatitis, a disease in which her own immune system was attacking and destroying her liver.

The doctors told Edmar they would try and treat his mother, but if her condition did not improve, they would transfer her to Queen Mary Hospital for a liver transplant.


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Marlyn was moved on Jan 2 to Queen Mary, where doctors determined she was in dire need of a liver transplant.

Edmar said he was told that his mother could wait for a brain-dead donor, but that could take between one to two months. The alternative was to do a transplant from a living donor. Doctors told him that if he donated, the risk he faced during the procedure was just 0.5%.

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When he got home that night, Edmar decided to donate part of his liver to save his mother. In his mind, this was probably the reason he came to Hong Kong, to try and save his mother who had worked for more than two decades to bring comfort to their family.

Edmar called up his own family in Ilocos Sur, then told the doctors at Queen Mary the next morning about his decision.

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On Jan. 4, Edmar submitted himself to a series of tests including a Covid-19 test to prepare him for the transplant. Everything went well and he was confirmed as a match for his mother.

But at noon on Wednesday, Jan 6, Marlyn suddenly fell into a coma so the doctors called off the transplant and sent Edmar home. At 6am the next day, they called him to say, “Come back, your mom is not OK.” 

Edmar returned to Queen Mary and went straight to his mother’s ICU bedside after the doctors allowed him time to be with her. At 10:15am, the heartbeat monitor flattened and the beep lengthened. The doctors and nurses came and told him Marlyn was gone.

The deceased’s remains are now in the Queen Mary mortuary but will be at Po Fook Memorial Hall in Taiwai this Sunday, 9am to 2pm, for public viewing.

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60 new Covid-19 cases reported, all locally acquired

Posted on No comments

By The SUN 

CE Lam says it's not yet time to relax gathering restrictions

There was not a single imported coronavirus case among the 60 new infections reported today, Jan. 12. 

The number of new cases has hovered between 20 and 60 in the past few days, suggesting an easing of the fourth wave of infections. Despite this, Chief Executive Carrie Lam said in a press briefing this morning that “now is not yet the time” to relax anti-epidemic restrictions.

Speaking before Tuesday’s executive council meetings, the CE said that despite the decline in coronavirus cases, they are still fluctuating, with new cases being found in hospitals, elderly care homes and construction sites.

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She urged people to avoid gatherings, saying the city should have a “relatively quiet” Lunar New Year, and appealed for understanding to residents stranded overseas due to travel restrictions.

The government had announced last week that the strict social distancing rules that require no more than two people to gather in public, and ban dine-in services at restaurants from 6pm – would remain in place until Jan. 20.

But at the same time, officials said it was not likely that the restrictions would be eased before the Lunar New Year, which will last from Feb 12 to 15.

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Meanwhile, Dr Chuang Shuk-kwan from the Centre for Health Protections said at today’s coronavirus briefing that an outbreak at an old tenement block on Reclamation Street in Jordan, has worsened, with 10 new cases reported.

The total number of cases in the housing block has now grown to 21, affecting 11 flats in three buildings. Two preliminary positive cases from one of the buildings have also been recorded.

As a result, the compulsory testing order previously issued for 26 Reclamation Street has now been expanded to also include numbers 20, 22 and 24. Chuang said all of these are independent buildings, but are linked to each other within the block.

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“The buildings there are old and have subdivided flats … while some pipes and facilities may be shared. These may pose a higher risk of transmission,” Chuang said.

She said among those living in the affected units are ethnic minority families, mostly South Asian.

Reclamation Road in Jordan, where the 3 infected buildings are located

Worst hit is number 26, where three more residents in two flats tested positive, taking the total from the building to 14 patients in eight homes. Number 20 had five infections in two flats, while number 22 had two patients living in one flat.

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Some of the cases were linked to outbreaks at construction sites for the Tseung Kwan O- Lam Tin tunnel, and the Central to Kowloon highway project, and the third runway at the airport.

Also among the new cases are those involving close contracts of the workers at the Central-Kowloon tunnel project, three ambulancemen at the Tsing Yi Ambulance Depot, three linked to Hong Kong & Kowloon Ferry, and a therapist at Princess Margaret Hospital.

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Meanwhile, Hospital Authority’s Dr Sarah Ho said that as of 9am today, 569 confirmed patients were being treated in 25 public hospitals and the treatment facility at AsiaWorld-Expo. Among them, 41 are in critical condition, 35 are serious, and 493 are in stable condition.

One patients passed away in the past 24 hours, raising the Covid-related death toll in public hospitals to 155.

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2 Filipina helpers pass on due to suspected illnesses

Posted on No comments

By Vir B. Lumicao 

Teresa dela Cruz was found unconscious in her employer's house

Two Filipina domestic workers passed on two days apart last week, with one collapsing in the flat of her employer in Shatin, and the other reportedly succumbing to liver ailment in Queen Mary hospital.

The deaths were the first to be reported this year, and came just as the Consulate released data showing that 91 Filipinos in Hong Kong died from various causes last year, compared with 65 a year earlier.

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On Jan 9, Teresa dela Cruz, a volunteer in the Philippine Overseas Labor Office’s “Healthwise” health check program for Filipino workers, collapsed in her employer’s flat in Hing Keng Estate, Shatin.

The police spokeswoman said Dela Cruz’s male employer called 999 and reported that around 2:15pm, the worker was found unconscious in her bedroom.

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Officers and ambulance staff who responded took her to Prince of Wales Hospital in Shatin where she was certified dead.

Police said initial investigation found no suspicious circumstances and that they could not tell the cause pending a postmortem examination.

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The 51-year-old helper had no known ailment, the spokeswoman said. But the employer and a niece of Dela Cruz who visited the Overseas Workers Welfare office on Sunday reportedly suspected it was due to a heart attack.

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Friends of the deceased who live in the neighborhood said they were shocked because they had a chat with her just the day before and she gave them food. They said she was a very kind person.


On Saturday afternoon, they heard the wailing of an ambulance and saw police officers arriving at the block where Dela Cruz’s employers lived, so they tried to chat with the helper online to get news but got no reply. Then a fellow Filipina on the block told them it was Dela Cruz who the ambulance men and officers came to pick up.

Marlyn Figuracion was due for a liver transplant when she passed away

Two days earlier, Marlyn G. Figuracion, a song leader at the Jesus Is Lord ministry, also passed away. 

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Talk with some of her friends revealed she had a liver problem and was due to undergo a transplant at Queen Mary Hospital with her son Edmar as the donor, when she succumbed to the ailment on Jan 7.

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Consul Paulo Saret, head of the Consulate’s assistance to nationals section, confirmed the death.

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He said that on Sunday, Jan 10, Figuracion’s employer, accompanied by the deceased's son, went to the Consulate to seek help in arranging the repatriation of the worker’s remains.

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No date has yet been set for repatriating the remains of the two.

 

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