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Indonesian DH falls to her death while cleaning windows

Posted on 14 January 2021 No comments

By The SUN 

The victim fell from the balcony of a unit in Kingsford Gardens in North Point

Police tonight confirmed that an Indonesian domestic worker was cleaning windows when she fell to her death from the balcony of a unit in a housing block on Tin Hau Temple Road in North Point.

A police spokeswoman said the 37-year-old Indonesian woman was declared dead at the scene.

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She was reportedly cleaning a window in her employer’s sixth-floor flat in Block A, Kingsford Gardens, when she fell into an underground parking space at about 10am today, Jan 14.

The police were seen sealing off the scene, and covering the victim’s body with a tent before they entered the building to investigate.

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No one was taken in for questioning after the incident, said a police spokeswoman.

Dangerous window-cleaning is a prohibited act under the standard employment contract of all foreign domestic helpers in Hong Kong.

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The government announced the addition of the clause in November 2016 after then Labor Attache Jalilo dela Torre unilaterally required all employers to sign an undertaking that they would not require their Filipino DHs to clean windows from outside.

He took the move after several FDHs fell to their deaths while cleaning windows, the latest of whom was Filipina Rinnalyn Duollog, who was killed on Aug 9, 2016, after falling from her employer’s high-rise flat in Tseung Kwan O.

All FDHs who were signed up to work in Hong Kong from Jan 1, 2017, could not be asked to clean any window above the ground unless it is fitted with a locked grille, and no part of their body except for the arms should extend outside. 

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Newly arrived Filipina DH tests positive after moving to employer’s home

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By Daisy CL Mandap 

The Filipina tested negative at the airport, and to 2 more tests while in quarantine 

A Filipina domestic helper who started coughing on the day she finished her 14-day quarantine and moved into her employer’s house is among 29 new Covid-19 cases reported today.

According to Dr Chuang Shuk-kwan from the Centre for Health Protection, the Filipina arrived in Hong Kong from the Philippines on Dec 24.

“On January 7 she completed quarantine and arrived at her employer’s  house and started coughing. A few days later she developed a fever and went to the accident and emergency department for treatment,” Chuang said.

She said the helper was not allowed to leave her employer’s house until she tested positive. Everyone in the employer's house will now have to be put under quarantine. 

Chuang also said that since the infection developed within the 14-day quarantine period, the case has been classified as "imported."

Two other imported cases were reported today. One flew in from Pakistan, and the other, from the United States, and both tested positive at Hong Kong airport.

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The CHP official also confirmed that a quarantine order was issued for all asymptomatic residents of buildings 20, 22, 24 and 26 Reclamation Street in Jordan, after two more infections were found in the block.

A total of 27 residents there have been found infected.

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She said, “The safest and most effective way of stopping the infection is to evacuate the residents.”

This was because the buildings were interconnected and the communal places were shared by residents, mostly South Asians, who often mingled together.

More than 80 cases have been found in the Yau Tsim Mong area, where the Reclamation block is located

Chuang also said that more than 80 infections have been reported in the Yau Tsim Mong district in the past two weeks, particularly on Jordan Road, Temple Street, Canton Road and Woosung Street.

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Two of the new cases came from Shanghai Street, which is about 100 meters away from Reclamation Street.

Many residents in the area are said to be Nepalese who worked at two construction sites where a number of infections were reported in the past few days. The workers are suspected to have spread the virus to their families and friends in the neighborhood.


These worksites are at the Central Kowloon Route and the Tseung Kwan O-Lam Tin tunnel, which both accounted for two new cases each today. The TKO site now has 40 confirmed cases, while 22 other cases have been linked to the Central-Kowloon worksite.

Also today, residents at three apartment buildings have been ordered to take Covid-19 tests after at least two unrelated infections were discovered in each of them.

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In addition, residents in units 9 of one of the buildings, Yan Shek House in Kwai Chung, will have to move to a quarantine center from tomorrow.

The two other affected buildings are The Spectra in Yuen Long and 163-165 Shanghai Street in Yau Ma Tei.

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As of 9am today, there were 563 confirmed patients being treated in 25 public hospitals and the treatment facility at AsiaWorld Expo. Amohng them, 42 patients are in critical condition, 30 are serious, and 491 are in stable condition.

Hospital Authority’s Dr Sara Ho said one more patient passed away in the past 24 hours, raising the death toll in public hospitals to 157.

At the daily press briefing, Undersecretary for Food and Health Dr Chui Tak-yi gave an overview of the prevailing Covid situation.

He reported that between Dec 31, 2020 and Jan 6 this year, a total of 296 were recorded, of which 268 were local cases. From Jan 7 to 13, a total of 311 cases were recorded, of which 292 were locally acquired.

Cases with unknown sources accounted for 27% and 29%, respectively. Nearly a third, or 30% of all the patients in the past two weeks had no symptoms.

He advised the public to remain vigilant, as there has been no substantial decline in the number of cases.

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Ombudsman probes govt regulation of FDH boarding houses

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By Vir B. Lumicao 

The Ombudsman says there is no law that regulates FDH boarding houses such as this

The Office of the Ombudsman is seeking the views and suggestions of the public, including foreign domestic helpers, as it begins an investigation into FDH boarding houses and government measures to regulate these facilities
 
Ombudsman Winnie Chiu launched the probe today, Jan 14, citing extensive media reports last year on FDHs being infected with Covid-19 as they were forced to stay in boarding facilities while waiting for their new employment visas.

Problems relating to FDH boarding facilities, such as over-crowding, poor hygiene and suspected violations of building usage, were also uncovered due to the infections, said a statement issued by Ombudsman.

Some media reports brought to light the issue of possible illegal operations, as licensees of employment agencies had allegedly failed to obtain a relevant license or waiver before leasing out their premises as FDH boarding facilities.

Chiu said as FDHs are permitted to remain in Hong Kong for two weeks upon completion or premature termination of their contract, they need to stay in boarding facilities during this period.  Other FDHs also end up staying in boarding houses while waiting for the resolution of labor claims or other cases they file against their employers.

But Chiu said there is no legislation that regulates FDH boarding houses, and no relevant government department has established any mechanism for inspecting such facilities to check on their compliance with fire and building safety measures. 

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“Since the government permitted the importation of FDHs into Hong Kong in the 1970s, (they) have enjoyed statutory rights and have been protected by the standard employment contract prescribed by the government, including their entitlement to proper accommodation,” Chiu said.

She said many of these facilities are said to be in overcrowded commercial or residential buildings.

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“Whether such facilities comply with public safety requirements has aroused much concern. The government has a duty to ensure a reasonable living environment for FDHs working in Hong Kong as well as public safety,” the Ombudsman said.

“Against this background, I have decided to initiate a direct investigation to examine the regulation of boarding facilities for FDHs by relevant government departments, including the Labour Department, the Home Affairs Department and the Immigration Department, and make recommendations for improvements where warranted,” she said.

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Chiu invited the public, FDHs, concern groups and organizations to provide information and views on this topic. She said written submissions should reach her office by Feb 14.

They can send their submissions to:

Office of The Ombudsman
30/F, China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Fax: 2882 8149
Email: complaints@ombudsman.hk

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Bookshop manager fined $3k for taking cash left in ATM

Posted on 13 January 2021 No comments

By Vir B. Lumicao 

Another customer gave the $2k from the ATM dispenser to Bermillo, thinking it was hers

A Filipina bookshop manager was fined $3,000 in Eastern Court today, Jan 13, for taking $2,000 in banknotes its owner forgot at an automated teller machine booth (ATM) in Central two years ago.

R. Bermillo pleaded guilty to one count of theft by finding when she appeared before Magistrate Bina Chainrai before noon.

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The prosecution said that at 1:55 pm on Dec 11, 2018, Lau Sum-yi withdrew $2,000 from a Bank of China ATM in IFC Mall in Central. As she was in a hurry, she forgot to take the cash. When she returned a few minutes later, the money was gone.

She reported to the bank and a review of withdrawal records showed Lau withdrew $2,000 at the specified time but the ATM did not retain the money, the prosecution said.

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A review of the machine’s CCTV showed Bermillo first withdrew money at the ATM between 1:53pm and 1:54pm on Dec 11, 2018. Lau followed at 1:55pm. 

A man approached the ATM at 1:56pm and, seeing the money in the dispenser, turned around and called the attention of Bermillo. The defendant took the cash then withdrew money again between 1:57pm and 1:58pm on the same day.


The case was reported and, after further investigation, police raided Bermillo’s flat in Ap Lei Chau on June 8, 2020 and found the ATM card she used at the time. She was arrested but kept silent. She was charged on Nov 24 and first appeared in court on Dec 17.

Bermillo pleaded guilty but said the version of events read out to her were not accurate.

Chainrai ignored her claim, after ascertaining from the defense lawyer that Bermillo had admitted the facts.

But in mitigation, the defense lawyer reiterated Bermillo’s claim that she had seen the cash left behind in the ATM and put it aside, while she spoke to someone on the phone. When her attention was called to the money by the man who was about to use the machine, she took it and continued her phone conversation until she forgot all about it.

The lawyer said the defendant, 50, managed a branch of a popular bookstore chain. She had lived in Hong Kong for 26 years and has three grown-up daughters. He presented a letter to the court vouching for the defendant’s character.

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He asked for a fine, citing his client’s good character and this being her first offense.

Chainrai imposed the fine but warned the woman she could go to jail next time.


Govt rejects weekend lockdown for FDHs, says it could be discriminatory

Posted on No comments

By Daisy CL Mandap 

Law says there are far fewer FDHs who get infected compared to the general population

Hong Kong Labour Secretary Law Chi-kwong has slammed a proposal by a pro-Beijing Legislator for a weekend lockdown on foreign domestic helpers, saying this may amount to discrimination.

Law also said there was no basis for such a proposal as the infection rate among FDHs is far lower than that for the general public.

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Elizabeth Quat, who reiterated her proposal during today’s question and answer session at the Legislative Council, said there were 465 FDHs being infected with Covid-19, out of the city’s total cases of more than 8,000.

“That’s a high percentage,” Quat said.


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But Law disagreed: “We have to consider the law and the reason as well. If we just target FDHs it may be a question of discrimination. If we talk about reasons, the infection rate o FDHS is 0.055 percent, which is lower than the 0.01 percent for the general public. So there is no good reason for that.”

He also said that it did not make sense to impose a lockdown on FDHs as this would mean forcing them to also stay in their workplace.

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It's the second time that Quat has pushed for the weekend ban in Legco

Quat, a member of the Democratic Alliance for the Betterment and Progress of Hong Kong, has been pushing for the weekend lockdown since just after Christmas Day, when thousands of FDHs gathered in Tamar Park for their statutory holiday break.

At today’s LegCo session, she complained that FDHs have continued to gather on the weekends, despite appeals from the government for them to spend their rest day at home.

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"The government should have a lockdown order during the weekend for this particular group, because if you ask the employers to talk to FDH to stay at home, FDHs still go out," Quat said.

She said Hong Kong is “at a critical stage fighting the epidemic” so the government should adopt her proposed regulation.


Quat also claimed that “actually, employers are willing to shift rest days or give them extra pay so that they will stay at home, but it still doesn’t work.”

A random look at FDH chat groups would, however, show that many employers simply forbid their helpers to go out, using the spread of the virus as an excuse. Complaints made with the non-government groups like the Mission for Migrant Workers show that not a few helpers have been prevented from taking a day-off for months.

Statistics from the Department of Health should also show that most of the infected FDHs got the virus from their employers' houses, with only a handful having acquired it from boarding  houses where they were forced to stay while waiting for new employment visas.

FDHs gathered in Tamar Park, as many other locals did in other public places, on Christmas day

The Mission was among the first to hit out at Quat’s suggestion, calling it  “unsympathetic, discriminatory and exploitative.”

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In a statement issued on Dec 30, the Mission said: “It is very dangerous for Quat as a lawmaker  to put forward such a proposal to ban MDWs (migrant domestic workers) on their rest days.”

The Mission said such a call would not just fan the anxieties of people in Hong Kong, but would also result in a serious infringement of domestic workers’ human rights, and their rights under the standard employment contract.

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But Quat is not alone in putting pressure on the government to focus on FDHs as part of its anti-Covid measures.

Alice Mak from the Federation of Trade Unions has urged the government to test FDHs regularly, even as they already appear to be among the most tested groups in Hong Kong.

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Law replied that the administration needs to consider the availability of resources as well as the sustainability of such a move.

 

 

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