Phl, Indo urge HK to let helpers waiting for visa join new employers

By Vir B. Lumicao 

CGs Tejada (left) and Suhendar were received by Asst Ombudsman Tse

The Philippines and Indonesia have jointly urged the Hong Kong government to allow foreign domestic helpers to stay with their new employers while waiting for the approval of their working visa to decongest boarding houses.

Alternatively, Immigration and other relevant departments should speed up the visa approval process and resolution of labor and other cases involving the workers, the two largest FDH-sending countries to Hong Kong proposed.

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These were just two of the eight proposals in a joint demarche (petition) submitted by the Philippine and Indonesian Consulates General to the Office of the Ombudsman this morning, Feb 11, in response to its call for submissions on  how boarding houses should be regulated.

Consul General Raly Tejada and his Indonesian counterpart, Ricky Suhendar, also called for “periodic and regular inspection” of boarding houses for FDHs here, saying these facilities are “substandard” and pose health and safety hazards.

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Their other proposals include:

Tejada handing over the joint demarche to Tse

·       Subsidizing employment agencies to improve their boarding facilities for FDHs or directly subsidize FDHs to rent other facilities;

·       Appealing to employers to rotate the rest days of FDHs, with employment agencies providing a “substitute worker” when the FDH takes her day off.

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·       Opening designated leisure and sport facilities to FDHs

·       Calling on HK government to sponsor training programs for FDHs.

·       Strict enforcement of laws and regulations benefiting FDHs.

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The opening statement in the demarche read: “We, the Consulates General of the Republic of the Philippines and Republic of Indonesia, wish to bring to the attention of the Office of the Ombudsman of Hong Kong the substandard condition of boarding facilities for foreign domestic helpers …some of which are overcrowded, unsanitary and thus posing a hazard to their health and safety.”

“We are deeply concerned that a vulnerable community, such as the FDHs, has to live under these difficult circumstances, particularly during the Covid-19 pandemic.”

Assistant Ombudsman Sara Tse received the joint petition from the two consuls general on behalf of Ombudsman Winnie Chiu at around 11:15 this morning, said Consul Paulo Saret, who was also present during the call.

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The submission was made today to beat the Feb 14 deadline set by the Ombudsman, which happens to fall during the Lunar New Year.

11 FDHs who stayed in a boarding house in this Tai Po building tested positive for Covid-19

Ombudsman Chiu announced the inquiry on Jan. 14, citing media reports earlier on FDHs being infected with Covid-19 as they were forced to stay in cramped boarding facilities while waiting for their new employment visas.

In the latest outbreak in a boarding house in Taipo, at least 11 FDHs were infected, along with four members of an employer’s family.

In a statement, Chiu said overcrowding, poor hygiene and suspected violations of building usage have been uncovered in some of the temporary lodging facilities.

Chiu invited the public, FDHs, concern groups and organizations to submit their views on the matter within a month, as she conducts a probe on what relevant government agencies have done to improve the state of boarding houses here in the absence of industry regulation.

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Immigration, Labour can’t waive live-in rule, says High Court

By Vir B. Lumicao 

Fernandez, like the FDH in this photo, moved to PathFinder's shelter after giving birth

A Filipina domestic helper and her 20-month-old baby’s quest for a judicial review of the Labour Commissioner and Immigration Director’s refusal to grant them a “waiver” of the live-in requirement was rejected by the High Court today, Feb 10.

Judge Anderson Chow ruled that applicants Yvette D. Fernandez and her daughter, Eloisa Valerie, were wrong in saying that the Commissioner and/or the Director have power to grant a waiver of the policy that covers FDHs.

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Fernandez, who was born in Hong Kong in 1994  but was brought to the Philippines a year later, came back here on Aug 5, 2018 to work as a FDH for Law Wai-yin.

The Filipina discovered she was pregnant in December 2018 and informed Law in May 2019.  She told her employer that she planned to give birth in Hong Kong, then take her baby to the Philippines when she started her maternity leave, before returning to continue working for Law.

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After giving birth on Jun 10, 2018, Fernandez was told by Law that she and her husband wanted her to spend her maternity leave in their house minus the baby, citing the live-in clause in their contract.

Instead of complying, Fernandez decided to stay with her baby in a shelter run by PathFinders, a Hong Kong charity helping migrant mothers and babies. On Mar 16 last year, the mother and her child departed Hong Kong.

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In the meantime, she sought help from the Immigration director and the Labour Commissioner to seek a waiver of the live-in clause in her contract so she could live with her baby outside Law’s home, but both refused.

On Oct. 29 last year, Fernandez and her baby applied for leave for judicial review against the decision of both the Immigration Director and the Labour Commissioner not to provide a waiver of the live-in policy in her case.

The High Court says the live-in policy rule is part of an agreement between the helper & her employer

In rejecting the application, Chow said the live-in policy is a contractual undertaking between the helper and the employer, which the Immigration Director has no power to vary.

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“Although the Director has power not to enforce such undertaking, he has no power to waive the live-in requirement in so far as it operates as a contractual obligation on the foreign domestic helper vis-à-vis her employer,” Chow said.

The judge also said that while the Labour Commissioner may consent to a variation of Clause 3 of the Standard Employment Contract which provides for the live-in rule, such consent cannot free the helper from the requirement without the employer’s agreement.

Judge Chow said the application for leave for judicial review is based on a false premise, and the intended application for judicial review has no realistic prospect of success. 

However, he stressed that his dismissal of the application did not signify the court’s approval of the government’s live-in policy.

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Experts say Sinovac’s vaccine safe, but makers must give more data

By Daisy CL Mandap 

Panel convenor Lau says Sinovac has been asked to supply more data in 2 weeks

A panel of experts says it is convinced that the Covid-19 vaccine produced by mainland drug company Sinovac is safe, but says it is still waiting for more data more data from the manufacturer.

Panel convenor, Prof. Wallace Lau, said at a press conference earlier today, Feb. 10, that the experts consider CoronaVac to be “safe and effective.”

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However, Lau said the panel would like to get more information about the vaccine, specifically on whether its second dose should be given after 14 days or 28 days, and whether antibodies would be created after the injection.

He said Sinovac has been asked to submit the requested data within the next two weeks, before the panel decides whether to recommend the use of its vaccine in Hong Kong.

CoronaVac was supposed to be the first vaccine to be used in HK

Lau played down concerns that CoronaVac would be approved for use in Hong Kong despite its failure to have the results of its late-stage clinical trials published in a medical journal.

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 He said the panel is made up of 12 experts who based their decision on scientific data, including those from Sinovac’s clinical trials in Brazil, Turkey and Indonesia.

 After meeting for three hours earlier, all members reportedly agreed that the level of safety of the vaccine was “acceptable”. This was despite clinical trials in Brazil showing the vaccine to be just 50.65% effective.

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CoronaVac was the first vaccine secured by Hong Kong, and should have arrived last month. But the manufacturer’s failure to submit the required data led the government to postpone its procurement of 7.5 million doses of the vaccine.

The vaccine that is now likely to arrive first is the one supplied by Fosun Pharma, BioNTech, which is made in Germany. The first of the 7.5 million doses ordered by Hong Kong is expected to arrive end of this month.

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Another vaccine procured by Hong Kong, AstraZeneca, is scheduled to come in the second half of the year.

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Govt says venues will reopen & gathering rules relaxed after holidays

By Daisy CL Mandap 

Dr Chan (4th from left) led the briefing of health officials

Secretary for Food and Health Sophia Chan has confirmed plans to relax the stringent social gathering rules after the Lunar New Year, saying the easing of restrictions will start on Feb 18, barring unforeseen events like a new surge in Covid-19 cases.

Chan made the announcement today, Feb. 10, as the Centre for Health Protection announced a new low of 17 cases in the latest wave of coronavirus infections, all of them locally acquired.  Fewer than 20 preliminary positive cases were reported.

Yesterday, Chief Executive Carrie Lam first brought up the plan to ease restrictions, citing the drastic reduction in the number of coronavirus cases.

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Among the measures being planned are the reopening of venues like bars, gyms, theme parks, cinemas, theatres, and other amusement centres. Indoor sports facilities are also on the list, following yesterday’s move to reopen outdoor sports venues.

Social distancing measures will be relaxed to allow up to four people to gather and dine together in public, from the current limit of two to a group. Dine-in services will be extended, from 6pm to 10pm.

However, all diners will be required to download the LeaveHomeSafe tracing app or have their personal information recorded before being allowed in.

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Business establishments, on the other hand, will be required to ensure better ventilation in their premises. Their staff will also have to be tested every 14 days, with the first one to be done within seven days before the expected reopening of Feb 18.

Bars are among those that will reopen, but it's not clear if live music will resume

Chan also said all public services will resume in full on the same day. 

“If we don’t see any huge changes (in the number of coronavirus cases), we will seek approval from the Executive Council,” she said.

Chan hailed the government’s recent effort to step up its anti-virus campaign a success, citing figures showing that the number of infections dropped to 30 per day over the past week, compared with 75 at the peak of the latest wave on Jan 24.

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She also said the ambush lockdowns, or what are officially called RTDs or Restricted Testing Directive, succeeded in pinpointing hidden infections, thus preventing their further spread in the community.

“Based on the current trend, after Chinese New Year, we hope to get back on our feet,” she said.

But to ensure plans do not go awry, she reiterated a call on people not to let their guards down during the coming holidays.

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 “Stay at home to reduce social gatherings.  If there must be family gatherings, wear masks and do not dine together,” she said.

People are advised to avoid gathering and eating together during Chinese New Year

Among the new cases, 13 were linked to previous cases while four were untraceable.

Two confirmed patients passed away during the past 24 hours. First to succumb was an 87-year-old male patient who was declared dead at about 7pm last night at Queen Elizabeth Hospital. The second was 88 years old, female, who passed on at Kwong Wah Hospital earlier today.

As of 9am today, 450 confirmed patients were being treated at 24 public hospitals and the treatment facility at AsiaWorld Expo. They include 22 who are in critical condition, 21 in serious condition, and the remaining 407 in stable condition.

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Indon DH, four Indians among 26 new coronavirus cases

by Vir B. Lumicao 

The Indonesian tested positive on arrival, and the Indians, while in quarantine

Hong Kong health officials confirmed 26 new coronavirus cases today, Feb. 9, including five imported cases comprising an Indonesian domestic helper and a family of four who arrived from India.

A Health Department staff said the Indonesian helper, 36, arrived from Jakarta on Feb 7 and her specimen taken at the airport was found positive of coronavirus yesterday.

The Indian family, who arrived from Mumbai on Jan 27, were made up of two women aged 43 and 33, and two men, aged 35 and 4. They were on their 12^th day of quarantine at L’Hotel Island South in Aberdeen when they were found infected.

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In today’s press briefing, Dr Chuang Shuk-kwan from the Centre for Health Protection said the new patients were 16 men and 10 women aged five months to 75 years.

The new cases lifted the total tally of infected people in Hong Kong to 10,694.

Another confirmed patient passed away today. The death of the 82-year-old female patient at Prince of Wales Hospital in Shatin raised the fatality toll to 181.

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Chuang said more than 20 preliminary positive cases were recorded.

Of the 21 local cases, 16 were linked to previous infections while five had unknown sources, including a homeless person.

Nine confirmed cases have been found so far in Wai Lee Building

Chuang said three more residents of Wai Lee Building in Quarry Bay have tested positive, while another two tested preliminary positive. So far, nine residents of the block have been found infected.

They include a 17-year-old female resident whose source of infection is unknown. The woman developed symptoms starting Feb 5, and was found to have the virus after undergoing compulsory test when the building was locked down Sunday night.

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Chuang said the patient was not among residents of Unit 04 flats at Wai Lee who were moved to a quarantine center after a health expert found evidence of vertical transmission in the building. She tested preliminary positive Monday following the lockdown.

The other four with unknown sources live on Block 1 at Laguna Verde in Hung Hom, a building at 101 Nam Pin Wai Road in Yuen Long, a homeless man at Tung Chau Street Park, and a resident of On Tai Rehabilitation Centre in Kwun Tong.

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Chuang said some 40 residents and 30 workers at the rehabilitation center were sent to quarantine camps while others would be subjected to compulsory testing.

Three more buildings where at least one infection was recorded were issued compulsory testing notices today. These are Sheung Hing House at Upper Ngau Tau Kok Estate, Mei Ying House at Shek Kip Mei Estate, and Yan Chi House at Tin Yan Estate in Tin Shui Wai.

Dr Lau Ka-hin, a chief manager at the Hospital Authority, said that as of 9am today, a total of 474 confirmed patients were confined in 24 public hospitals and at the AsiaWorld Expo treatment site. Among these, 24 patients are in critical condition, 23 in serious condition and the remaining 427 patients in stable condition.

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CE says social distancing rules may be relaxed after Lunar New Year

By Daisy CL Mandap 

CE Lam says it's hoped HK will return to normal after Chinese New Year

Chief Executive Carrie Lam says the government hopes the situation in Hong Kong will “go back to normal” after the Lunar New Year, amid signs the latest coronavirus outbreak in the city has subsided.

Speaking ahead of the start of the Executive Council meeting this morning, the top official said some businesses that were told to close as part of anti-epidemic measures could reopen, but did not say what these are.

Among those to be shut first were the bars, karaokes, gyms and other places where close interaction among guests and staff was unavoidable. Also closed down were amusement parks, theaters, beaches, and other venues that attract large crowds.

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But Lam said her first concern was to resume classes, saying she was told by experts that the lack of face-to-face interaction during studies has a big impact on students.

“After the Chinese New Year holidays we do hope that Hong Kong will start to get back to normal. I would also like to add that you should not feel disheartened. Since the last outbreak happened in late November…it’s been over two months…the situation has been quite turbulent, but we have seen signs that the outbreak is subsiding,” she said.

 

The CE advises people to avoid gathering, even for family events, during the Lunar New Year

The CE pointed out that the number of new cases in the past week had gone down to an average of 26 per day, which she described as “a low two-digit level.” The average number of untraceable infections also fell to just seven a day.

Another sign of the easing of infection was the drop in the reproductive rate of the virus, which pertains to how many other people a patient was likely to infect. From more than 3 persons per patient, it is now down to 0.6.

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Lam also pointed out that during the ambush lockdowns that started two Sundays ago, more that 24,000 coronavirus tests were carried out among residents, and only four positive cases had been identified, which she said, was “actually a good sign.”

She said the lockdowns – officially referred to as RTDs or Restriction Testing Declaration – will not be conducted over the upcoming holidays.

Barring unforeseen events, she said “we will not do any RTD operation during the Chinese New Year holiday.”

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Still, she reminded people not to let their guard down, to reduce their activities outside including family gatherings, and to always wear masks.

At the same press briefing, the CE said a Hong Kong citizen who holds a second passport will  not be given consular protection by the other government while he/she is in the SAR, in line with the provisions of the Vienna Convention.

“If that particular person is in one of the places or countries (where) he possesses one of his national status, then he will not be eligible for this sort of consular protection including consular visits,” she said.

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Lam added the China’s National People’s Congress decided way back in 1996 that dual nationals would be regarded as Chinese citizens in Hong Kong after the handover, regardless of whether they hold a second passport.

Her remarks came after the British consulate said it may not be able to extend help to people who hold both British and SAR passports while they’re in Hong Kong.

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