2 Filipinas jailed for illegal work in restaurant

By Vir B. Lumicao 

Immigration regularly conducts operations targeting illegal workers (File) 

A Filipina torture claimant was jailed for 15 months while a fellow Filipina who used to work as a domestic helper, was sentenced to two months in prison after they both pleaded guilty to violating their visa conditions by working illegally in a restaurant.

The defendants, Nora Gallardo and Joan Recuesto, were charged before Shatin Magistrate Jason Wan today, Mar 17, two days after they were arrested while doing illegal work in an unnamed restaurant in Tsuen Wan.

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The prosecution said Gallardo, 48, and Recuesto, whose age was not mentioned, were wearing the uniform of restaurant staff while washing dishes when the Immigration officers raided the restaurant at 1:52 p.m on Monday, Mar 15

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During an identity check, Gallardo showed an Immigration officer a recognizance form, which indicated she was not allowed to work in Hong Kong, whether paid or unpaid.

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The prosecution said she came to Hong Kong as a tourist in early 2016, overstayed and surrendered in March of that year. In September of 2016 she was issued a recognizance document after she applied for the right to remain as a torture claimant.

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The court was told she had a previous conviction for breach of condition of stay.

Recuesto, on the other hand, was a former domestic helper who had overstayed her visa for only 10 days when she was arrested. She came to Hong Kong in September 2019 but terminated her contract in February this year. She was not able to find a new employer and did not seek an extension of her visa.

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During mitigation, defense lawyer James McGowan said Gallardo came to Hong Kong and filed a torture claim to avoid her husband. After receiving news of her husband’s death, she wanted to fly home but could not afford a plane ticket, so she took a job.

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The lawyer pointed out that his client had pleaded guilty, in a bid to get a lighter sentence for her.

As for Recuesto, the lawyer said she is a mother with two children who are being looked after by her mother. He said that after she terminated her contract her employer did not give her a return air ticket so she had to work in the restaurant earning $60 an hour.

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Magistrate Wan said Gallardo committed a serious offense and sentenced her to 15 months in jail.

For Recuesto, he imposed a two-day jail term for her overstay and two months for having worked illegally, both sentences to be served concurrently.    

The Immigration Department has arrested dozens of illegal workers in recent months as part of its operation “Twilight” which targets foreigners who take up unauthorized work in shops, salons, restaurants and other businesses across the territory.

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Man fined $11k for operating unlicensed agency

By The SUN 

The offender offered to place a foreign domestic helper with complainant

A man was convicted and fined $11,250 at West Kowloon Court on Tuesday, Mar 16, for operating an unlicensed employment agency. The agency’s name and address was not disclosed.

The Labour Department said in a press release that it prosecuted the man after its Employment Agencies Administration received a complaint against him from an employer who was hiring a foreign domestic helper.

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The statement did not disclose what the complaint was about, but an investigation showed the man was operating an unlicensed agency. With the complainant willing to act as prosecution witness, the LD proceeded with the case.

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Under the Employment Ordinance which came into force on Feb 9, 2018, the maximum penalty for unlicensed operation of an agency and overcharging of jobseekers commissions was raised to a fine of $350,000 and/or imprisonment for up to three years.

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Following the man’s conviction, the LD reminded members of the public to deal only with licensed employment agencies. Agencies that operate without a license are liable to prosecution.

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“All establishments or persons operating a business in Hong Kong for the purpose of obtaining employment for another person or supplying personnel to an employer are governed by Part XII of the Employment Ordinance and the Employment Agency Regulations,” the department said in its statement.

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“Irrespective of the modus operandi or the types of jobs involved, all EAs must obtain a licence issued by the LD before undertaking any agency activities. Except for the licence holder or his associate, no one shall operate, manage or assist in the management of an EA. Offenders may face prosecution.”        

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The LD also reminded all employment agencies to fully comply with the law as well as the Code of Practice for EAs, as failure to do so may lead to prosecution and/or revocation of licence. 

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To check the list of licensed employment agencies, follow this link: https://www.eaa.labour.gov.hk/en/disclaimer-search.html

For enquiries or complaints about unlicensed operation or overcharging of commissions by agencies, contact the EAA at 2115 3667 or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.    

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No policy of family separation, says CE, as kids join infected US consulate staff in hospital

By Daisy CL Mandap 

CE Lam says no hardline taken towards parents and young kids affected by pandemic

Chief Executive Carrie Lam has firmly rejected allegations that her government has been separating babies from their mothers as a result of strict coronavirus rules that dictate that all those found infected are taken to hospital in isolation, while close contacts are moved to quarantine centers.

Speaking ahead of the weekly Executive Council meeting today, Mar 16, Mrs Lam said, “We have no policy to deliberately separating children from parents, but public health considerations have to be respected because it’s good for the community at large.”

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She made her remarks in the wake of media reports that the strict government regulations have led to babies who tested positive for Covid-19 being separated from their parents, who are in turn moved to quarantine centers. The same happens when it is the parents who test positive, and the babies are deemed as close contacts.

As an example of the government’s more humane approach to such a difficult situation, Lam cited the case of two young daughters of two staff members of the United States Consulate found infected with the virus to join their parents in a public hospital where they were moved for isolation and treatment last night.

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But the top official quickly added that the arrangement was made because of “family circumstances”, and not because of preferential treatment given to the parents because of their status as consulate staff.

“I have to say that in such an important matter as public health control, we are acting in strict accordance with the law, and everybody is treated equal before the law, regardless of race, status or identity, whether they are more resourceful or less resourceful,” she said.

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The two US Consulate staff, one male aged 40 and female aged 41, were among 18 confirmed cases reported today.

They were asymptomatic, but tested positive during the overnight lockdown starting Sunday of Dynasty Court on Old Peak Road where they live. One of their daughters tested preliminary positive for the virus, said Lam.

The US Consulate has been put under compulsory testing order

In line with local regulations, the US Consulate General was closed yesterday for deep cleansing, while a compulsory testing order has been issued for those who had been to the premises for more than two hours from Mar 2 to 15.

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“The Centre for Health Protection will do extensive tracing of the whereabouts of these confirmed cases working in the American consulate, [both] within the workplace and outside of the workplace,” said Lam.

Also among the local cases was a family of four who live at the police living quarters in Ho Man Tin, made up of  a 38-year-old man, 41-year-old woman, and two girls aged 10 and 11.

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Another positive case involved a 38-year-old man who works as an information technology engineer at the HSBC headquarters on Queen’s Road Central. He developed a runny nose on Mar 10 and continued working until Mar 15, when his test result showed he was infected.

There were five imported cases, including a 26-year-old Filipina domestic worker who flew in on Mar 3 aboard a Philippine Airlines flight PR 300 from Manila, and tested positive on her 12^th day in hotel quarantine.

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The others were a 29-year-old male air crew from Ukraine, a 25-year-old man from Turkey, and two Pakistani residents, one 22-year-old female and a 64-year-old male.

The new cases brought Hong Kong’s total Covid-19 tally to 11,330.

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2 Filipino stabbing victims set to identify attacker

By Vir B. Lumicao

 

A photo taken by an onlooker after the stabbing and posted on Facebook

Two Filipino men who suffered serious wounds after being stabbed at Edinburgh Place in Central on Jan 30 have been released from hospital after giving their statements to the police.

They are also set to identify their attacker in an identification parade to be conducted by police investigators, the prosecution said in Eastern Court today, Mar 16.

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The prosecutor briefed the court as the suspect, 35-year-old domestic helper Mark Gregor G. Baldomaro, appeared before Magistrate Peter Law for an update on his case.

He is facing two counts of wounding for the attacks on Tirso Fernandez Jr, 36, and his friend, Reginald M. Aguilar, 33. He was arrested on Jan 31 in Central. 

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Doctors at Queen Mary Hospital in Pok Fu Lam who treated Fernandez and Aguilar said their wounds are healing, the prosecutor said. 

Fernandez was said to have sustained a stab wound in his abdomen while Aguilar was hit in his chest and abdomen, prompting the doctors to keep him in the intensive care unit longer than the other victim.

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Prosecutors asked for a four-week adjournment of the case, saying they still need to obtain medical reports on the two alleged victims.

They also opposed the granting of bail to Baldomaro, who glanced from time to time at the gallery where his wife, co-workers and friends sat as they attended his hearing for a second time.

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However, the defense lawyer said his client was not applying for bail and did not object to the adjournment, which Magistrate Law scheduled for Apr 13.

In the meantime, the magistrate ordered the defendant to be remanded in custody.

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The prosecutor said Baldomaro worked for the same employer as his wife at The Leighton Hill on Broadwood Road, Happy Valley. He and fellow driver Fernandez know each other while both their wives work as domestic helpers.

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In the previous hearing on Feb 2, the prosecution said investigators were still trying to determine the type of weapon used and the motive for attacks.

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Filipina helper charged in court with aborting pregnancy

By Vir B. Lumicao 

The defendant was not asked to enter a plea when she appeared at Eastern Court

A 30-year-old Filipina domestic helper was charged in Eastern Court today, Mar 16, with illegally taking pills to cause her own miscarriage in her employer’s house in North Point.

B.S.C., who worked for a family at Ko Fung Court, Harbour Heights, appeared before Magistrate Peter Law. No plea was taken.

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The prosecution did not say when she was arrested, but the charge sheet said the defendant “unlawfully administered a poison or other noxious thing with intent to procure (her) own miscarriage” last Saturday, Mar 13.

Procuring a miscarriage by administering a poison is contrary to section 46 of the Offenses Against a Person Ordinance, Cap. 212 , of the Laws of Hong Kong.

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The prosecutor said the offense was discovered by the defendant's employer, who called the police.

Magistrate Law adjourned the case until Jun 8 at the request of the prosecution, who said they will submit the aborted fetus to a DNA test to determine its age.

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The prosecutor said it would take three months to wait for the DNA test results and for investigators to examine the defendant’s cell phone to find out how she obtained the poison.

The defense lawyer said the helper was fired by her employer after the incident and had nowhere to go as the employment agency that deployed her would not allow her to stay in its shelter.

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The lawyer also said her client had admitted the offense to investigators.

Although she had no bail application currently, the defendant wanted to keep her right to a bail review every eighth day, her counsel said.

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Magistrate Law adjourned the case until Jun 8 and remanded the defendant in custody. But he set a hearing for bail review on Mar 23.

Filipina workers who need advice on unwanted pregnancies could consult Social Welfare Attaché Lucita Villanueva at the Consulate, 14/F United Centre, Admiralty. She can also be reached at 2823 8537 or 2823 8502.

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Those who need help in managing their pregnancies could contact the PathFinders, a charitable organization that looks after the welfare of migrant mothers and their children (see poster above). PathFinders can be contacted through its hotline, +852 5190 4886, or email info@pathfinders.org.hk. 

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Sentencing of confessed rapist postponed to Apr 12

By Vir B. Lumicao 

The Filipino defendant will be sentenced at the High Court

A Hong Kong-born Filipino man who has pleaded guilty to a charge of raping a Filipina early last year in Lantau will be sentenced at the High Court on Apr 12, pending a psychologist’s report.

Mark Angelo Roxas admitted the rape charge last November in Eastern Court, and was scheduled to be sentenced Monday, Mar 15, in the Court of First Instance. 

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But Judge Douglas Yau in the Court of First Instance decided to postpone the sentencing after asking Roxas some questions which he said could have a bearing on the case.

In particular, the judge asked the defendant if he was related to the victim, and the defense lawyer said she is a cousin of the wife of Roxas’ brother. The judge replied that the victim was therefore an “in-law” of Roxas.

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Yau also asked whether Roxas’ family was capable of paying compensation to X, but his lawyer said no, especially since the pandemic has hit the family’s finances.

The lawyer said Roxas, who was earning only the equivalent of $7,500 at the time of the offence, was supporting his mother, his long-time partner and their son, who are in the Philippines. He was working in Macau at the time and only came to Hong Kong for visits.

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In fact, the lawyer said Roxas’ mother wanted to come to Hong Kong for the hearing but couldn’t afford to travel.

Judge Yau remanded the defendant in custody until the sentencing.

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Roxas admitted raping the victim on Jan 31 last year, following a party at her house in Lantau during which she served alcohol to her guests. Also at the party were the family members of Roxas’ brother and some friends.

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At about 5am that day, Roxas went inside the victim’s unlocked bedroom and raped her as she lay sleeping on her bed. The woman followed Roxas outside afterwards and hit him with a frying pan while shouting for him to go away.

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Roxas’ brother who was awakened by the noise got up and pursued the defendant as he fled. The brother then reported the incident to the police and the defendant was arrested.

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Covid test sa Central

Dinala ng HK ang Covid-19 swab test sa Chater Road sa Central.. 

https://www.facebook.com/watch/?v=1743380622509014