Filipina DH jailed 1 year for stealing $150k worth of jewelry from longtime employer

By Vir B. Lumicao 

The helper's haul included 13 pieces of gold ornaments

A Filipina domestic helper was sentenced to a year in prison today, Mar 17, in Shatin Court after she pleaded guilty to nine charges of stealing two diamond rings and gold ornaments valued at $150,000 from her employer.

Rhea Mae Fernando, 31 and single, wiped off tears as Magistrate Jason Wan imposed  the sentence, saying the defendant’s offense was a very serious breach of trust that caused a huge monetary loss to her employer.

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Fernando was accused of stealing two diamond rings valued at $60,000 and 13 gold ornaments worth a total of $90,000 that her male employer, Yu Tin-sang, locked in a steel safe in a flat at Fung Yue House, Sui Wo Court, Shatin.

The theft happened between December last year and February this year.

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The prosecution said that Yu, 39, the Filipina’s employer since 2015, last checked his jewelry in early November last year and saw that the two diamond rings and 13 gold ornaments were still there. He hid the keys in his wardrobe.

When Yu checked his safe again on Feb 15, he noticed that the rings and gold ornaments were missing. The employer confronted Fernando about the missing jewelry and the latter admitted that she had taken them and pawned them.

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Yu reported the theft to police and the helper was arrested at 2:30pm on Feb 15.

In a video-recorded interview, Fernando admitted she took the jewelry and pawned them.

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A house search was then conducted and 10 pawnshop receipts were found. They were issued by Maxi-Cash, Shing Fung, Shing Hing and Shui Cheong pawnshops.

Further enquiry showed that Fernando pawned the 13 gold ornaments on 10 occasions between Dec 6 last year and Feb 14 this year at the four pawnshops for a total of $50,200. The prosecution said their value was $90,000.

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The two diamond rings were not recovered.

The stolen items were broken down into nine charges as follows:

·       Charge 1 – two diamonds rings worth $60,000 stolen between mid-Nov 2020 and Feb 15, 2021

·       Charge 2 – two gold ornaments stolen between mid-Nov and Dec 6, 2020 and pawned for $12,200

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·       Charge 3 – two gold ornaments stolen between mid-Nov and Dec 13, 2020 and pawned for $3,400

·       Charge 4 – one gold ornament stolen between mid-Nov and Dec 30, 2020 pawned for $5,200

·       Charge 5 – one gold ornament stolen between mid-Nov 2020 and Jan 3, 2021 and pawned for $7,000

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·       Charge 6 – two gold ornaments stolen between mid-Nov 2020 and Jan 24, 2021 and pawned for $6,000

·       Charge 7 – two gold ornaments stolen between mid-Nov 2020 and Jan 25, 2021 and pawned for $11,500

·       Charge 8 – one gold ornament stolen between mid-Nov 2020 and Feb 1, 2021 and pawned for $1,200

·       Charge 9 – two gold ornaments stolen between mid-Nov 2020 and Feb 14, 2021 and pawned for $3,700 

The Shatin Magistrate convicted the helper of 9 counts of theft

Magistrate Wan convicted Fernando on all nine charges.

In mitigation, defense counsel James McGowan said the defendant who was on her third contract with Yu, needed money badly when her father fell ill and the family racked up a huge debt for his medical expenses.

Yet her father died, leaving Fernando to tackle the debts while supporting the family.

Wan said he considered Fernando’s guilty plea, her being unable to compensate the victim for his monetary loss, her remorse and all other circumstances before handing out the discounted sentence on the helper.

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Policeman tests positive for Covid-19 after Sinovac jab

By Daisy CL Mandap  

Police and other security personnel were in the 2nd priority group for the vaccine 

Health authorities have dismissed concerns that the coronavirus vaccine from Sinovac is ineffective after it emerged that a police officer who tested positive yesterday along with three members of his family had been inoculated two days earlier.

“This case has nothing to do with vaccination,” said Dr Chuang Shuk-kwan from the Centre for Health Protection, who reported 11 new Covid-19 cases today.

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According to Chuang, the policeman and three members of his family had met on Mar 7 with a kid from Kowloon Tong Primary School who was found infected subsequently.

On Mar 12, the officer took the Sinovac jab, and on Mar 14, he and his family members tested positive for Covid-19 after being tagged as close contacts of the initial case.

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Chuang said “it was possible that he was already infected when he was vaccinated,” pointing out that the family had been exposed to the earlier case days before the inoculation.

“We believe that they had already been infected when tested on Mar 14^th, only two days after the first dose of the vaccine,” she said.

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She added the CHP does not consider the vaccine “ineffective” because it takes two doses before the inoculation is completed. And even after that, there should be another two weeks’ wait before the vaccine gains full efficacy.

But in any event, she said the panel of experts commissioned to look into possible side-effects of vaccines will be asked to make a “causal assessment” of the case.

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Of the new cases today, six were linked to previous infections. Five were traced back to the outbreak at Ursus Fitness in Sai Ying Pun, which according to Chuang, now has a total of 132 cases: 7 staff, 87 customers and 38 close contacts.

The girl's parents tested positive during a lockdown of Dynasty Court on Old Peak Road

The sixth linked case was that of three-year-old daughter of a couple who works at the United States Consulate. Her parents were declared as confirmed cases yesterday, one day after being tested during an overnight lockdown of Dynasty Court on Old Peak Road where they live. All of them were asymptomatic.

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As a concession to their family circumstances, the couple was allowed to bring their two young daughters with them to hospital last night when they were admitted for isolation and treatment.

But after their cases were confirmed, the US Consulate was closed for disinfection and was put under a compulsory testing order. The same order was issued for the Woodland and Montessori pre-school on Caine Road where the girl was a student.

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Three of the new cases were imported, including two Filipina domestic workers, aged 31 and 39, who both tested positive on their 12^th day of hotel quarantine. The third patient is a 49-year-old man who came from Bulgaria, and was also found infected on his second test.

None of them had the highly infectious coronavirus variant.

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The two cases with unknown sources included a 27-year-old male bartender at Mr Brown in Wanchai, and a 57-year-old housewife in Homantin.

Hong Kong’s total Covid-19 tally is now 11,341 with 287 patients still being treated in 24 public hospitals and the treatment facility at North Lantau Hospital.

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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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