Justice elusive for family of Filipina who fell to death in Shenzhen

By Vir B. Lumicao 

Lorain's death renewed calls to stop employers bringing their helpers across the border

Nearly four years after Filipina domestic helper Lorain Asuncion fell to her death in the southern Chinese city of Shenzhen, her family’s search for justice has gone nowhere, as her employers cannot be found.

Only a little money may be in store for her relatives, after an insurance company from which the employers had taken cover for the 28-year-old worker agreed on mediation to settle claims filed as a result of her death.

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This was disclosed today, Mar 26, by a lawyer representing the family of Asuncion, whose badly injured body was found in a flower bed outside a building at the Vanke No.5 Garden residential estate in Shenzhen on July 24, 2017.

Three autopsies conducted on her remains concluded that there was no foul play involved, indicating suicide.

Evelyn Tsao, a partner at Patricia Ho & Associates law office in Wanchai, said Asuncion’s Chinese male employer Gu Huaiyi is no longer at his contractual address at 10B, One Silversea, Tai Kok Tsui, Kowloon and at his known addresses on the mainland.

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Tsao was assigned by human rights lawyer Patricia Ho as the solicitor in charge of the civil claims filed on behalf of Asuncion’s family at the District Court.

Tsao says an insurer has agreed to mediation to settle the claim

Tsao said Blue Cross Insurance HK, the insurer, is agreeable to mediation. She said the law firm had plans to seek compensation from the Employees Compensation Assistance Fund Board but before they could go to the Fund Board, the insurer said it would defend the proceedings. Just very recently Blue Cross suggested mediation because they are inclined to settle the case, Taso said.

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This was the same reason given by the Hong Kong Labour Department when it declined to investigate Asuncion's death.

Tsao said she could not say yet how much how the settlement would amount to, as the parties have yet to agree on a date for mediation.

Earlier, Ho said that the case was moving towards mediation, with a still undetermined amount to be paid to Asuncion’s beneficiaries to settle the claim.

She said the money would likely come from the Employees Compensation Assistance Fund, which covers payments relating to work-related injuries or death which a court may rule as payable by employers, as well as legal costs.

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“But there would be no justice for Lorain as her employers cannot be found to take responsibility for her death,” she lamented.

Ho laments that justice won't be served Lorain until her employers are found

Asuncion’s sister Jenevieve A. Javier echoed Ho’s sentiment. She said in a message to The SUN that the employer should have at least appeared in court to show good faith, instead of fleeing from his responsibility.

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On July 23 last year, the third anniversary of Asuncion’s death, the District Court issued summons to Gu in his last known address at One Silversea, after he ignored several notices for hearings. But he never responded.

Gu, then 47 years old, was arrested by the police shortly after Asuncion’s death in 2017, along with his  32-year-old wife surnamed Liu. But they were later released, with the police citing “lack of evidence” to support a charge against them.

(For more insight into this case, please read: https://www.sunwebhk.com/search?q=lorain

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Record 9,838 infections push up Philippines' active Covid-19 cases to 109k

By The SUN 

Philippines' record daily tally today (CNN graphic)

A second consecutive record tally of 9,838 infections was recorded in the Philippines today, Mar 26, bringing the total number of Covid-19 cases to 702,856. Yesterday’s daily toll of 8,773 was also a record.

Of the total tally, the number of active cases was also at a new high of 109,018, or 15.5% of the total.

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Recoveries for the day numbered 663, pushing the total to 580,689 (82.6% of all cases).

Fifty-four new fatalities were recorded, which raised the death toll to 13,419 (1.87%).

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Most, or around 50% of the new cases, were recorded in the National Capital Region. Quezon City tops the list of cities with the most number of active cases, at about 7,800.

Amid the continuing surge in cases, the Department of Health said it was facing a shortage of drugs used to Covid-19 patients. Occupancy rates for isolation beds in Metro Manila are at a critical level, so hospital are being asked to increase their allocation for Covid-19 patients.

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However, the National Task Force for the coronavirus eased an earlier ban on church gatherings in the NCR Plus bubble (including Cavite, Laguna, Rizal and Bulacan) by allowing up to 10% capacity in churches from Apr 1 to 4.

The government will also allow 24 tertiary education institutions to conduct limited face-to-face classes in the second semester of the current academic year.

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Meanwhile the controversy over certain people being allowed to jump the queue for vaccines currently reserved for medical frontliners. The DOH said only health workers are allowed to be included in the “substitution list” which the Paranaque city government used to justify giving the jab to actor Mark Anthony Fernandez.

Nearly 500k OFWs have returned home after losing their jobs, says OWWA

Health Secretary Francisco Duque III told lawmakers that he will push for overseas Filipino workers to be moved up in the inoculation priority list by six spots.

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He made his statement as OWWA Administrator Hans Cacdac revealed that about 492,000 OFWs have been repatriated since the start of the pandemic last year. Of these, 450,000 reportedly received the Php10,000 “Akap” relief fund for OFWs affected by Covid-19.

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4 Filipina DHs among 7 new imported cases found with coronavirus variant

By Daisy CL Mandap

The 4 infected Filipinas all flew in on Mar 23 but on two separate flights

Four more Filipina domestic helpers who recently arrived from the Philippines were among seven new imported cases found to have the coronavirus variant, according to health officials today, Mar 26.

Dr Albert Au from the Centre for Health Protection said there were a total of 11 cases, eight of them imported and three locally acquired.

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Only one local case was untraceable, and it involved a 38-year-old Japanese flight attendant who visited the GO24 fitness center on Wharf Road, North Point, a couple of times during the incubation period, sparking fears of another gym outbreak.

Au said 20 people who attended her pilates and yoga classes at the gym along with four staff have been classified as close contacts, and will be sent to quarantine centers. About 500 people who had visited the gym at the same time as she did were notified to undergo testing.

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Residents of the subdivided flat in Causeway Bay where the woman lives will also be sent to quarantine centers, as they’ve been classified as close contacts. So far, seven have already been identified.

The patient, who had not flown since November, reportedly spent much of her time either at home or in the gym. But she also had coffee at Pacific Coffee in Sheung Wan and ate at a Shake Shack shop.

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During questioning, Au also said the patient had a BioNTech jab at the Sun Yat Sen clinic in Sai Ying Pun on Mar 15. She developed a sore throat on Mar 18, followed by loss of sense of smell, but she did not go for a test until Mar 24.

When asked why she delayed getting tested, the woman reportedly said she thought the symptoms were side effects of the vaccine.

 

Au reminded everyone to consult a doctor if they experience any symptoms, be it because of the vaccine or the coronavirus, for early detection.

He also said the CHP did not think the infection was related to the inoculation, as what happened in several earlier cases. “The time gap is too short so there could be no relation,” he said.

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Of the three linked cases, one was a family member of a customer of Ursus Fitness in Sai Ying Pun, where a mass outbreak of infections were detected earlier this month. So far, 155 cases have been linked to this cluster, comprising eight staff, 94 customers and 53 close contacts.

Au and Lau at today's press briefing on the Covid-19 cases

Meanwhile, the four Filipina DHs who were found with the N501Y variant all flew in on Mar 23 and tested positive while on their 12^th day in hotel quarantine.

Three of them, aged 30, 35 and 45, all arrived via Cebu Pacific flight 5J 272. The fourth, who is also 35 years old, flew in aboard Philippine Airlines flight PR300.

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All three passengers who flew in from Pakistan, comprising a 2-year-old girl, 29 year-old woman and 47-year-old man, were also found to have the variant. The two adults both tested positive at the airport and the toddler, on her 12^th day in quarantine.

The only imported infection involved a 21-year-old female FDH who flew in from Indonesia on Mar 12, and tested positive on her second test while in quarantine.

Dr Lau Ka-hin from the Hospital Authority reported that a 72-year-old male patient with chronic illness succumbed to Covid-19 at Tuen Mun Hospital at 9:32 am today. He became the 205^th patient to have died of coronavirus in the city.

A total of 175 confirmed patients are being treated in 22 public hospitals and the treatment facility at North Lantau Hospital. Among them, 10 are in critical condition, 7 are seriously ill and 153 are stable.

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Immigration rejects 355 visa applications from 'job hoppers' in Jan-Feb

By Vir B. Lumicao 

Immigration says it sent home 319 job hoppers last year despite the pandemic

Foreign domestic helpers planning to change employers for flimsy reasons should read this before they take the leap.

Immigration figures show that a total of 355 applications for FDH work visa applications were rejected in the first two months of the year, more than the total number recorded for the entire 2020.

And just this Tuesday, Mar 23, Immigration said it held a joint operation with the Labour Department to inspect “relevant” employment agencies and remind them not to encourage or induce FDHs to engage in job hopping.

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“If there is sufficient evidence to prove that EAs have induced FDHs to job-hop or have other misconduct, the ImmD and the LD will take enforcement actions as appropriate,” Immigration said in a statement sent to The SUN.

No mention was made as to why or how the agencies were targeted for the operation.

But Cynthia Tellez, general manager of the Mission for Migrant Workers, has consistently said there is no such things as "job hoppers." 

In her view, which she reiterated Thursday night in the online show "Talakayang Migrante", migrant domestic workers will only leave if their employers have been treating them badly. 

No amount of incentive, either from an agency or an employer, would make them take the chance of changing employers if they're being treated well by the one they currently work with, Tellez said, citing the long wait for processing a new work visa as one of the reasons.

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Immigration said its special duties team has strengthened its assessment of visa applications from FDHs who change employers frequently in view of recent concerns about job-hopping. 

To compare, the team reportedly rejected 165 visa applications for suspected “job-hopping” in 2018. The rejection cases increased to 267 in 2019, and rose further to 319 last year.

This was despite Immigration’s relaxation of its two-week rule (which dictates that FDHs whose contracts are pre-terminated without justifiable reason should leave within 14 days) amid pandemic-related travel restrictions in 2020.

Priscilla Leung is one of the legislators demanding a crackdown on 'job hoppers'

But amid complaints from some legislators that FDHs were taking advantage of the relaxed rules to job-hop, Immigration announced in December that it was tightening visa application rules for FDHs again.

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According to the Immigration statement, its special duties team will take into account a number of factors, including the number and reasons for the premature termination of contracts, the workers’ conduct and the previous records of both the employer and helper.

FDHs suspected of job hopping will be denied a new employment visa and required to leave Hong Kong.

“ImmD will also strengthen communication and exchange of information with LD with a view to combating job-hopping in a more proactive and focused manner,” the statement added.

Immigration said it has all along been rigorously processing employment visa applications of FDHs, refusing those from applicants with adverse records or breaches. 

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The department also reminded FDHs who wish to sign up with another employer after finishing their existing contract that they must, in general, leave and return to their place of origin after submitting a new work visa application to Immigration.

Visa applications from FDHs who have not returned to their place of origin as required will normally not be approved except in exceptional circumstances, said the statement.

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The advisory came with the warning that FDHs who overstay their visas will be prosecuted.

The seeming crackdown, however, may still be blunted by employers’ strong preference for FDHs who are already in Hong Kong, due to the worrying coronavirus situation in sending countries like the Philippines and the high cost of bringing them over.

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‘Active’ coronavirus cases in Phl near 100k as new daily infection record set

By The SUN 

The DOH graph shows the record figures in small prints on second line 

The Philippines set on Thursday, Mar 25 a record 8,773 additional Covid-19 cases, pushing the total number of infections so far to 693,048.

This is only the second time that the daily tally breached the 8,000 mark. The first time was set only three days ago, when 8,019 cases were recorded.

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The number of “active” cases is also at a record-high of 99,891 or 14.4 of the total. The positivity rate is 16.1 percent, meaning 16 out of every 100 people tested are found infected.

However, the Department of Health says 98% of these cases have only “mild” symptoms or are asymptomatic.

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The number of those declared recovered was 574, pushing the total to 580,062.

Fifty-six new deaths were recorded, bringing the total to 13,095.

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Amid the surge in cases, many hospitals in Metro Manila are declaring near capacity. The National Kidney and Transplant Institute in an advisory said its designated Covid-19 beds are all occupied.

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Vaccination issues continue to crop up, with various reports indicating people who are not medical workers and are not on the priority list are jumping the queue. This has prompted President Rodrigo Duterte to warn that violators will be prosecuted.

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The Commission on Human Rights also expressed concern, saying depriving medical workers of much-needed jabs threatens the entire inoculation program.

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