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Filipina DH charged with assault in boarding house dispute

Posted on 30 March 2021 No comments

By Vir B. Lumicao 

The court heard the accused got mad because she thought she was being gossiped about

A Filipina who allegedly threw a ceramic vase at a fellow domestic helper in a fit of rage in their boarding house in Sai Wan, Western in January, was charged with assault occasioning bodily harm in Eastern Court today, Mar 30.

L. Regidor, 32, was not asked to enter her plea when she appeared before Magistrate Peter Law.

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Her court-appointed lawyer said the accused got angry because she thought the alleged victim and another Filipina DH were talking about her behind her back.

The prosecution said Regidor was in the boarding house at an unspecified time on Jan 9, along with the two other domestic workers when the incident happened.

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The two Filipinas were sitting on a bed and chatting when the defendant allegedly grabbed a ceramic vase and threw it at them, hitting one on the right side of her face.

The victim suffered an injury in her right eye and contusion on her right cheek as well as loosened teeth, the prosecutor said. She went to a hospital for treatment and the case was reported to police.

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The defendant was arrested shortly after the assault but was released on police bail after investigation, the prosecutor said.

The boarding house is on the first floor of a building along Des Voeux Road West in Sai Wan and is rented by Filipino domestic helpers who are either on holiday or waiting for a new employer.

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Magistrate Law adjourned the case until May 18 at the request of the prosecution, who cited further police investigation and legal advice.

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The magistrate extended Regidor’s bail but told her that she must not contact the alleged victim and the other prosecution witness.

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DH overstayer allowed to remain in HK to chase ex-employer

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By Vir B. Lumicao 

The Shatin magistrate allowed the Filipina to skip jail so she can pursue her labour claim

A Filipina domestic helper who overstayed for more than a month while pursuing a claim against an employer who fired her even before she could start serving him, got a six-day suspended jail sentence for the offense today, Mar 29.

S. Manginga, 30, pleaded guilty to a charge of breach of condition of stay when she appeared before Magistrate Jason Wan in Shatin Court.

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“Since this is your first offense, I will give you a suspended sentence,” Magistrate Wan told her.

The prosecution told the magistrate that the helper surrendered to the Immigration Department in January this year after realizing she had overstayed since mid-December.

Her counsel from the Duty Lawyer Service told Wan the defendant, who came to Hong Kong in 2019 to work as a domestic helper, was dismissed summarily by her first employer after just five months.

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She found a second employer, who dismissed her last Dec 4 without paying her one month’s wage in lieu of notice, the lawyer said. It was while pursuing her labor claim that she realized her visa had expired.

The lawyer said a hearing of the labor case is scheduled for May.

Manginga said after the hearing that she had not actually worked for the second employer, whom she identified as Billy Chiu. She was supposed to take care of an elderly woman, the employer’s mother.

She said her first employer, a certain Ms Wong, fired her on May 11 last year after five months following an argument.

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Maninga said she had to extend her visa four times trying to find an employer, until a friend told her that Chiu was looking for a helper, so she applied personally.

She said Chiu signed her up last Sept 8 and she processed the employment contract at Immigration on her own until it was approved in November, along with a visa that was valid for one year.

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But after telling Chiu that the contract still had to be submitted to the Philippine Overseas Labor Office for verification, the employer told her on Dec 4 to just scrap the contract because there was no more need for her services.

Manginga said she had wasted nearly three months waiting to move into Chiu’s household, and an opportunity to look for other employers.

She was at a loss after realizing that her visa had already expired. She said she went to the Philippine Overseas Labor Office to ask for help but an irate staff told her they couldn’t do anything about her problem as she no longer had a valid visa.

Fortunately, she met a townmate who accompanied her to the Mission for Migrant Workers. There she was told that they would help her file a case at the Labour Department.

Manginga said that in her meeting with Chiu at the Labour Relations Division, the employer denied that he fired her and claimed it was the helper who terminated the contract. 

The case was elevated to the Minor Employment Claims Adjudication Board, where the helper’s claim will be heard around mid-May.

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Churches to resume masses, beaches to reopen but strict quarantine rules to stay

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By The SUN 

Churches will be allowed to resume masses starting Wednesday

Churches will be allowed to hold religious gatherings starting Wednesday, the first of several venues to be allowed to resume services under the more relaxed social distancing measures announced by Hong Kong officials on Monday, Mar 29.

This comes ahead of the long Holy Week holiday, one of the most important dates in the Christian calendar.

But in line with strict gathering rules, no eating and drinking will be allowed, and according to Health Secretary Dr Sophia Chan, this means the ritual of communion will not take place.

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All religious venues should also be filled only up to 30% of their capacity.

Secretary for Home Affairs Caspar Tsui said the decision to allow churches to resume services was reached after several meetings with religious groups.

On Thursday, more venues will be reopened, including swimming pools, beaches, libraries and museums. Tsui said the Leisure and Cultural Services Department will progressively open other venues, depending on the epidemic situation.

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Cinemas, performing venues and theme parks will also be allowed to fill up to 75% of their capacity from the present 50%.

However, other venues classified as “high risk” such as bars, karaoke lounges and mahjong parlours will remain closed for at least two more weeks

Also, the longstanding demand of travelers for the 21-day hotel quarantine to be eased will not happen anytime soon, except for those coming from only three countries deemed as low-risk: Australia, New Zealand and Singapore.

For travelers coming from these places, which will include non-residents for the first time, the hotel quarantine will be cut to 14 days. However, they will be required to undergo self-monitoring for a further 7 days, and get tested on the 19th day.

Those coming from countries deemed as “medium risk” can also skip the third week of hotel quarantine if they have received two doses of an anti-Covid-19 vaccine and waited for at least 14 days before their travel.

Travelers from the Philippines will still have to undergo 21-day hotel quarantine

For those flying in from high risk countries which presently include the Philippines, Indonesia, India, Pakistan, Bangladesh, Nepal, South Africa, the United States and several others, the 21-day hotel quarantine will be kept in place.

Residents stranded in Britain will be allowed to return home by mid-April, but will have to undergo 21 days of hotel quarantine.

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The Return2HK’ program will be extended by allowing Hong Kong residents to skip quarantine if they return via air travel from anywhere in mainland China compared with just Guangdong and Macau previously

Workers in “scheduled premises” like restaurants and construction sites, as well as school teachers, can get exemption from regular Covid-19 tests if they get if vaccinated.

Those who receive two doses of the vaccine, may, after an extra 14 days, be allowed to visit patients in public hospitals and care homes, subject to the further requirement of testing negative in a rapid test.


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Chan urged Hongkongers to get vaccinated so the city can receive herd immunity and resume travel and other social activities soon.

She also said the easing of restrictions was not a “relaxation”, which experts have warned the government against, despite several days of single-digit infections

“We are not relaxing, we are simply adjusting,” she said, adding that an assessment was made of the risk, and the need to promote people’s physical and mental well-being.

 “So we are doing minor adjustments on some of the activities that we have very carefully assessed the risk, and this is also something that is related to people's mental health, so we are not only looking at physical health,” she said.

In a stark reminder of the risk of premature relaxation, Monday ended two days of zero local infections in Hong Kong.

A young student at Baptist University tested positive on Sunday, after developing sore throat. During the incubation period, he attended classes, taught football to a group of primary school students, and did one-on-one tutoring, all intense activities that led to about 50 people being sent to quarantine.

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Cancer patient Baby Jane Allas dies of kidney infection in Palawan home

Posted on 29 March 2021 No comments

By Vir B. Lumicao 

Baby Jane's case became the focus of anti-discrimination protests

A Filipina domestic helper who was fired by her Pakistani employer a day after she was diagnosed with Stage 3 cervical cancer in 2019 died last Saturday, Mar 27, in her hometown of Narra in Palawan.

The death of Baby Jane Allas, a 40-year-old single mother of five children, was announced on Facebook by Jessica Cutrera, the American employer of Allas’ sister who raised more than $850,000 via crowdfunding for her medical expenses in the Philippines.

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“I am very sad to report Baby Jane passed away this weekend unexpectedly as a result of a kidney infection. Please keep her family in your thoughts and prayers,” Cutrera said in her Facebook post at 1:56pm on Sunday.

Allas died even before a disability discrimination case filed on her behalf by the Equal Opportunities Commission against her former employer, Bushra Jamil, was heard in District Court.

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“The EOC is very sorry to hear the news that Ms Baby Jane passed away. The EOC will discuss with her family or representative the way forward (with the case),” said Sam Ho, senior corporate communications manager of the commission.

An initial hearing of the case filed by the EOC was held at the District Court on Mar 15 but was quickly adjourned after the employer, a former beauty queen and daughter of a prominent Muslim community leader in Hong Kong, refused to speak to the other party.

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Allas’ claims at the Labour Tribunal for unpaid wages, a month’s salary in lieu of notice, return air ticket, travel allowance and half-day pay for days off not fully spent, were already settled in April 2019 with the employer paying her $30,000.

Baby Jane with 2 of her kids after winning her $30k labour claim 

Allas was flown home to Palawan on Sept 12, 2019, escorted by her sister Mary Ann, who works for Cutrera.

 
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It was from Mary Ann that Cutrera heard about Allas’ situation and sought public moral and financial support for her cause.

The crowdfunding Cutrera organized online had gathered enough funds for the patient’s medical costs, as Allas had lost access to free medical care in Hong Kong public hospitals after her termination.

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Mary Ann said Allas had been in and out of the hospital a few times before she passed away on Mar 27 at the family home in Narra due to kidney failure.

Reports said Allas supported herself and her children with earnings from a small grocery on her property which she bought last November with Cutrera’s help.

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All the while, she reportedly nurtured plans of returning to Hong Kong, where she first came to work in 2017 for Jamil’s family of six. From her salary of $4,520 a month, she remitted half that amount to her family.

Her children, whose ages range between 8 and 18 years old, are being looked after by her mother.

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HK govt keeps relaxed rules on contract extensions, home leaves, but warn of 'job hopping'

Posted on No comments

By The SUN 

Home leave requirement for FDHs has been relaxed for now

The Hong Kong government has extended two measures meant to help foreign domestic helpers and employers cope with continuing travel restrictions brought about by the Covid-19 pandemic.

In a statement issued today, Mar 29, the government said that a three-month extension will again be allowed for all FDH contracts that are expiring on or before Jun 30 this year.

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In addition, FDHs who are still unable to return to their places of origin for their home leave despite a one-year allowance given them by the Immigration Department, may now apply for a further extension until the end of their two-year contract.

The statement reminded both FDHs and their employers that all applications to be made in line with the relaxed restrictions should be subject to their mutual agreement.

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It also said that applications for further extension of contracts that had already been extended previously will not be considered. This means that employers who have already availed of the three-month extension should either renew the contract of their current FDHs or let them go.

“Based on the experience from the previous flexibility arrangements, a three-month extended period could allow sufficient time for employers to arrange their newly hired FDHs to come to Hong Kong,” said the statement.

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“If a newly hired FDH cannot be arranged to come to Hong Kong within the three-month extended period and the employer needs to continue to employ his/her FDH beyond the three-month extended period, the employer should apply for a contract renewal with the existing FDH.”

As for the requirement for FDHs to take a home leave at the end of each two-year contract period, the statement said the prevailing practice was to allow an extension of only a year.

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But because of the continuing pandemic, the government has decided to further allow FDHs to defer returning to their home countries until the end of their contract.

FDHs who had already been granted extensions of stay in line with the government announcements on Mar 21, Jun 30, Sept 30 and Dec 30 may still apply to Immigration for permission to remain in Hong Kong “until the end of their contract,” said the statement.

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However, it added that the requirement for FDHs to return to their place of origin continues to be in place.

The govt statement also warned against 'job hopping'

Meanwhile, the statement said that the Labour and Immigration Departments will continue to take “proactive” steps to combat job-hopping by certain FDHs.

The measures include an investigation by the LD into complaints about employment agencies who allegedly induce FDHs to job-hop.

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The statement said the LD has issued letters to all placement agencies for FDHs to remind them not to engage in such “improper business practices” but did not mention any sanctions being made on anyone.

“The ImmD will continue to step up efforts to combat "job-hopping" by FDHs rigorously. For suspected "job-hopping" cases, the ImmD will refuse the employment visa applications concerned and require the applicants to leave Hong Kong,” said the statement.

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