Filipina DH who ‘forgot’ to return employer’s ring cleared of theft

By Vir B. Lumicao 

The Shatin magistrate said the prosecution failed to show
the accused was guilty 'beyond reasonable doubt'

A Filipina domestic helper accused of stealing her female employer’s $10,000 ring last year was acquitted of theft this afternoon, Apr 8, by a magistrate in Shatin Court.

Flordelyn Serquina, 40, could not prevent her tears after Magistrate David Chum said the prosecution had failed to prove her guilt beyond reasonable doubt during a two-day trial last month.

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Chum said the prosecution and defense vigorously debated Serquina’s excuse that she had forgotten to return the ring she found one April day in 2020 under a living room chair after putting it aside as workers were coming to do repairs in her employer’s flat.

The magistrate said it was foolish for the helper to keep the ring, which had a yellow gemstone and diamonds, for quite some time before remembering where she had kept it.

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Chum said he could not rule out that the defendant had only forgotten to return the ring to her employer Tung Chuan-chuan, 69, without any intent to steal it.

“Therefore, this court can’t say the defendant dishonestly stole the ring. I give her the benefit of the doubt and acquit her,” Chum said.

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Police arrested Serquina last May 27 after Tung reported that she found the ring in a red and yellow coin bag in the defendant’s bedside drawer, a day after the employer noticed that it was missing from a nightstand drawer in her bedroom.

The employer summarily dismissed the helper, whom she had employed since January 2016 as domestic helper in her flat at Bauhinia Court, Worldwide Garden, in Shatin.

The accused pleaded not guilty to one count of theft when she was arraigned in Shatin Court on July 27, prompting the magistrate to schedule the case for trial.

During the trial, Tung took the witness stand and said she did not expect the defendant to steal from her because she had performed her duties well.

The missing ring was found in a drawer inside the helper's room in this housing estate

The elderly woman said she last saw the ring around Apr 15 last year, when she put it in the drawer of the nightstand in her bedroom. When she checked the drawer again on May 26 or after more than a month, the ring was gone.

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Tung said she asked the defendant if she had seen the ring, but Serquina said she didn’t.

The next day, around 10am, while Serquina was washing the car, Tung searched the helper’s room and found the missing ring in the red and yellow coin bag.

Tunghayan ang isa na namang kwentong 

 

Tung said she called her husband, who had gone out of the house, and told him she had found the ring. She said it was her husband who called the police.

Taking the witness stand, Serquina said she did not intend to steal the ring. When she found it under the chair on that April day, some workers were coming to the flat to do some repairs so she just kept it in a drawer.

She said she was too occupied with her house chores that she forgot all about returning the ring to Tung. It was only when the police arrived that she remembered about it. 

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During cross-examination, the prosecutor suggested to Serquina that she intended to steal the ring, otherwise she would have returned it to the employer right away.

But the defendant insisted that she simply forgot all about it because she had always been very busy.

In acquitting the defendant, Chum said the prosecution failed to establish the defendant’s guilt beyond reasonable doubt. He also took into account her clear record.

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Calls for pre-flight jabs for FDHs as 6 imported Covid-19 cases reported

By The SUN 

Hui says that instead of a flight ban the govt could consider requiring FDHs to get vaccinated

Hong Kong’s eight new coronavirus infections today, Apr 7, including six imported cases all carrying the mutated virus, have renewed debates on whether a flight ban should be imposed on countries considered as high risk.

At least one health expert said that instead of flight ban, the government could require all foreign domestic helpers to be vaccinated before being allowed to come in.

Prof David Hui from the Chinese University, a government adviser on the pandemic, said the administration needs to strike a balance between infection control and the needs of local families.

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“If you stop them from coming, you minimize the risk to the community. However, many Hong Kong families actually rely on foreign domestic helpers. So, if we stop the visitors coming from the Philippines, then a lot of Hong Kong families will be affected,” he said.

Hui was reacting to calls from other health experts, in particular University of Hong Kong microbiologist Ho Pak-leung who has called for flights  from countries such as the Philippines and India where many travelers found infected on arrival be suspended.

Teresa Liu, head of the Association of Hong Kong Manpower Agencies, told RTHK that her group would discuss with Philippine authorities whether helpers could get vaccination priority.

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Liu said Hong Kong employers would be willing to pay for the jabs if the 21-day hotel quarantine for helpers would be shortened.

Eman Villanueva from the Asian Migrants Coordinating Body said he was in favor of shortening the quarantine period back to 14 days as in most other places. But he said a flight ban will just create difficulties for both the worker and the employer.

Villanueva also said the current requirements of pre-flight negative test result and quarantine and additional tests in Hong Kong are enough safeguards against the spread of the coronavirus and the variant by arrivals from overseas. 

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At today’s press briefing, local reporters raised the possibility of a flight ban for the third day running.

Chuang repeated that the 21-day hotel quarantine is enough safeguard

But as before, Dr Chuang Shuk-kwan of the Centre for Health Protection pointed to the 21-day hotel quarantine as an adequate health control measure. However, she said the government can take more measures as it sees fit.

Chuang said today’s new patients comprising five males and three females aged 1 to 71 took Hong Kong’s total caseload to 11,540. She said there were more than 10 preliminary positive cases who were mostly imported ones.

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Of the six imported cases, one was a Filipina domestic helper who arrived Mar 25 via Cebu Pacific flight 5J 272 from Manila. She was spending her hotel quarantine at the Grand City Hotel in Sai Ying Pun when her 12^th day test showed she was positive of the virus.

The other imported cases were a man aged 60 who arrived from Egypt, two male passengers from India aged 44 and 1 year old who both arrived on Apr 5,and a girl aged 4 and a man aged 44 who arrived on Mar 23 from Pakistan.

Including today’s six imported cases the total number of patients found to have the N501Y variant in Hong Kong has gone up to 178, Chuang said.

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She said 71 patients had the British type, 20 had the South African type, 5 had the Brazil type, 77 still have to be categorized and 12 can’t be classified due to inadequate virus sample.

Chuang said all 178 cases of coronavirus variants came from overseas

Today’s two local cases with no known sources were from Tuen Mun. They were a woman aged 71 who lives in Block 3, Oi Fai House in Yau Oi Estate and a man, 41, who lives on a high block in King Fu House, Shan King Estate.

Chuang said the woman, a retiree housewife, had a headache on Apr 3 and was confirmed positive on Apr 5. She had few friends and would do morning exercise in front of the Tuen Mun Government Offices Centre.

After that, she would go with other morning exercisers to nearby Chinese restaurants for breakfast or tea, Chuang said.

Tunghayan ang isa na namang kwentong 

 

“We have already sent notifications to those who visited these places at the relevant times,” the CHP official said.

The male patient works with about a dozen colleagues in Wheelock House, Central. He developed colds on Mar 29 and last worked on Apr 1. Chuang said his officemates would all be sent to quarantine and residents of his block would be subject to mandatory testing.

She said the man went on Apr 3 to Toys R Us at Ocean Terminal in Tsim Sha Tsui and to Sino Centre to buy an electronic key.

Before that, he went to Café de Coral in Melbourne Plaza and to Fairwood in Mannings Mansion. On Mar 26, during the incubation period, he went to Sandy St for lunch with two friends, but so far there are no links with the two, Chuang said.

She said notifications had been sent to the places he had visited so those who left their names on a piece of paper would be asked to go to mandatory testing centers.

Chuang said there were more than 10 preliminary positive cases, including a 70-year-old woman who lives alone on Block 3 of Oi Fai House in Yau Oi, two storeys away from today’s case and not of the same orientation.

She said the woman has poor eyesight so she stays at home most of the time, with family members visiting her twice a week. A friend comes to cook her food and clean the flat at weekends, Chuang said. They will all be sent to a testing center, she said.        

Dr Sara Ho, a chief manager at the Hospital Authority, said 133 confirmed patients are being treated in 20 public hospitals and the North Lantau Hospital Hong Kong Infection Control Centre. Nine are in critical condition, three are serious and 121 stable.

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HK support group gives abuse, trafficking victims fighting chance

By Vir B. Lumicao 

Ho founded the Dignity Institute to ensure holistic help to abuse victims

A Hong Kong human rights lawyer has founded her own research, investigation and counseling unit to provide integrated legal and psychosocial assistance to victims of exploitation and human trafficking, as well as refugees in the city.

Patricia Ho, founder and managing partner of Patricia Ho & Associates, said she set up Hong Kong Dignity Institute in July 2019 after she started the law firm, to close all the gaps in the system that have hampered lawyers.

Since its founding, HKDI has helped 70 clients from 23 countries, provided 114 integrated legal and mental health consultations, and trained 440 lawyers, NGO practitioners, policymakers, government actors and foreign domestic workers.

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“I supposed if we’re talking about all the domestic helper cases that I have taken in the last few years, I thought that a lawyer’s job was very hampered by the lack of understanding of their mental state and the social aspects of the client,” the lawyer said.

She found many of her clients were very scared of talking to lawyers and when they talked, they did not tell the whole story about what had happened to them.

“My frustration was it’s very difficult to help them find the most appropriate solution without knowing the whole of their problem,” Ho said.

Many victims of human trafficking and abuse are hesitant to open up to lawyers, says Ho

A harassment victim who approached Ho recently was referred to HKDI for counseling by a volunteer psychologist to assess the woman’s mental health.

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Counseling is part of a holistic approach that the lawyer is taking in regard to every case she handles to find out the impact of a client’s ordeal on her mental state and how to help her emerge stronger and more focused from her experience, Ho said.

“It occurred to me early on that I needed to work closely with a psychiatrist or counselor social worker because I needed different aspects and perspectives on a case. And I thought that if we were to help more people properly, that was really needed,” Ho said.

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“And as far as I am aware, there was really nothing like that in Hong Kong where the different professions worked jointly together,” she added. She said these professionals traditionally would both work on a case separately, a relationship she finds unhelpful.

The drawback is that a lot of psychiatrists and social workers give advice that is unrealistic or adverse to the legal cases of their clients. For example, if a client goes home on the advice of a social worker, it becomes hard to keep her case going even though it has a fighting chance.

Ho said all the different elements are needed to give a good advice, and it made her very upset to see a client abandoning a good case.

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She said there had been a few cases where she would get instructions from clients who  were not telling her the whole story and were not comfortable with her. But after enlisting the help of social workers and counselors at HKDI, the clients turned into very different people giving her very good instructions.

Ho was named one of anti-trafficking heroes last year by the US State Dept 

Ho, who was named last year by the United States Department of State as one of 10 global Trafficking in Person (TIP) Report Heroes, said her law firm had helped about 30 Filipina, Sri Lankan, Indonesian and African workers.

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“It’s not a large number, in fact, the focus has been very much on human trafficking and forced labor, and I don’t expect the number to be very high because a lot of the victims usually are not in a position to come forward for help,” Ho said.

She said these victims usually are with a group that was recently connected with the outside world, alluding to people who practice slavery.

Usually the victims’ phones or electronic items are taken away from them and they have no rest days. She said others in that crowd don’t get to seek help because of their situation or they have already been shipped back to their home countries.

Tunghayan ang isa na namang kwentong 

Ho said a client she advised recently to leave an employer who was abusing her badly decided to disregard the advice due to pressure from her own family to keep her job so that she could continue sending them money.

“What’s ironic is some of these advices have a tinge of truth, but mostly it is misguiding as well and wrong. And the problem is when you have a mixture of both, it’s so difficult for the person who is in a very vulnerable situation to make an independent assessment and it’s really hard to blame somebody for just listening to her family,” she said.

HKDI has a team of lawyers, private investigators and researchers who do large-scale research to map the modus operandi of sex and drug trafficking in Hong Kong. It also collects intelligence and testimonies from drug mules and former drug lords to identify trafficking patterns and the pandemic’s impact on Hong Kong’s sex industry.

Other activities of HKDI involve training students of law, criminology, psychology, social work, public administration and journalism students through experiential learning activities.  

HKDI says it has a mission of “restoring dignity to the most vulnerable in Hong Kong and going deep to dismantle the systems of exploitation that perpetuate these abuses.”

Ho said HKDI has its sights on modern slavery in Hong Kong, where she said there are still 65,000 modern-day slaves despite slavery being abolished officially in 1833.

Trafficking of young girls known as “mui tsai” to work in local households is still happening today, so does trafficking for forced labor, sexual exploitation, drugs and other reasons, Ho said. 

For people trapped in slave-like conditions, the law firm and HKDI provide integrated legal and psychosocial help as well as connect them with shelters and friends for support and work with partners in their home countries for recovery and repatriation assistance.

This is the kind of holistic approach to the assistance that Patricia Ho and HKDI provide the vulnerable members of Kong society.

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PathFinders steps up community engagement as number of pregnant MDWs grows

By The SUN 

CEO Gurtin (right) with a mother and child PathFinders helped last year

A private charity that helps migrant women and their children says that despite 2020 being its “toughest” year so far due to the social unrest and coronavirus pandemic, it was able to improve the lives of 581 babies and young children in Hong Kong.

In its “Impact Report 2020” released on Sunday, Apr 4, PathFinders says these kids were among the 1,153 babies, children and mothers who sought its help in the past year.

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Announcing the release of the report, board chair Vivien Webb and chief executive Catherine Gurtin said in a letter to supporters and friends that the NGO engaged 44,098 migrant domestic workers in crisis prevention initiatives.

The NGO said it handled a total of 397 cases last year, including 244 new cases of mothers and babies seeking help, and 175 hotline enquiries. It had successfully closed 245 cases, but many more needed prolonged help due to Covid-19 travel restrictions.

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This led to an increase in demand for its emergency shelter, where the occupancy rate rose to 98% and the average stay lengthened to 92 days, a 50% increase from 2019.

PathFinders’ approach to tackling the growing problem is based on its three-pronged “Theory of Change”:

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·         Intervene during crisis to care for children born to migrant mothers in Hong Kong and ensure they have a nurturing care plan in place during the most critical years of early childhood development.

·         Empower migrant women to make well-informed life decisions and prevent future crisis, and equip employers with information and practical solutions to enable pregnant MDWs to enjoy their right to maternity leave and maintain employment.

·         Engage with the general public and policymakers to increase understanding, acceptance and support for children born to MDWs, and create systemic change by ensuring policies protect pregnant MDWs and their children.

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PathFinders said Covid-19 presented unprecedented challenges, especially in the NGO sector. Last year, the group made its first public appeal for funds to fill its budget shortfall for 2020.

“As we entered a ‘new normal’, requiring even greater resilience, adaptability, and prioritization, we strengthened our commitment to protect all children in Hong Kong and deliver solutions that address the root causes of crisis through the development of our Theory of Change,” the NGO said.

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“The Theory of Change will be critical to ensuring we can continue to pivot where needed, while staying true to our vision, mission and values. It will also empower us in our commitment to do even more to monitor, evaluate and hold ourselves accountable in using our finite resources from our donors, supporters and friends efficiently and effectively to achieve the greatest impact for our babies, children and mothers,” it said.

Tunghayan ang isa na namang kwentong 

PathFinders was set up in 2008 on the belief no child should be born alone and deprived of an identity, basic supplies, healthcare and shelter. Since then, it has improved the lives of almost 8,000 babies, children and women, the NGO said.

Some of PathFinders' 74 ambassadors who help reach out and empower their fellow MDWs

Webb and Gurtin praised the role its 74 ambassadors played in achieving a 31% increase in its engagement of MDWs to prevent crisis by educating them on the importance of making well-informed life decisions while working in Hong Kong.

The NGO put its ambassadors, who are MDW community leaders, through its “Train the Trainers” program to teach them how to empower their peers.

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“This represents significant progress towards achieving our ambition of creating a sustainable community outreach model led by MDWs for MDWs,” the executives said.

PathFinders expects the problems it tackles to escalate by 2047, when the number of MDWs employed in Hong Kong is forecast to rise to 600,000 to help care for a rapidly ageing population.

Without a systemic change, the problems that PathFinders tackles will likely escalate, Webb and Gurtin said.

“We believe with imagination, collaboration and a commitment to strengthening protections for the children we serve, practical and affordable solutions can be found,” they said.

To this end, PathFinders engages in dialogue with HKSAR government departments, consulates, United Nations agencies, academics and other key stakeholders to ensure policies are enforced and continue to protect the children and mothers.

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Sick OFW goes home with $70k goodwill gift from employer

By Daisy CL Mandap 

Madayag shares her story at HK Airport just before her flight Monday

On being told that she had a rare bacterial infection that had affected up to 80% of her lungs and threatened to end her 20 years of work as a domestic helper, 55-year-old Corazon Madayag chose not to be despondent.

Instead, she looked at the brighter side of things, including what an amazed doctor had told her -  that the bacteria had affected only her lungs and liver, but did not spread throughout her body, which could have put her life at grave risk.

Madayag, a devout Christian who regularly attends the Jesus the Living God church, also turned to prayer, not just for herself but also for the people she cares about, including her elderly employers.

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But the blessings she reaped from taking a positive attitude to the challenges that were thrown her way were much more than what she had dared hope for.

After being discharged from hospital, her kindly employers, aged 84 and 79 years old, booked her in a hotel for 10 days so she could recuperate fully before her scheduled flight home yesterday, Apr 5.

Then, days before she was due to return to her home in Quezon City to take the six months’ rest prescribed by her doctor, she received a most unexpected blessing.

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Her employers, whom she had looked after for four years and five months, surprised her with a most generous going-away gift of roughly $70,000 (Php434,000), which was far more than she had hoped to get.

They also promised to re-hire her if she’s given a clean bill of health after her six-month rest in the Philippines. 

Madayag gives testimony at the JLG service on Sunday, presided over by Bishop Vallo

In a conversation with her spiritual adviser Bishop Gerry T. Vallo at the airport shortly before taking her flight back to Manila, Madayag said she knew she could not claim long service pay as a matter of right as she had not served her employers for a minimum of five years as required by law.

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But what she got was not just payment for long service, but her salary for an entire year. She was also given generous pay for unclaimed annual leave. Then, during her last conversation with her employers, she said she was given an extra $10,000 for her 16-year-old daughter.

Madayag had a simple explanation for her good fortune, “God touched my employers’ heart. Ginamit ng Diyos ang aking mga amo para mabiyayaan ako.” (God used my employers to bless me).

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Though overwhelmed by their generosity, Madayag said she had always had a good relationship with her employers, who treated her like family. She responded in kind, by always praying for them and anticipating their needs.

“Give and take lang yan. Kapag sinabi ng amo mo na hindi ka muna lalabas, pagbigyan mo kasi lahat ng hinihiling mo ay binibigay (din) nila,” she said. (It’s all a matter of give and take. If your employer asks you not to take your day off, give way because they also grant your requests).

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“At saka lagi-lagi ko silang pinapanalangin kasi iyon ang nararapat, iyon ang importante.” (Also, I always pray for them because that’s just right, that’s what is important).

To those who are not blessed with employers who are as kind and generous, she has a simple advice: “Panalangin lang, madadala yan sa panalangin,” she said. (Just pray, everything could be achieved with prayer).

Bishop Vallo explained why Madayag was moved to share her good fortune.

Tunghayan ang isa na namang kwentong 

“Hindi natin ito ginawa para ipagpunyagi kung ano man ang natanggap niya kundi nais nating ibahagi na kung tama ang iyong ginagawang pagtatrabaho ng iyong employer na walang kapalit na hangad, ang Diyos na ang kumikilos. Hinihipo ng Panginoon ang puso ng amo.”

(We are not doing this to boast about what she had received but to share with others that if you work properly in your employer’s house without waiting for anything in return, God will take action. Our Lord will touch the employer’s heart).

Bishop Vallo also said the story comes with a message that there are still a lot of good-hearted employers out there so migrant workers should take heart. Doing good and being good will always be rewarded.

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