FDH group files complaint with EOC vs forced testing, vaccination

By Daisy CL Mandap 

AMCB officers Sringatin and Balladares-Pelaez submit letter to an EOC officer

A multi-ethnic foreign domestic helpers group has submitted a complaint letter to the Equal Opportunities Commission against the Hong Kong government’s order for all FDHs to undergo testing for Covid-19, and get vaccinated when they apply for a new work visa.

The letter was personally handed earlier today, May 3, by two leaders of the Asian Migrants Coordinating Body, Dolores Balladares-Pelaez and Sringatin, at the EOC office in Tai Koo.

The letter partly reads, “We welcome the government’s proposal for Covid-19 vaccination and mass testing for 370,000 foreign domestic helpers. But to make it mandatory and single out domestic workers connote racial discrimination, vilification and stigmatization of one of the most vulnerable members of Hong Kong society.”

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The FDH leaders said an EOC representative accepted their letter, but said group complaints are not allowed under their mandate. So the two of them, along with two more officers of AMCB, will each fill in a complaint form, and submit these together with whatever evidence they might have.

One piece of evidence they plan to submit is a testimony from a FDH who reported being shunned by fellow passengers when she got on a bus on the day the government imposed the orders.

AMCB argues that by forcing FDHs to go for tests and vaccinations, they have been unfairly tagged as carrier of the virus, and must thus be avoided.

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“Domestic helpers are already accused by the Hong Kong government as ‘job-hoppers’, ‘virus carriers’ and ‘high risk’; now they are discriminated against, vilified and stigmatized by the same government,” said AMCB in its letter.

The group claims the mandatory testing and vaccination violate the Racial Discrimination Ordinance and international treaties that Hong Kong adheres to, including the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights.

Pelaez said AMCB is also setting up an appointment with a human rights lawyer to seek help in possibly filing a judicial review against the government’s decision to issue the testing and vaccination orders.

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In the meantime, the group is also complaining about the ambiguity of the vaccination order, the details of which are still being worked out, according to Labour Secretary Law Chi-kwong.

While no date has yet been set for its implementation, at least one AMCB member who went to Immigration today was reportedly asked by an officer if she had already received the Covid jab.

“Mabuti na lang tapos na siyang magpabakuna, kasi hindi natin alam kung ano ang pwedeng mangyari sakaling hindi pa nakapagpabakuna ang nag apply ng visa,” said Pelaez. (Luckily, she had already completed her vaccination because we don’t know what could happen if someone who hasn’t received the vaccine is applying for visa extension).

AMCB says the shunning of FDHs began on the day the mandatory orders were issued

Former legislator Fernando Cheung has said in an AMCB online protest on May 1 that mandatory vaccination for FDHs who are already in Hong Kong is illegal because it targets only a particular group.

He also said making vaccination a pre-condition to the issuance of a work visa violates the terms of the standard employment contract for FDHs.

Tunghayan ang isa na namang kwentong Dream Love.

Consul General Raly Tejada has said the same thing, questioning why other non-residents who are also on employment visas are not being subjected to the same order.

The Philippines’ top diplomat also said the vaccination order would amount to a legal loophole in the FDH contracts.

But CG Tejada said the Consulate is still in talks with Hong Kong officials on the possibility of revoking the mandatory vaccination order.

“Kinakausap pa namin, baka hindi matuloy,” he said. (We are still in talks, hopefully it (mandatory vaccination) will not push through).

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Hundreds of FDHs line up for 2nd day of mandatory Covid-19 testing

By Vir B. Lumicao

Hundreds of FDHs line up to get tested amid the rain in Edinburgh Place, Central

Hundreds of mostly Filipino and Indonesian domestic workers lined up today, May 2, at mobile testing sites across Hong Kong for the second day of mandatory coronavirus testing that threatens to ruffle ties between Manila and Hong Kong.

As evening neared, migrant workers were still lined up under umbrellas as they waited during a drizzle to be tested at mobile testing sites in Central and Causeway Bay, and at community testing centers across the city.

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All of the city’s 370,000 FDHs, except those fully vaccinated, have been ordered to go for tests between May 1 to 9.

Some workers joined a call for a silent protest against the mandatory testing imposed by the Hong Kong government, raising banners with slogans like “Non-discrimination, tolerate” and “Stop insulting foreign domestic workers and selective law enforcement”.

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The same sight was repeated at the Mei Foo Park in Lai Chi Kok and Tsuen Wan Sport Ground, as well as in Tai Po and Yuen Long, according to migrant workers who live in those areas.

The queue in Tsuen Wan Sport Ground remained long just before closing time

At 8pm, the queue was still very long in Tsuen Wan, said Baby Jean de Leon, an administrator of the social media group Domestic Workers Corner, who lives close to the sports ground.

Apart from mandatory testing, the government has also said that all FDHs who will apply for new employment visas in Hong Kong will have to get vaccinated for coronavirus.

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The government issued the orders after a helper in Tung Chung tested positive for the  South African variant of the coronavirus, which is now known to have come from an Indian returnee from Dubai who was earlier found infected days after ending his 21-day hotel quarantine.

Philippine Foreign Secretary Teodoro Locsin Jr backstopped his consul general in Hong Kong today, May 2, calling the mandatory vaccination order discriminatory.

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“Though the effect is good and saving, still marking them out smacks of discrimination and if it is a special favor, it is unfair to other nationalities. HK can do better than that,” Locsin said on Twitter.

His post followed Consul General Raly Tejada’s statement that the Hong Kong government’s decision was made without consulting the consulates of countries supplying helpers to the city.

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Tejada also asked why FDHs were singled out for the vaccination order when other non-residents in Hong Kong who are also on employment visas are not being told the same thing.

Chief Secretary Matthew Cheung said in his blog today the vaccination of helpers is still being studied but is vital for the city to recover from the pandemic.

Tunghayan ang isa na namang kwentong Dream Love.

But he defended the mandatory testing order, saying it does not discriminate against a particular race or identity as it was also issued to other high-risk groups such as care home workers. 

“Through testing, we can identify the source of the variant infections as soon as possible and effectively break the transmission chain,” he wrote.

The testing site at HKU was also swamped with FDHs trying to beat the govt deadline

Cheung’s statement came as the city confirmed two imported Covid-19 cases, taking the overall tally to 11,784, with 210 related deaths. The new cases, both Indonesians, tested positive on the seventh day of their hotel quarantine. There was no local case.

A Centre for Health Protection spokesman said the first patient, a woman aged 39, arrived on Cathay Pacific flight CX2780 from Surabaya on Apr 23. The other woman, 44, arrived from Jakarta via CX798 on Apr 24.

The spokesman said fewer than five persons were found to be preliminary-positive today.

At 9am today, a total of 97 confirmed patients were being treated in 16 public hospitals and the North Lantau Hospital Hong Kong Infection Control Centre. Three patients are critical, one is serious and the 93 others are stable.

Meanwhile, Hong Kong will ban all Turkish Airlines passenger flights from Istanbul from this midnight, May 3, to May 16 after a TK083 flight arrived on Apr 27 with three passengers carrying the Covid-19 virus.

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Congen Tejada says Consulate asking HK to rescind mandatory vaccination

By The SUN 

CG Tejada is asking HK to backtrack on mandatory vaccination

Consul General Raly Tejada says he is working on getting the Hong Kong government to backtrack on its mandatory vaccination order for all foreign domestic helpers applying for employment visas.

“Wala pang date of implementation ang mandatory vaccination sa mga mag renew ng visa or mag transfer so we will work hard na kausapin sila para sana di na ito matuloy,” Congen Tejada said when asked how the Consulate planned to respond to the mandatory tests and jabs on FDHs announced by Hong Kong on Friday.

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(No date has yet been set for implementing mandatory vaccination for those renewing their visas or transferring to new employers, so we will work hard to talk (to Hong Kong officials) so hopefully this won’t push through.

Tejada also said the Hong Kong government should have consulted concerned consulates first before ordering all FDHs to undergo Covid-19 test between May 1 to 9, and to get vaccinated when they apply for new work visas.

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“It would have been better if concerned consulates like the Philippines, Indonesia and other countries of origin were consulted on this matter as it involves the substantive (human) rights of our nationals,” he said.

“The Consulate has been supportive of HK’s ‘free and voluntary’ vaccination program and have actively campaigned for this. However, our nationals need not be forced to take the vaccine since I am confident that they will do the right thing.”

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Tejada also said that if Hong Kong wanted to impose mandatory vaccination for people who are on work visas here, everyone in the same situation should be included, not just FDHs.

“If vaccination becomes a condition to work in Hong Kong then its application should be non-discriminatory so that there is no feeling among our FDHs that they are being singled out. Maraming non-residents din na similarly situated at pareho ang linya ng trabaho, so bakit FDH lang?” he asked.

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(There are many other non-residents who are similarly situated, and are under the same work conditions, so why single out FDHs?)

FDHs have been swamping testing sites in a bid to beat the deadline

Tejada did not deal with the issue of mandatory testing, as it has become moot with the implementation already underway.

However, he said he is consulting informally with other consuls general on the possibility of taking a joint position on the Hong Kong government’s pronouncements.

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FDH groups like the Asian Migrants Coordinating Body have earlier called on their respective consulates to take a firm stand on the issue which they have criticized as discriminatory, and added to their stigmatization.

However, Hong Kong officials have remained firm in their stance towards mandatory tests and vaccination for FDHs, calling them “high risk” because they gather in large numbers on their days off, then return to their employers’ homes where many look after the elderly and children.

Tunghayan ang isa na namang kwentong Dream Love.

Labour Secretary Law Chi-kwong has said details of the mandatory vaccination, including the starting date of implementation are still being worked out, but will be released in due course.

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Migrant workers mull legal action over mandatory jabs & tests

By Daisy CL Mandap 

Villanueva says AMCB will first file a complaint with EOC 

Migrant domestic workers are set to file a complaint with the Equal Opportunities Commission tomorrow, May 3, against the Hong Kong government’s order for them to undergo mandatory tests and vaccination against Covid-19.

This was disclosed in an online press conference on Labor Day by Eman Villanueva, spokesperson for the Asian Migrants Coordinating Body, as government officials scrambled to deflect criticism of racism and discrimination against the order announced the previous day.

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Villanueva said, “We want to find out the opinion of the EOC on this matter.”

He added migrant workers groups are also consulting with human rights lawyers on the possibility of filing a legal challenge against the testing order, which is supposed to last from May 1 to May 9; as well as the mandatory vaccination for those applying for employment visas in Hong Kong.

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Hong Kong government officials, meanwhile, have staunchly defended the orders, dismissing claims they were discriminatory.

Health Secretary Dr Sophia Chan said the measures were intended to reduce risks of infection, as helpers often work with the elderly and the young.

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“It is important for us to build herd immunity so that everybody is being protected, including those who can’t be vaccinated," she told reporters on Saturday.

Chan insists MDWs are at 'high risk' of bringing the virus into their employers' homes

Chief Secretary Matthew Cheung also deflected criticism. Writing in a blog post Sunday, he said the measures are aimed at protecting MDWs, their employers, families and friends.

But speaking at the press conference, former legislator and human rights advocate Fernando Cheung said outright that it is illegal to compel people already in Hong Kong to get vaccinated.

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He also said forcing the 370,000 strong MDWs to get tested is “totally uncalled for” and could lead to “logistical nightmare.”

Cheung said, “If you are applying from outside, I think the government can do that as a public health measure, but to impose on people who are already in Hong Kong, it is discrimination.”

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He also said that adding forced vaccination to the terms of the employment contract would be illegal because it would not be a mutually agreed condition between the worker and the employer, but a government imposition.

Apart from these, he said mandatory inoculation is “totally unethical” because it would amount to forcing certain people to submit to a medically invasive procedure. He called on medical professionals to join the protest against the order, which has yet to be enforced.

Tunghayan ang isa na namang kwentong Dream Love.

Cheung also expressed concern about how all MDWs could comply with the testing order within the nine days set by the government, given that many of them are able to go out only on Sundays and statutory holidays.

He said most appointment slots at community testing centers have been filled within hours after the mandatory test was announced, and worried of chaos erupting should people start scrambling to comply within the period set.

Cheung says it is 'illegal and immoral' to compel people in HK to get vaccinated

“I am not opposed to testing and vaccination. I think testing and vaccination are necessary…but we need to strike a balance between public health concern and individual rights,” Cheung said.

AMCB leader Dolores Balladares-Pelaez said her group is also working on getting support, not only among migrant workers, but other groups such as non-government and church organizations.

“Our consulates must also say something about this. They should represent the clamor of their nationals,” she said.

She added MDWs are demanding a retraction of the government orders, and make testing and vaccination voluntary for everyone, including MDWs.

Sringatin, also of AMCB, said members of their group, whatever their nationality, have also been asked to support their call for a silent protest.

They could do this by holding up posters expressing opposition to the orders while in their favorite haunts, without saying anything.

Pelaez said it was regrettable that instead of honoring MDWs’ contribution to society on Labor Day, Hong Kong chose to pass an order that discriminates and stigmatizes them.

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Experts say Filipina DH got mutated virus from Indian returnee

By The SUN 

Yuen says the variant has already spread in the community so urgent action is needed 

Government health experts say the Indian returnee from Dubai who lived in Jordan after ending his 21-day quarantine must have spread the coronavirus variant to a Filipina domestic helper in Tung Chung, who was found infected on Friday.

Microbiologist Yuen Kwok-yung from the University of Hong Kong and David Hui from Chinese University, both said Saturday, May 1, that researchers showed the two patients carried an identical genomic sequence of the variant first found in South Africa.

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Yuen said in an interview on RTHK that this meant that the variant strain which is believed to be more infectious, has already spread in the community, and that urgent action is needed to stop it.

Hui, citing findings made by Polytechnic University researchers, said it was likely the Indian man who moved around Hong Kong after ending his 21-day hotel quarantine in Tsim Sha Tsui had sparked off a silent transmission in the community.

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“He mainly infected his friends in Jordan and indirectly he probably infected the foreign domestic helper,” he said.

Hui said stepping up testing is the best way to avert the further spread of the mutated virus.

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But Yuen was more concerned, saying the government should conduct antibody tests on those who recently left quarantine hotels, as there were indications that the virus had spread in at least two Ramada hotels.

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Ramada Grand in Tsim Sha Tsui was where the Dubai returnee had spent his quarantine, while Ramada Harbour View in Sai Ying Pun was where a Filipina domestic worker who also tested positive for the South African variant after quarantine, had stayed.

Yuen said the variant could have spread either at the airport or the quarantine hotels, or problems with sampling and testing procedures had led to false negative findings.

He urged for random retesting of samples from recent arrivals from abroad, and field auditing for private laboratories.

Hui says mass testing should be stepped up, but Yuen says contact tracing is key

For him, mass testing, as was recently required for all of Hong Kong’s 370,000 FDHs, cannot replace painstaking contact tracing work to discover how the virus transmission started.

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Meanwhile, eight new Covid-19 cases were reported Saturday, all of them recent arrivals from  overseas who had tested positive while in hotel quarantine.

Half came from Indonesia, two from India, and one each from the Philippines and Cambodia.

The additional cases brought Hong Kong’s total tally to 11,782.

Tunghayan ang isa na namang kwentong Dream Love.

Another Covid-related death was reported on the same day, bringing the total number of fatalities from the disease to 203.

The 70-year-old female patient was admitted to Tuen Mun hospital on Apr 6 after a fall, and was confirmed infected during the admission screening. Her condition deteriorated while in isolation, and she passed away at 1:48pm on Saturday.

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