Employer faces $50k fine for allowing DH still waiting for visa to work

By Vir B. Lumicao 

Alba's $51k hospital was waived but she was not told the doctor's diagnosis 

A prospective employer is facing a $50,000 fine for letting her incoming Filipina helper work in her house even if her employment visa application was still being processed. The worker herself reportedly faces a $3,500 penalty.

The Immigration Department today informed the Filipina, A. Alba, that it has discontinued processing her visa application because her prospective employer has either backed out or is not eligible to hire a foreign domestic worker.

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She was told she could file another application for a new employer, but this second application will be “final,” said Immigration in a letter to her, dated yesterday.

“If you or your prospective employer backs out again, your prospective employer withdraws his/her sponsorship of you for whatever reasons, or your prospective employer is not eligible for employing a foreign domestic helper, your further application will not be considered,” said the letter.

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“If you still wish to work for a new employer in Hong Kong, you must return to your place of origin and then submit a fresh application.”

Despite this assurance, Alba’s visa was extended for only three more days, which makes it hard for her to get a new employer willing to sign her up.

Immigration said in a letter that Alba has one more chance to process a new work contract

On Wednesday, when the worker picked up her luggage in the flat of her intended employer, the latter laid on the table a document from the labour prosecutor’s office that reportedly stated the employer will be fined $50,000 and Alba, $3,500.

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The patient’s concern about her $51,000 bill from Queen Mary Hospital, incurred when she was admitted on Nov 19 after suffering seizures, was resolved before she was discharged on Nov 23 when the bill was waived by due to her inability to pay.

But the waiver was attached to a condition that she can’t find out what the doctor’s diagnosis of her illness is or be given medicines to treat her ailment unless she pays the bill.

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Police discovered the breach of immigration rules on the night of Nov 19 when Alba suffered a seizure while attending to her future employer’s baby. An ambulance took her unconscious to Queen Mary Hospital in Pokfulam.

Alba said she went for her first dose of Sinovac vaccine on Nov 18. The next day she felt so unwell that she collapsed and her mouth frothed.

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The officers reportedly asked the employer why the sick worker was in her house when she was still waiting for her new work visa, and told her the helper would be interviewed after her release from hospital.

The helper, still weak when discharged on Tuesday, said doctors found a blood clot in her head and a hole in her heart during a CT scan and electrocardiogram examinations. This was why her heartbeat hasn’t normalized, she said.

Alba said she begged for temporary accommodation in the flat of her first employer, who released her on Jun 14 after her husband died of colon cancer and the family had run into financial difficulties.

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Her most pressing need now is an air ticket, Alba said, as she has only until Sunday to remain in Hong Kong.

She said she went to ask help from the Overseas Workers Welfare Administration but was told that they have no funds to pay for the tickets of destitute workers. She received the same advice from the Consulate’s assistance to nationals section.

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She has now turned to worker support groups to help her book an air ticket back to Manila before her visa expires on Sunday.

Alba came to Hong Kong on Jun 14, 2019 to work for her first employer. She finished her contract on Jun 14 this year, but the employer told her she could no longer retain the Filipina.

The helper moved in with a new employer on Jun 16 but decided to leave on Oct 16 due to what she called unbearable conditions in that household. The next day her prospective employer signed her up, and she said she was looking forward to moving there when the unexpected  happened.

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CHP reports new variant being found in Regal Airport cases

By The SUN 

The new variant was found in two men who stayed across each other at Regal Airport Hotel

The Centre for Health Protection has said a newly emerged variant has been detected in the coronavirus cross-infection that happened between two men who occupied rooms across each other at Regal Airport Hotel in Chek Lap Kok.

At the same time, the CHP reported six newly confirmed Covid-19 cases, including a newly arrived foreign domestic helper from the Philippines, an air crew from Russia and a one-year-old baby from Bangladesh.

All carried the L452R mutant strain, except for the Filipina DH who was strangely found to have both the N501Y and E484K mutations of the coronavirus, which were both first detected in the United Kingdom.

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The CHP statement issued today, Nov 25, said cases 12388, the 36-year-old male index patient who had flown in from South Africa, and 12404, the 62-year-old man from Canada, had highly similar genetic sequences.

The virus they carried reportedly belonged to the B.1.1.529 lineage, which has been found in South Africa and Botswana, reinforcing the finding that the younger man had infected the other patient.

“Scientific information on the public health significance about this lineage is lacking at the moment. It is classified by the World Health Organization as ‘Variants Under Monitoring.’ The CHP will closely monitor the latest developments,” said the statement.

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Previously, the mutant strain found in the men was identified by CHP as N501Y.

After experts reported on the cross-infection, the CHP said it arranged for 12 persons who had stayed on the same floor of the hotel as the two patients to undergo compulsory quarantine at Penny’s Bay for 14 days.

“No related case (has been) detected so far,” said the statement.

One passenger on Nepal Air flight tested positive while 3 did not follow pre-boarding rules

Meanwhile, Nepal Airlines flight RA409 from Kathmandu has been suspended from flying to Hong Kong for two weeks starting today.

This was after one of its passengers on Nov 23, a 32-year-old female returnee, tested positive on arrival, while three others on the same flight failed to comply with pre-boarding requirements.

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Among the other passengers is the infected FDH from the Philippines who is 35 years old, female, and flew in aboard Cebu Pacific flight 5J272.

The 45-year-old male air crew from Russia who also tested positive on arrival at Hong Kong airport had flown in via V4501, while the baby from Bangladesh was on his third day of quarantine at Grand City Hotel in Sai Ying Pun when he tested positive.

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The two remaining passengers are a 28-year-old man who came from France via CX206 and tested positive on arrival, and a 45-year-old man who flew in from Thailand and was found infected on his third day of quarantine at Best Western Hotel in Wan Chai.

They took Hong Kong’s total Covid-19 tally to 12,417 confirmed cases and one probable case.

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The CHP reminded the public that those who resided or worked in the same building as a local Covid-19 case involving a mutant strain will be subject to compulsory testing on specified dates. They will also be required to undergo self-monitoring until the 21^st day.

The details of currently enforced CTNs and the relevant dates may be found at www.coronavirus.gov.hk/pdf/CTN_Specified_premises_and_Dates_of_Testing.pdf).

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Filipina who took $3,200 left in ATM gets suspended 10-day sentence

 By Vir B. Lumicao

The defendant took the money from a BOC ATM in Central

A 36-year-old domestic helper who admitted taking $3,200 left by a fellow Filipina helper at an ATM booth in Central in May, received a 10-day suspended sentence in Eastern Court today, Nov 25, after she returned the money to the victim.

Defendant R.C. Alvior cried in remorse as she appeared before Magistrate Ada Yim for the reading of the charge in court. She had been on police bail since her arrest on Oct 23.

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The prosecution said that at 11:05am on May 16, the victim, Ruby Eustaquio, 42, went to a Bank of China ATM booth at EuroTrade Centre, 13-14, Connaught Road Central to withdraw money.

Eustaquio entered the amount of $3,200 that she was withdrawing but forgot to take the cash when she left the machine in a hurry.

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Several minutes later, she realized she did not have the money she withdrew and enquired with the bank.

The bank reviewed the ATM transactions on the machine on that particular day and time and confirmed that the money was not retracted by the terminal and the withdrawal was completed. The bank reported the case.

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Investigators reviewed the CCTV footage on May 16 at the ATM booth and saw a segment that caught Alvior inserting her own ATM card in the terminal after taking the money.

The investigators unveiled the identity of the defendant, which led to her arrest on Oct 23. Under caution, the defendant admitted committing the offense out of greed and that she had used all the stolen money for her mother's medical expenses.

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The prosecution said the defendant had a clear record.

In mitigation, the duty lawyer representing Alvior said his client, a widow who is supporting her 11-year-old son and 75-year-old mother with lung ailment, came to Hong Kong in 2018 to work as a domestic helper.

The counsel said on the day of the offense, she went to the BOC ATM booth to withdraw money which she would send home for her mother’s medication.

The lawyer said at the time Alvior’s mother had tested positive for coronavirus infection despite being asymptomatic and needed money for her treatment so the defendant had to send money home.

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Alvior admitted she was driven by greed to take the money left in the cash dispenser before withdrawing from her own account.

The lawyer said his client was remorseful and wanted to compensate the victim for her lost money. He said the woman’s Pakistani boyfriend was in court to pay the amount.

Magistrate Yim told the defendant to go to the court cashier to pay the compensation. When Alvior returned with her boyfriend half an hour later, Yim imposed a 10-day sentence that was suspended for 12 months.

She said she discounted the sentence by one-third from three weeks due to the defendant’s guilty plea, and shortened further to 10 days for compensating the victim. 

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Employer fined $6k for making FDH pay for quarantine and agency fee

By Vir B. Lumicao 

Tangub happily shows off her brand-new employment visa 

A Saikung employer who charged her Filipina domestic helper the cost of her hotel quarantine and part of the agency fee for her placement, has been convicted and fined $6,000 by the Kwun Tong Court for breaches of the Employment Ordinance.

Victory was doubly sweet for Ann Gerette Tangub, as she was issued an employment visa on Wednesday, Nov 24, by the Immigration Department so she could finally move in with her new employer.

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But it was also a bittersweet because Tangub has been jobless since Apr 25, or a total of seven months, while she pursued her claim against her employer, Sung Yuki Kathy, who also allegedly caused her to be sent to a psychiatric ward after firing her.

Tangub now looks forward to being paid a total of $21,310.32 that she is claiming from Sung in a case she filed with the Labour Tribunal.

In a letter sent to her by the Labour Department’s Prosecutions Division, Tangub was told that legal action was taken against the employer based on her complaint.

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While the letter did not specify the charges against Sung in two summonses Labour prosecutors had lodged with the court, it said the employer was convicted of the offences.

“You have provided information and completed a statement to this department to report the suspected breach of the Employment Ordinance against your ex-employer,” the letter said.

“The department has taken out prosecution against the employer. The case concluded on 11 November 2021 at Kwun Tong Magistrates Courts. The magistrate convicted the defendant and ordered a total fine of $6,000,” the Labour prosecutors said.

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The letter also said the court has ordered Sung to pay the deducted wages through the Magistrate’s Courts.

“The courts will approach you for collection of the sums once they received payment from the defendant,” the letter concluded.

The illegal deductions refer to the $1,500 that Sung  made Tangub pay over three months this year, saying the helper needed to pay half of the $7,800 fee collected by the employment agency.

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Tangub is also claiming the $4,280 that she had paid in advance for her 14-day quarantine on arrival in Hong Kong, $4,630 for a month’s salary in lieu of notice, arrears in wages amounting to $4,012.66; $2,469.33 for working partly on 16 of her rest days, air ticket of $3,200, reimbursement for $590 for food purchased, annual leave pay of $374.55, statutory holiday pay of $153.78, $100 food allowance and $180 hospital fee.

Labour's letter to Tangub informing her of the successful prosecution of her ex-employer

The distraught helper filed a complaint with the Labour Department on Jun 18 about the employer’s shabby treatment of her, starting from when she recruited from Manila on Jun 15 last year, until the night of Apr 25 when she was fired summarily.

On the day she sacked Tangub, Sung even called the police to get the helper taken by ambulance to Tseung Kwan O Hospital as purportedly a psychiatric case.

The Filipina sought help from Pieter Nootenboom, founder of the migrant support group, HKOFW, to resist her hospitalization for which she even had to pay the $180 admission fee, and get back at her employer.

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The worker claimed that Sung deducted $500 each month from her salary for February, March and April, saying this was to pay for her half-share in the agency fee.

As for the quarantine hotel cost, Tangub said she reluctantly agreed to pay for it as she had waited for six months to get to Hong Kong, and was afraid of the employer backing out.

After finishing her quarantine, the helper joined her employer at her house in Ha Yeung Village, Clearwater Bay.

Tangub said it was only then that she realized that apart from serving Sung and her young daughter, she would also work for the employer’s friend Gigi and her driver. She also said the address where she worked was different from that on her contract.

She also complained about being required to work for a total of eight hours, before leaving for her day-off and on her return.

The helper furnished the Immigration Department with a copy of her labour complaint against Sung, with an offer to give evidence if they decide to investigate her for possible breaches of immigration laws

For now, Tangub said she would attend to all matters that she has to do concerning her cases against Sung before joining her new employer. She said she will also follow up on the resumption of her stalled claim at the Labour Tribunal.

At the last hearing on Jul 7 the tribunal officer left his decision hanging on Tangub’s claims for working partly on 16 of her rest days and her having paid for her quarantine.

In the initial hearing, the helper rejected Sung’s offer to pay for 25 days’ wages, $100 food allowance and $180 hospital fee.

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Quarantined persons told to stop using valve masks

By The SUN 

Valve masks filter the air coming in, but not what the wearer exhales

Hong Kong authorities have officially banned newly arrived travelers staying at designated quarantine hotels from using masks fitted with a valve or vent.

In a statement issued tonight, Nov. 24, the government said that “a person under compulsory quarantine at a designated quarantine hotel and his or her accompanying carer must not wear a mask with any exhalation valve or vent.”

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The order follows experts’ conclusion that a returnee from South Africa had passed on the coronavirus with the N501Y mutant strain to a man in the opposite room in Regal Airport Hotel because he wore a valve mask whenever he opened his room door.

A microbiologist who investigated the cross-infection said the so-called “selfish mask” mainly filtered air that the wearer was inhaling, but not what he or she exhaled.

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“The risk posed to surrounding people will be increased if the wearer is infected with novel coronavirus or other respiratory viruses,” the government advisory said. 

The CHP advised quarantined people to wear surgical masks properly during check-in or when they open their hotel room door to effectively prevent the transmission of Covid-19.  At the same time, hotel staff and air crew are advised to remind guests and passengers not to use valve masks.

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No penalty was mentioned, but if similar quarantine-related guidelines are used as gauge, a violation could incur a maximum fine of $10,000 and imprisonment of up to six months.

Court heard the woman left her quarantine hotel twice in one day 

Meanwhile, a 37-year-old woman who left her quarantine hotel twice during her 14-day mandatory isolation was sentenced in Kowloon Court today to imprisonment for two weeks, suspended for 18 months.

According to a government statement, the woman left her place of quarantine twice on Jul 18 without reasonable excuse or permission by an authorized officer.

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Breaching a compulsory quarantine order is a criminal offence and offenders are liable to a maximum fine of $25,000 and imprisonment for six months.

As of today, a total of 202 offenders have been convicted for breaching quarantine rules and have received sentences including immediate imprisonment for up to 14 weeks or a fine of up to $15,000.

Separately, the CHP reported one more confirmed case of Covid-19 today, taking the total tally to 12,411 confirmed cases and one probable case.

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The patient is an eight-year-old girl who arrived in Hong Kong from Korea on Nov 13, and was moved to Penny’s Bay Quarantine Centre as a close contact of an imported case confirmed previously.

She developed symptoms on Nov 22, and a specimen she gave then tested positive for the coronavirus with the L452R mutant strain.

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