Court shuts down Filipina’s asylum bid, makes her pay costs

The case was heard at the High Court in Admiralty

A High Court judge not only ended a Filipina’s appeal to reverse a rejection of her asylum application, but  also prohibited her from filing similar appeals to keep her case alive in the courts.

And to emhasize his ruling to Jamaicha Baguindo Bansiles, Court of First Instance Judge Russell Coleman ordered her to pay the $35,000 cost of the proceedings.

As a non-refoulement claimant, Bansiles is not allowed to work in Hong Kong.  “But the lack of means should not be an absolute shield from the financial consequence of pursuing hopeless cases,” Judge Coleman in his decision published Jan. 31, 2021.

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“Indeed, in the present context, it is all the more important to bring home the message that habitually and persistently instituting vexation litigations would be met with appropriate costs orders,”  he added.

Judge Coleman was ruling on a case brought by the Immigration Department against Bansiles, invoking Section 27 of the High Court Ordinance, which allows the court to restrict a person's right to be heard in court.

Bansiles arrived in Hong Kong as a domestic helper but was terminated the next year and has since overstayed. When she was arrested on March 15, 2009, she applied for non-refoulement, which prevents her being sent back to the Philippines.

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Her reason for seeking such protection: she risks being harmed by two loan sharks in Philippines for failing to repay her debts.

Immigration rejected the claim in 2012, and she started nine years of what was described by the court as “habitually and persistently instituted vexation proceedings.”

She appealed to the Torture Claim Appeal Board (Board) and was rejected in 2013. She sought judicial review and her case was returned to the Immigration Director for fresh determination, but was rejected in 2016.

She went back to the Board, and was rejected in 2017.

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She went up to the High Court, and used the next four years going from the Court of First Instance to the Court of Appeal, but instead of asking it to rule on laws that were supposedly violated in rejecting her case, Bansiles raised the same arguments that were rejected previously, with added details.

Judge Coleman also noted arguments that were not relevant to her case, which “suggest that the defendant might have copied and pasted one of the circulating templates from another non-refoulement case.”

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“It is apparent that care was only given to ensure that the right forms were filled in and filed with the Registrar to enable the Defendant’s case to advance level by level in the appellant system. This is in stark contrast to the very little thought that had been put into the identification of her grounds of review/appeal,” Judge Coleman said. 

“I also find that, as submitted for the Director, the Defendant instituted those proceedings for the collateral purpose of delaying her removal from Hong Kong,” he added.

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Covid-19 cases hit all-time high of 614, about 600 more pending

By Daisy CL Mandap 

Many of the new infections were acquired from gatherings over the Lunar New Year

 An unprecedented 614 new confirmed cases of Covid-19 were reported today, Feb 7, with about 600 others testing preliminary positive. The new figure is 57% more than the previous record of 351 cases logged on Saturday. 

Health officials who disclosed the record figures at today’s press conference, however, said it is not likely that the daily tally will breach the 1,000 mark in the next few days.

Dr Edwin Tsui, controller of the Centre for Health Protection, said the surge in cases is mainly the result of people gathering together over the Chinese New Year holidays, and whose infections are just being detected.

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“This is the effect of the gatherings during the Lunar New Year. We cannot be sure it will result to 1,000 or more because we are still conducting containment measures,” Tsui said.

From past experiences, he said cases would rise in certain places abroad if there were no containment strategies being implemented.

“Hopefully with all the social distancing measures (and our appeal) to members of the public not to gather, stay home…we hope with these measures and our current containment measures, we can still contain the disease.”

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As part of infection control, the government will move Covid-19 patients who are asymptomatic or have mild symptoms to Penny’s Bay Quarantine Centre from tomorrow, Tuesday.

Hospital Authority’s chief manager Larry Lee said the move will free up beds at public hospitals for patients with more serious symptoms.

Lee also said that among the 1,668 patients still being treated in public hospital, two are now in critical condition: a 77-year-old woman an 80-year-old man who both have the Delta variant and are not vaccinated.

One other patient is in serious condition, while the rest are stable.

The doctors at the press conference say HK's containment measures still work

While Penny’s Bay is turned into an isolation facility for the least ill Covid-19 patients, close contacts will soon be allowed to quarantine at home for 14 days after authorities confirm that their flats are suitable.

During their home quarantine, close contacts will be made to wear tracking bracelets and will not be allowed to receive guests or have contact with anyone from outside, but must provide for their own needs.

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Hui appealed to online shops to accept food delivery orders for those under home quarantine, and said he hopes their friends and relatives will also help. But he stressed there should be no contact or cash exchanges during deliveries.

Quarantined people will only be given a thermometer and some rapid antigen test kits for Covid-19. Officials say anyone who tests positive during the 14-day period must notify authorities immediately.

Meanwhile, CHP’s infectious disease chief Dr Chuang Shuk-kwan said only seven of today’s confirmed cases were imported. Of the 607 local cases, 31 had the Delta strain, while the others are suspected Omicron carriers.

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Only 150 of the cases have been so far linked to previous infections.

Chuang also said that of the 342 local cases recorded Sunday, 219 were unlinked.

She said she would no longer discuss individual cases given the big number of infections that have been showing up lately.

But she cited in particular cleaners, security guards and construction site workers, whose infections must have been detected according to her, because they were tested regularly.

She also confirmed that two cross-border truck drivers tested positive. Reports said this caused a heavy backup at the border, and halted many vegetable deliveries to Hong Kong.

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Remains of Filipina DH allegedly hit by partner set to return home

By Daisy CL Mandap

Ivy during a happy time in HK (photo from her sister Analyne)

A Filipino domestic helper who could face charges of either murder or manslaughter over the death of his Filipina girlfriend appeared in Eastern Court again today, Jan. 7.

Bernie Macatangay Valencia, 42, was not asked to make a plea, as the prosecutor again applied for an adjournment pending the result of the autopsy and forensic report on the alleged victim, Ivy V. Quiabang.

Told that the defense had no objection to the application, Magistrate Ada Yim approved the application. She also ordered Valencia remanded in custody until his next court appearance on May 3 after he indicated through his counsel that he did not intend to apply for bail.

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Meanwhile, the head of the assistance to nationals section of the Consulate said they are just about to start working on repatriating Quiabang’s remains after getting back her passport from the police today.

Consul Paul Saret, who heads ATN, said the passport will be given to the funeral parlour tomorrow. “Only then can the schedule of the repatriation be finalized by the funeral company,” he said.

The news was welcomed by Quiabang’s sister, Analyne Villaluz, who has contacted various government departments to ensure a speedy repatriation of her sister’s remains, and for justice to be served her.

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Villaluz said her sister’s friends in Hong Kong are also asking about the funeral arrangements so they can say a final goodbye to her.

Valencia remains charged with wounding with intent, although the prosecution said during his previous court appearance on Jan 3 that the charge against him could be upgraded to either murder or manslaughter after Quiabang’s death the day before.

He was arrested on the night of Dec 23, after taking an unconscious Quiabang to Ruttonjee Hospital. After investigation, the police took him to court on Christmas Day, to face a charge of intentional wounding.

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A police report said the couple fought on Dec. 22 at their boarding house on Stone Nullah Lane in Wanchai, which ended with the accused hitting the woman, knocking her out. She was taken to Ruttonjee Hospital the next day, still unconscious.

After doctors saw that Quiabang had suffered brain hemorrhage she was moved to Pamela Youde Nethersole Eastern Hospital where she was operated on, but she never regained consciousness. She passed on at 7:52am on Jan. 2.

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Quiabang, who was separated from her husband and had two daughters aged 11 and 15, had worked for the same employer for eight years and was issued her new employment visa on Dec 23.

She was due to start working for her new employer on the day she died.

Valencia, on the other hand, had gone back to the Philippines after working for sometime in Hong Kong. He returned only in September last year, and was looking for a new employer after the previous one relocated abroad.

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Pinay na residente, balik-korte sa bintang na pagpatay sa sariling sanggol

Ang nasasakdal noong siya ay inaresto. (Larawan mula sa Sing Tao Daily)

Itutuloy sa Mayo 10 ang kaso ng isang Pilipina na inakusahang pumatay sa bagong silang niyang anak na babae sa Lantau noong Feb. 1, 2020.

Humarap kanina si J.G.Villanueva, 23, sa Eastern Magistracy sa sakdal na manslaughter, na may parusa sa ilalim ng Offenses against the Person Ordinance, ng hanggang habambuhay na pagkabilanggo at multang ipapataw ng korte.

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Ayon sa kanyang abogado, kailangan pa nila ng dagdag na palugit upang makumpleto  ang hinihintay na resulta ng isinagawang medical at psychological na pagsusuri sa akusado.

Kailangan pa rin daw kausapin ang tagausig kung dapat bang palitan ang kasong dapat harapin ni Villanueva, ayon sa abogado.

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Pumayag naman si Magistrate Jackie Ip Kai-Leung sa hiling ng abogado ni Villanueva matapos na hindi tumutol ang tagausig.

Mananatiling nakakulong ang Pilipina, na dating nagtatrabaho bilang receptionist sa isang gym, at hindi na siya muling humiling na payagan siyang magpiyansa para sa kanyang pansamantalang paglaya. 

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Unang kinasuhan sa West Kowloon Court si Villanueva noong Feb 2, 2020, matapos makita ang isang patay na sanggol sa isang maliit na daanan katabi ng gusaling tinitirhan niya sa Tong Fuk Tsuen, Lantau South.

Nakita ng mga pulis na nakakabit pa ang umbilical cord at placenta sa sanggol na babae, pero patay na ito.

Lumabas sa imbestigasyon ng pulis na ang bata ay itinapon mula sa mataas na lugar, at si Villanueva ang ina.

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Unang kinasuhan si Villanueva ng pag-abandona sa sanggol, pagkatapos ay ang pagtatago ng pagpanganak niya dito. Matapos ang karagdagang pag-iimbestiga ng mga pulis ay pinalitan ng manslaughter ang sakdal sa kanya noong Aug. 6, 2020.

Hiniling ni Villanueva na payagan siyang lumaya pansamantala kapalit ng $20,000 na piyansa pero hindi siya pinayagan ng korte.

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Health officials warn of hundreds of infection chains as cases hit 342

By Daisy CL Mandap

 

Dr Lam says at least 320 cases came from untraceable sources

A Hong Kong health official has warned that there are at least 320 unknown sources of Covid-19 transmission in the city, as 342 new infections were recorded, all of them locally transmitted.

Director of Health Dr Ronald Lam said in Sunday’s press briefing on the Covid-19 situation, the figure represents the number of cases that could not be linked to previous infections.

The surge in infections is expected to continue tomorrow, as more than 300 preliminary positive cases were recorded as of 4pm today.

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“Bearing in mind that one case can spread to more than one person, representing one transmission chain, so the minimum is 320,” he said.

“So it’s a very severe and widespread situation in terms of spread in the community and it is essential and critically important that we continue the containment policy, especially using the most effective tools of contact tracing, quarantine and also sending those detected cases to the hospital.”

He said the untraceable cases were found mostly in the districts of Sham Shui Po, Shatin, Kowloon City, Kwai Hing and Wong Tai Sin.

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Lam said many of the recent cases resulted from cross-family gatherings, and because of this, he again issued an appeal to residents to avoid visiting other people’s homes.

“One of the characteristics of this new wave is that there were a lot of cross-family gatherings, especially during the Chinese New Year. We expect that there will be more cases to come. Out of concern for family members they should reduce such family gatherings,” he said.

He also appealed to relatives of elderly people in care homes to arrange for their family members’ vaccination, citing figures showing a vaccination rate of only about 20% for those aged 80 and above, and 50% for those between 70 and 80%.

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While the prevalent Omicron variant of the coronavirus is highly transmissible, he said unvaccinated people could spread it even more.

He cited the case of a female air crew member who passed on the virus to family members who were unvaccinated like herself. The infection spread rapidly because the entire family was unvaccinated.

Another example was the husband of a Pakistani woman who acquired the Omicron from Silka Seaview Hotel in Yau Ma Tei during quarantine. The man who was unvaccinated, sparked the spread of the coronavirus in Kwai Chung Estate, where 768 cases have been found so far.

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Dr Chuang Shuk-wan of the Centre for Health Protection said of today’s cases, around 100 are linked to previous infections while the remaining ones are still under investigation.

Yesterday, she said 136 of the record 351 cases reported remain untraceable.

Some of today's cases visited Che Kung Temple over the Lunar New Year holidays (File)

Three outbreaks at elderly homes are being investigated. In one located on Un Chau Street in Sham Shui Po, a 93-year-old unvaccinated female patient has tested positive, causing about 30 people in the facility had to be moved to quarantine.

In another case, a staff member of a Salvation Army care home has tested positive, causing the evacuation of some 40 residents.

In another home in Ho Man  Tin, two positive cases two preliminary positive cases have been found, including one kitchen worker and one nurse. Chuang said it's likely that some residents there need to go to quarantine.

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Her other updates:

At a Sham Shui Po mosque where between 20 to 30 people gathered to pray, 11 people have tested positive, while one is preliminary positive case.

In virus-plagued Yuen Long Plaza, 13 people have tested positive.

Chuang said many of the new cases had eaten out during the Lunar New Year, while some had been to the Po Lin Monastery in Lantau and the Che Kung Temple in Shatin.

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Paano maiwasang malimas ng ibang tao ang pera mo sa bangko

Kung nakatanggap ka ng text sa iyong mobile phone o sa WhatsApp, na nagsasabing ito ay iyong bangko at may problema sa account mo, magduda ka na. Malamang ito ay “phishing” text.

Ang mga mensaheng ito – gaya ng pinakabagong kumakalat na mensahe na nagsasabing naka-freeze ang iyong account at nag-uutos na magpunta ka sa isang website sa pamamagitan ng hyperlink na nakasaad dito --  ay tinatawag na “phishing”, isang tangka na makuha ang impormasyon mo na pwedeng gamitin upang manakaw ang pera sa iyong account.

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Halos pare-pareho ang modus nila: Papadalhan ka ng mensahe na may problema sa iyong account at hihimukin kang magpunta sa isang website, para doon mag-log in. Dito mo maibubunyag ang iyong impormasyon gaya ng account number at password, sa pamamagitan ng pagfill-up ng form dito. 

Kapag nakuha na ang datos mo, madali nang buksan ang iyong internet bank account. Kung ito naman ay credit card, ang iyong number at ilan pang bang detalye ay pwede na nilang gamitin sa pag-shopping, na malalaman mo lang kapag sinisingil ka na ng bangko sa mga pinamili nila. 

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Isang Pilipinang residente ng Hong Kong na umuwi na sa Pilipinas ang nabiktima ng ganitong phishing operation. 

Nakatanggap daw siya ng email mula sa kanyang bangko na may problema sa kanyang account at hinihinging mag log-in siya sa website gamit ang “hyperlink” na nakasaad sa mensahe. 

Dahil hindi siya masyadong maalam sa internet ay pinabayaan niya ang dalagang anak na gawin ang sinabi sa emal. Nag log-in ang anak niya at malayang binigay ang kanyang account number at password, pero ang napuntahan pala nito ay isang pekeng website ng kanyang bangko.

Pagkatapos ang ilang araw ay nalaman niyang nalimas ang mahigit $600,000 mula sa kanyang account na naipon nila ng yumao niyang asawa simula pa noong sila ay nagtatrabaho sa Hong Kong.

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“Nagreklamo kami sa bangko namin, pero wala silang magawa dahil ang nagnakaw ay gumamit ng aming account number at tunay na password,” ika ng nawalan.

Ayon sa Hong Kong Monetary Authority, na nagsisilbing central bank dito, hindi gawain ng mga bangko na magpadala ng ganitong mga text message sa kanilang mga customer. Hindi rin nagtatanong ang bangko ng mga personal na detalye ng kanilang mga customer sa pamamagitan ng telepono, text o email. Hihingin lang ang mga impormasyon gaya ng account number at password, kung ang customer mismo ang tatawag sa Customer Service ng bangko o makakipag-transaksyon nang personal.

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Naglabas ng ganitong paalala ang HKMA matapos magbabala ang ilang bangko sa kanilang mga customer.

Halimbawa, ang Hongkong and Shanghai Banking Corporation Limited (HSBC) ay naglabas kamakailan ng paalala sa mga customer nito na huwag maniwala sa mga text message na nagsasabing ang kanilang credit card ay na-freeze at dapat ayusin sa nakalagay na web address.

Ipinaalala ng HSBC sa mga customer na magpunta lamang sa opisyal nilang website, http://www.hsbc.com.hk, kung magkikipag-transaksyon sa internet. Kung kailangan nila ng tulong, pwede silang tumawag sa 2233 3000.

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Naglabas din ng parehong patalastas ang DBS Bank (Hong Kong) Limited laban sa ganitong phishing operation.

Ayon sa HKMA, kung isa ka sa mga nagbigay ng iyong mga detalye sa ganitong raket, agad tumawag sa iyong bangko upang pigilan ang mga transaksyon na wala kang pahintulot. Pwede ka ring tumawag sa Cyber Security and Technology Crime Bureau ng Hong Kong Police Force sa 2860 5012.

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Consulate appeals to Filipinos to stay at home

The Philippine Consulate has echoed the call of the Hong Kong government for people to remain at home amid the worsening Covid-19 situation in the city.

The appeal was posted on the Consulate's Facebook page on Saturday, Feb.5, as Hong Kong reported 351 new Covid-19 cases, the highest number ever posted since the pandemic began two years ago.

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In the advisory, the Consulate said it will remain open, but urged members of the Filipino community  to consider delaying non-urgent transactions for now.

The call is not likely to resonate well with some members of the community who feel that Filipinos, especially domestic workers, are being singled out especially since locals were not included in such appeals in the past.

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This time around,though, top Hong Kong officials themselves have been earnestly urging everyone to remain at home since many of the cases being uncovered now came from gatherings over the Lunar New Year, particularly among family members living in different households.

In addition, hundreds of cases uncovered in the past few days were untraceable, indicating a lot of hidden transmissions going on within Hong Kong.

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In its advisory, the Consulate also urged Filipinos to obey social distancing rules, and to get vaccinated if they have not done so yet.

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