Judiciary suspends hearings, trims operations until Apr 11

 

Even the High Court will have only a few cases scheduled until next month

In an unprecedented move, the Judiciary has declared a General Adjournment of Proceedings (GAP), postponing all court hearings and trimming down its operations to the most essential in administering justice, from Monday, Mar 7 to Apr 11.

The month-long slowdown in court services is aimed at preventing the gathering of people amid the surge in coronavirus cases in Hong Kong.

“This GAP will substantially reduce the capacity and business of the courts, hence significantly enhancing social distancing and crowd control in all court premises,” the Judiciary said in a press statement.

It came after weeks of seeing a growing number of litigants asking to adjourn their cases for being “unfit to attend” due to Covid-19.

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“The Judiciary has been closely monitoring the public health situation since the outbreak of the fifth wave of the COVID-19 pandemic in January,” it said.

During this period, “the capacity and operations at all levels of court will be substantially reduced.…. striking a balance between public  health considerations and due administration of justice,”  it said.

For example, at the magistracies, where majority of court cases are filed, the tasks will be limited to:

•             Fresh remand cases.

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•             Cases with defendants in custody who have the legal rights to appear before a Magistrate to review his/her remand situation (“eight-day cases”).

•             Ongoing and part-heard trials as directed by the Court Trials as directed by the Court having regard to the urgency and other circumstances of the case.

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•             Cases with defendants remanded in custody pending reports as directed by the Court having regard to the circumstances of the case.

•             Sentencing cases with defendants remanded in custody as directed by the Court having regard to the circumstances of the case.

Other levels of the court – Court of Final Appeal, Court of Appeal, Court of First Instance, District Court, Family Court, Lands Tribunal, Juvenile Court, Labour Tribunal, Small Claims Tribunal, Coroner’s Court – listed similarly trimmed functions.

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At the same time, all existing preventive and crowd management measures will be maintained, including enhanced cleaning and disinfection of public and staff areas and mandatory body temperature check and the wearing of surgical masks within court premises. 

Visitors will continue to be required to use the "LeaveHomeSafe" mobile app and to show their vaccine certificates upon entry into Judiciary premises, the announcement said.

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Litigants and their lawyers who have Covid-19 symptoms such as fever, or are subject to any quarantine requirement or medical surveillance or compulsory testing while waiting for test results, or who have preliminarily tested positive or tested positive for COVID-19, will also not be allowed to enter.

“They should apply to the court as soon as practicable for permission of absence or inform the court with reasons for absence as appropriate,” it added.

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HK Covid-19 cases down to 37,529 but death toll rises to 220

By Daisy CL Mandap 

Doctors say people should remain vigilant because the infection remains severe

Hong Kong today reported a total of 37,529 confirmed cases of Covid-19 cases, a marked decrease from the more than 50,000 infections reported for the past three consecutive cases.

But Dr Albert Au of the Centre for Health Protection said the situation remained serious and  people should not rely on a single-day tally from PCR tests to conclude that the infection has eased.

“Or probably another reason is that more people are using rapid antigen tests (RAT) instead of PCR,” he said. “If we add the RAT result it should be about 50,000 or even more…so our analysis is it is still serious.”

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He spoke at the daily press update a few hours after respiratory expert David Hui said during a radio interview that 15 percent of Hong Kong’s 7.5 million population (or 1.125 million) have already been infected with Covid-19.

Hui said the numbers are based from the 15 to 20 percent positivity rate detected in the recent lockdowns of buildings across Hong Kong.

The government expert adviser also said the number would continue to increase before peaking in mid-March.

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“Many colleagues and friends of mine have tested positive through rapid tests, and are resting and isolating at home. So our case numbers will definitely rise, as these people haven’t been included in our infection figures,” he said.

Meanwhile, Hospital Authority’s Dr Larry Lee said a total of 220 additional deaths were recorded today, with 150 of them occurring in the past 24 hours. The additional 70 happened between Feb 24 and Mar 3 but were not reported on time.

Experts say results from RATs will give a better picture of the extent of the infection

They took the total death toll from the fifth wave of infections that began in late December to 1,561.

A total of 7,125 patients are being treated in public hospitals. Among them are 61 patients who are in critical condition, 40 of them unvaccinated; and a further 109 in serious condition, with 77 of them not having received a single dose of vaccine.

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Those who recovered and were discharged as of 9am today numbered 745, which is about 10% of the high-risk people who are in hospital.

Of the 150 people who succumbed in hospital yesterday, 90 were males and 60 were females, aged between 32 to 105 years old.

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Eighty-two were from residential care homes, which account for more than half of all deaths daily. All except 13 were aged 65 years old and above.

Those who did not have a single vaccine jab totaled 109, while 21 had a single dose and one was triple-jabbed.

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The patient who had three doses was a 32-year-old female who first tested positive on a rapid test on Feb 28. She was rushed to Princess Margaret Hospital on Mar 2 with fever and other serious symptoms and died yesterday.

A blood test showed some abnormality – maybe cancer, said Dr Lee.

Five others aged below 60 had chronic ailments like heart or kidney problems and cancer, while one suffered from brain hemorrhage.

Dr Au said a study conducted among the 1,344 patients who died earlier showed a whopping 91.3% had no vaccination.

“There is a huge difference in the death rate for those who were vaccinated and those were not,” he said.

A big number of them, or 909 patients, came from residential care homes, so Dr Au said more outreach teams have been formed to visit the facilities to administer vaccine to residents there.

He also said restricted testing declarations or lockdowns continue to be imposed on residential blocks where the virus was found in their sewage.

The virus is said to contain a heavy viral load so there is need to immediately isolate, test and treat residents there.

On the oft-repeated question on when the platform for declaring positive results for RATs will be set up, Dr Au said he could not give a definite answer, except that the government’s IT experts have been hard at work trying to resolve a lot of problems that may occur.

The biggest concern is that once it is set up, a big number of people – “maybe 150,000” he said – would rush to access the platform, causing it to get overloaded and prevent easy access.

But he said the platform is necessary because the RAT results are necessary to give the government a better picture of the extent of the infection.

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Govt warns employers who terminate FDHs with Covid-19 or treat them badly

By The SUN

Scattered bags of a FDH sacked after testing positive for Covid-19 (photo by Marites Palma)

The Hong Kong government has sternly warned employers that they face severe consequences if they dismiss their foreign domestic helpers after testing positive for Covid-19, or discriminate against them as a result of their infection.

In a statement issued today, the government said it “does not and will not tolerate any employers of  FDHs illegally dismissing FDHs who have suffered from the COVID-19 and in violation of the Employment Ordinance (EO).”

Under the Ordinance, an employer is prohibited from terminating the contract of employment of an employee on his/her paid sickness day, except in cases of summary dismissal due to the latter's serious misconduct.”

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Any employer who violates this provision commits an offence and if convicted, faces a maximum fine of $100,000.

On top of this, the government said that an employer who violates any of their obligations under the Labour Ordinance and the Standard Employment Contract amid the pandemic will be prevented from employing an FDH for a certain period, meaning their visa applications for FDHs will be refused.

“Employers are also reminded of the possible violation of the Disability Discrimination Ordinance if they treat their FDHs less favourably (for example, by dismissing them) because the FDHs have been infected with or recovered from Covid-19” said the statement.

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The government said it will be vigilant in taking enforcement actions against any violation of the law in collaboration with the relevant Consulates General.

FDHs who test positive for Covid-19 or are regarded as close contacts are assured that they will be given support like all citizens of Hong Kong, including those who should be given priority because they need to isolate outside a home.

In this connection, FDHs who are currently without an employment will be admitted to suitable facilities, with the support and help of relevant consulates, said the government.

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Currently, there are about 330,000 FDHs, mainly from the Philippines and Indonesia, who are working in Hong Kong.

“The HKSAR Government and the local community greatly value and appreciate the significant contributions rendered by FDHs in support of families and the local economy,” said the statement.

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“We much empathise with their not being able to visit their families back at home because of the ravaging epidemic. The HKSAR Government is committed to continue protecting the employment rights and interests of FDHs in order to maintain Hong Kong as an attractive place for FDHs to work.”

The govt says the number of workers who gather on their days off has dropped 

At the same time, it thanked both employers and FDHs for heeding the government’s advice to stay home as far as possible even on their rest days to reduce the number of people outside, and prevent the spread of the virus.

“Over the recent weekends, we noticed that FDH gatherings in popular spots had been significantly reduced,” said the statement. 

The government assured that it will continue protecting the rights and interests of FDHs in Hong Kong.

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"The 5th wave of the Covid-19 epidemic has hit us hard and we could only overcome this major challenge with the full support and co-operation of the community,” said the statement.

The full statement is here: https://www.info.gov.hk/gia/general/202203/05/P2022030500399.htm

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Pinoy ipinaaresto matapos hindi sumipot sa korte

 

Dinidinig ang kaso sa West Kowloon Magistrates' Courts

Isang Pilipino ang inutos na arestushin kanina matapos hindi sumipot sa pagdinig ng kanyang dalawang kaso sa West Kowloon Magistracy.

Si Crisencio S. Alanguilan II, 44 taong gulang at nakatira sa Lantau, ay nakatakda sanang sagutin ang mga paratang sa kanya na paglabag sa Dangerous Drugs Ordinance at sa Theft Ordinance ng Hong Kong.

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Nahuli ng pulis si Alanguilan sa Tung Chung, Lantau, noong Oct. 24, 2021 na may dalang isang plastic bag na may lamang methamphetamine hydrochloride o shabu.

Inakusahan din siyang nagnakaw ng isang bisikletang de kuryente na nakita sa kanyang poder. Ayon sa dokumento ng korte, hindi malaman kung saan at kailan ninakaw ang bisikleta, at hindi rin nalaman kung sino may-ari nito.

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Binigyan siya ng pagkakataong ipaliwanag kung bakit hindi siya sumipot sa paglilitis. Kung hindi niya makumbinsi ang korte sa kanyang paliwanag, kukumpiskahin ang piyansa na binayaran niya noong Jan. 18.

Iniutos ni Magistrate Cheng Lim-chi na arestuhin si Alanguilan matapos tawagin ang pangalan niya sa korte, at nalamang wala siya sa nakatakdang pagdinig. 

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Isang security staff sa korte ang lumapit sa mga taong nakaupo sa loob para ipagtanong kung isa sa kanila ang nasasakdal. Nung walang sumagot ay lumabas ito at tinawag ang pangalan niya. 

Pagbalik ng sugo sa loob ng korte ay kinumpirmang hindi dumating si Alanguilan.

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Nagtakda si Magistrate Cheng ng bagong piyansang $3,000 para sa pansamantalang paglaya ni Alanguilan sakaling mahuli siya at iharap sa korte. 

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HK posts over 50k Covid-19 cases for 3rd straight day; 188 deaths

By Daisy CL Mandap

Hospitals remain crammed with high-risk patients such as the elderly (File Photo)

Hong Kong reported 52,523 new coronavirus cases Friday, the third consecutive day that the infection rate breached the 50,000-mark. This took the city’s total Covid-19 tally to 390,449 cases in the fifth wave alone.

As before, health authorities emphasized that the daily tally only covered results from PCR tests and not from rapid antigen tests (RATs) which most residents have been using since last week, when the government said these would also be considered as confirmed cases.

The death toll was at its highest, with 188 Covid-19 related cases reported, 136 of them happening within the past 24 hours.

Dr Albert Au of the Centre for Health Protection said at today’s press conference that the infection has not peaked yet as there is still widespread transmission in the community, so people still need to continue observing strict anti-epidemic measures.

He reiterated that the daily confirmed data being reported merely reflect results from PCR tests, and not from RATs, which could involve hundreds of thousands more cases.

“We can be certain the infection is very severe,” he said, adding that the government is sticking to its “identify, isolate and treat” policy in tackling the surge in cases.

Au also said an online platform that will be set up to gather data from people who test positive from RATs is still being fine-tuned to cope with the high volume of traffic that would surely come as soon as it becomes available.

According to guidelines issued on Feb 26, those who test positive on a RAT test should isolate at once. If they had two Covid-19 vaccine shots they can test themselves again using RAT on days 6 and 7, and if the result is negative they can end their isolation.

No government notification is necessary to complete the process of testing and isolation.

Once the platform is set up, patients will be asked to submit a copy of their Hong Kong ID cards as well as screen shots of their positive result from a RAT. They will be able to get a medical certificate once their data is uploaded into the system.

Au said one of the problems being addressed in setting up the reporting platform is to safeguard against privacy data violations.

Meanwhile, Dr Larry Lee of the Hospital Authority said that all except five of the 136 patients who passed away yesterday were elderly people, meaning they were aged 60 and above. They comprised 76 men and 60 women aged between 29 and 102.

Most or 97 of the patients did not have any vaccine dose, 17 had two doses, while 22 had a jab each.

Seventy-three of them came from care homes, including the 29-year-old man with disabilities who was admitted to hospital on Feb 23 after experiencing fever and shortness of breath. His condition deteriorated until he died yesterday.

Lee said 52 other deaths which occurred earlier were only just reported. They were made up of 33 males and 19 females aged 56 to 104 years old.

The newly reported fatalities raised Hong Kong’s death toll from Covid-19 to 1,401 in the fifth wave alone, the highest rate per capita in the world.

Hospitals will suspend all non-emergency services from next week, when the infection is expected to peak

Lee also said that to free more medical personnel for Covid duties, all government outpatient clinics will only dispense medicines and not provide treatment from next week. The service hours will also be cut to reduce the number of visitors.

At the hospitals, all non-emergency services will also be suspended, amid expert reports that the current wave of the pandemic will peak by next week.

At the same time, Lee denied rumors that there is a shortage of oxygen in public hospitals which are currently treating a total of 7,306 Covid patients.

"Our situation is we have some patients who are being cared in some areas without central supply so we have to provide oxygen for these patients in need with cylinder oxygen,” he said.

These patients are now being repositioned so they can get their oxygen supply directly from the hospital’s central supply, which has no problem at all, said Lee.

Among the patients receiving treatment at public hospitals, 54 are in critical condition, 37 of them unvaccinated. Another 85 patients are in serious condition, and 59 of them are unvaccinated.

 

Woes continue for Filipina DHs who contract Covid-19

By Daisy CL Mandap

Lei Yue Mun camp, where a Filipina DH was taken after testing positive in a lockdown

Foreign domestic workers continue to bear the brunt of the relentless surge in Covid-19 infections across Hong Kong.

Despite warnings from the government that FDWs who contract the coronavirus disease should not be terminated or discriminated against, many employers refuse to take heed, even with the threat of a fine of up to $100,000 or prosecution under the Disability Discrimination Ordinance.

The workers are most vulnerable because once they are kicked out of their employers’ homes they have nowhere to go. Those who are not sacked outright are made to feel like outcasts they end up feeling they should just leave, or suffer more abuse.

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Many non-government organizations and churches have stepped up to help, but with no signs of the fifth wave of infections peaking just yet, many of the places that have been offered them for their isolation have all been filled up by now.

A few initially got lucky because just as they were about to be thrown out onto the streets by their employers they were told they would be moved to an isolation facility. But to their dismay, life just got worse when they returned to their employers’ house after their compulsory isolation.

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One of these was Malen, who was tested positive during a lockdown of their building in Sau Mau Ping on Feb 24. As she was the only one in their household who was found infected, her employer immediately ordered her to leave and go to a public hospital, knowing full well that she would just be turned away there as she had only mild symptoms.

As Malen frantically started calling for help, news came that she was just one of 163 people who had tested positive in their building, so the government decided to take them all to the Lei Yue Mun isolation camp.

Lei Yue Mun camp on a lonely night

On Wednesday, after Malen tested negative on her 6^th and 7^th day in isolation, she was told she would be released. She was put on a van that same night and taken to a bus station where she took a ride home.

What greeted her on her return to her employer’s flat was worse than on the day she left, when she was all but practically pushed out the door. Malen said the first thing that her employer did was to order her to throw out all the clothes that she had used while in isolation.

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“Sobra itong amo ko, dapat hindi na lang niya ako tinanggap,” Malen wrote. (My employer is terrible, she should have just turned me away).

“Sobra yung discrimination pag-uwi mo ng bahay. Bakit daw hindi 14 days ako nag-stay doon, tapos yung hamster at halaman daw namatay dahil nahawa sa akin.” (The discrimination shown me on my return home has been too much. She asked why I was not kept in the facility for 14 days, then she said the hamster and the plant in their home died because I passed on the virus to them).

Malen is now seriously thinking of just quitting, but is unsure of where she’ll go at such a difficult time. If she decides to stay and try her luck at looking for a new employer she knows she will have to wait interminably for the Immigration Department to decide on her case.

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More importantly, she will have to look for a place to stay and pay for her own food and other expenses while waiting for a new employment visa that might never come.

Another worker suffered a similar fate after she was released from a 14-day stay at Penny’s Bay isolation facility, also on Wednesday. When she dared ask for more food during a meal, her employer immediately told her to pack her things and leave.

According to Marites Palma, founder of Social Justice for Migrant Workers, the second Filipina was just one of four domestic workers who were driven out of their employers’ homes on Wednesday.

Another worker, Jessie, was told to self-isolate inside her employer’s car parked in open air in a Kowloon Tong estate after she tested positive. A third was driven out after she ran a fever and her employer thought she might have the virus, while the fourth was sacked after she begged to be given more food.

Palma said all four women have now been given shelter by different groups, but the trauma of having been thrown out on the streets amid the pandemic lingers. 

Bags belonging to one of the Filipinas sacked Wednesday night (Palma's photo)

Jessie was not the first to have been shooed out of the house and told to camp inside her employer’s car.

Another helper, Ruby, chickened on her first attempt to protest the unconscionable act on Feb 21. She said her employer was warned by someone from the Consulate after she reported her plight, and in turn, she was scolded.

But after two days inside the car’s cramped space, Ruby finally took up an invitation from Social Justice and a non-government organization to move to a temporary isolation facility.

There have been many others who had to spend the night out in the cold and rain last week because they were unceremoniously sacked or driven away. Many more could suffer the same fate unless more people, or the Hong Kong government with prodding from the Philippine Consulate, open isolation facilities for them.

As Palma said in a Facebook post, “How many more workers will be kicked out when they get sick or when they ask for more food?”

If the situation was dire previously for FDWs who were driven out of their employers’ house at the mere expediency of a month’s salary in lieu of notice, it is much more so now with the coronavirus raging, stoking unreasonable fears and heightened discrimination.

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Covid-19 cases surge to 56,827 while Omicron deaths top 1k mark

By Daisy CL Mandap 

The Omicron variant has proved to be deadliest in Hong Kong

The coronavirus outbreak in Hong Kong continues to worsen, with another record-high 56,827 new cases being reported today, while the death rate in the fifth wave has surged to 1,153.

The newly reported infections took Hong Kong’s total Covid tally in the fifth wave alone to 337,926 cases.

But health officials say the real extent of the infection could be far more serious, as the confirmed reported cases only came  from PCR test results, and did not include those from rapid antigen tests (RATs), which are used by a lot more people now.

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“We estimate that there are hundreds of thousands of patients tested with RAT but we cannot confirm them,” said Dr. Albert Au of the Centre for Health Protection at today’s press briefing.

Au said the platform through which RAT-positive patients could upload their information as well as those of their household contacts will be set up “in due course”. Previously, officials said it would be launched this week.

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The delay, said Au, is due to fear the system would crash from the volume of people who would rush to upload their RAT results.

“People with mild or no symptoms have not received PCR tests but have been tested positive with RAT so the traffic will be very high,” he said.

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He said CHP could not estimate the actual infection figure, but with the confirmed daily tally already breaching the 50-thousand mark, he said there is a big chance the positive results from RATs will be far more.

Adding to the grim picture was the record number of Covid-related deaths reported today.

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Hospital Authority’s Dr Larry Lee said 144 deaths were recorded on Wednesday, with an additional 43 that happened between Feb 24 and Mar 1 but were not reported on time.

The additional deaths pushed Hong Kong’s fatality toll from the fifth wave to 1,153.

Unvaccinated elderly people are high risk for serious Covid-19 infections, and death

Some reports say the city, which has a population of only 7.4 million, now has the highest fatality rate per capita in the world, surpassing even the worst daily figure posted in the United States, which used to hold the unenviable record.

Lee said that an overwhelming majority of those who died yesterday were elderly and unvaccinated - a pattern that has emerged since the Omicron wave spread through Hong Kong.

Of the 144 who died, 85 were males and 59 were females, aged 42 to 102. Except for 10, all the patients were aged above 65 years old. Fifty-six of them came from residential care homes.

No vaccination records were found for 124 patients, while 10 patients had two doses of a vaccine; and 10 others, one jab each.

All but one of the eight casualties who were aged below 60 years old had chronic illnesses like cancer while one had a mental disability.

The only one who had no serious medical problem was a man aged 54 who was rushed to United Christian Hospital on Feb 24 with fever and shortness of breath. He was eventually found to have a blocked artery and passed away yesterday.

Although he had diabetes and high blood pressure, the man did not have serious health issues, said Lee, so his case has been passed on to the coroner for investigation.

Lee said that among the 6,698 Covid-19 patients being treated in public hospitals, 78 are in critical condition while 116 are seriously ill.

A total of 720 patients with mild or no symptoms have been admitted to the Penny’s Bay isolation facility.

With public hospitals operating at capacity, Lee said the HA has been talking with  private hospitals to see if they would take in Covid patients with mild or no symptoms.

He said the CUHK Medical Centre has agreed to the proposal, and has reserved 24 beds for this purpose.

Meanwhile, Au dismissed a report that a new mutation of the Omicron variant was responsible for the deaths and serious side-effects on young children.

He said that so far, all the results of their tests showed it is still the Omicron BA.2 strain that is still circulating in Hong Kong.

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