Filipino accused of threatening to burn down Consulate faces 3 charges

By The SUN

The lift lobby of the Consulate where Bondoc allegedly loitered on Mar 28, 'causing concern'

A Filipino male resident who allegedly threatened to burn down the Consulate in a phone call last January was today charged in Eastern Court with two more offences.

Ronald B. Bondoc, 41, whose occupation is listed as architectural designer, looked and sounded calm when the three charges of criminal intimidation, common assault and loitering were read out to him before Magistrate Ada Yim.

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He replied in a loud voice, “I understand. Naiintindihan ko” when asked if he understood each of the three charges that were read out to him.

In the first charge of criminal intimidation, Bondoc was alleged to have called up the Consulate last Jan 22 and threatened “to cause injury to the property of the Consulate General of the Philippines in Hong Kong and with injury to a male named Arnel.”

The call was answered by female staff member Lhyndzie Anne Mapor.

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The second charge of common assault resulted from Bondoc’s alleged act of pushing to the ground another staff, Edmound R. Cortes, who had allegedly tried to stop him entering the Consulate on Jan 24.

In the third charge, he was accused of loitering in the lift lobby of the Consulate on Mar 28, “causing concern.” The charge said, “your presence there alone caused any person reasonably to be concerned for (their) safety or well-being.

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The intimidation charge replaced an earlier one for “possession of offensive weapon in a public place,” in which Bondoc was originally accused of carrying a 60cm long metal bar into the lift lobby of the Consulate on Mar 28.

At the prosecution’s request, Magistrate Yim adjourned the case to July 28 for plea. The defense lawyer said more time was needed for further legal advice and for obtaining medical reports on Bondoc.

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During earlier hearings, the court was told the defendant was committed to hospitals after his arrest on Mar 28.

His bail of $500 was extended on the same terms until his next court appearance.

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Immigration warns anew against illegal employment

 

Immigration officers escort one of the women arrested for working illegally.

The Immigration Department has renewed its warning against illegal employment after it arrested three men and three women suspected of working illegally, a man aged 32 who hired them and another man aged 24 who helped them.

The eight were arrested in three operations launched from May 30 to June 1 by Immigration officers, who raided 47 locations such as food and beverage areas, industrial buildings, premises under renovation, residential buildings, restaurants and retail shops.

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Of the six arrested for illegal work, one was a holder of a recognisance form which prohibits her from taking any employment, and two women who were in possession of forged Hong Kong identity cards.

The Immigration Ordinance prohibits visitors and those with conditions of stay in their visa, such as domestic helpers, from taking up employment, whether paid or unpaid, without the permission of the Director of Immigration.

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“Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties," Immigration said in a statement.

Also prohibited from taking up employment, or establishing or joining in any business, are persons who are subjects of a removal order or a deportation order, overstayers or those refused permission to land. If convicted, they could be fined up to $50,000 and jailed up to three years.

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Those who use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person “are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment," the statement added.

Immigration also said that the penalties for those who employ people who are not lawfully employable have been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences.

The High Court has also laid down sentencing guidelines which require such employers to be given an immediate jail sentence, the statement added.

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The law requires all employers to to make sure a person is lawfully employable before hiring them.

“Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings,” Immigration said.

“It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year,” it added.

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Labour again tells FDWs to avoid gathering during long weekend

By The SUN

 

Even the beaches will be patrolled over the next 3 days, says Labour (File)

We will be watching you again this coming long weekend. This appears to be the message sent out by the Labour Department to foreign domestic workers in a statement released today, Jun 2.

Tomorrow is Tuen Mun Festival, one of the 13 statutory holidays enjoyed by FDWs in Hong Kong. Many of them will also be spending their weekly day-off either on Saturday or Sunday.

In its statement, the LD said it will conduct joint operations with other government agencies such as the HK Police, Food and Environmental Hygiene Department, the Home Affairs Department and the Leisure and Cultural Services Department over the next three days to enforce social distancing measures.

Under the current regulations, no more than four people could gather together and everybody should wear a mask while in public. Violators will be meted a fixed penalty of $5,000.

Among the places that will covered during the joint enforcement operation are the Peak, beaches in Southern District, Edinburgh Place, the pedestrian zone on Chater Road and Statue Square in Central, Tamar Park in Admiralty, Victoria Park in Causeway Bay; the North Point Promenade, Quarry Bay Park, the Star Ferry Pier in Tsim Sha Tsui and Lo Tak Court in Tsuen Wan.

The statement reminded FDWs to strictly observe the regulations and avoid gatherings, even in boarding houses; and avoid the sharing of food and other social activities during their holidays.

They are also urged to stay at home to rest “as far as possible in order to safeguard their personal health and reduce the risk of infection.”

At the same time, the statement called on employers to explain the pandemic situation to their FDWs when discussing rest day arrangements.

Under the Employment Ordinance, the employer could assign a different rest day for the FDW who should, however, give consent. The new rest day should be within the same as the original day-off, or within 30 days after it.

The LD also reminded employers that they should not require their FDWs to work on their rest days. If an employer requests the helper to work on a rest day, a substitute day should be set for the worker to take a day-off.

The employer must also inform the FDW about the alternate day-off within 48 hours after the latter is required to work.

Any employer who forces a FDW to work on a rest day is liable to prosecution and, upon conviction, to a maximum fine of $50,000. Any inquiries on FDW employment may contact the dedicated hotline at 2157 9537 (manned by 1823), by email to fdh-enquiry@labour.gov.hk or through the online form on the dedicated portal (www.fdh.labour.gov.hk).

 

 

Big jump in Covid-19 cases thought to be from delayed RAT results

by The SUN

 

Tsui advises recovered patients to just get a third jab instead of belatedly reporting a past RAT result 

Health officials have urged people to get a third vaccine dose instead of reporting past infections to try and get an exemption from the vaccine pass scheme, as the number of Covid cases jumped to 505 on Wednesday from just over 300 the previous day.

Among the new cases, 151 were confirmed through PCR tests, while 354 were positive rapid antigen test results reported to a government platform. Thirty-four cases were imported.

Dr Edwin Tsui, controller of the Centre for Health Protection noted that the reported positive RAT results make up 70% of the total number of cases for the day, which is much higher than usual.

This is seen to suggest that some people are trying to report past infections to obtain a QR code exempting them from having three vaccine doses so they could enter various designated premises under the vaccine pass scheme.

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"I would like to remind the public, if you didn't test positive on the day, don't use our self-report platform to report your case," Tsui said at the daily Covid press briefing.

"If you want a recovery record or to satisfy the vaccine pass, the best way is to get jabbed, then you will be alright,” he added.

“It’s safe to be vaccinated after more than one month of being infected.”

Tsui said all other indicators of the severity of infections remain stable, including hospitalization and mortality rates and the amount of virus found in sewage samples, so the biggest caseload surge in the daily caseload could have only come from many “false positive” cases.

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Tsui that in the past few months, the daily false positive rate was around 7 percent, but in recent days it has risen to between 15 to 38 percent.

Dr Chuang Shuk-wan, head of CHP’s infectious disease section, was more forthright.

“We don’t rule out the possibility that there is misleading or false information supplied,” Chuang said.

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“May I remind you that if you knowingly or deliberately supplied the Department of Health with misleading information under Cap 599 it’s an indictable offense punishable at level 3 penalty, or up to six months in prison.”

Chuang warns providing false information could land you in jail for up to 6 months

Among the imported infections, 11 were caught at the airport, 14 during the 7-day hotel quarantine, and the rest after the patients had rejoined the community.

Chuang reported that four more cases were added to the outbreak at Zentral bar, raising the tally so far to 31. At Iron Fairies, the tally went up to 49 after two staff and 15 customers also tested positive for Covid.

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There were an additional 39 new cases reported by 35 schools. They include 24 students and 15 teachers and staff from seven kindergartens, 12 primary schools, and 20 secondary schools.

The city’s caseload from the fifth wave of infections has now gone up to 1,200,573, with a related death toll of 9,166.

Dr Gladys Kwan of the Hospital Authority said one more Covid patient died today, an 88-year-old woman who was chronically ill and was bedridden.

Kwan said 392 patients are being treated in hospitals, and among them, 10 are in critical condition, with five being admitted to intensive care; while eight are in serious condition.

 

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OFW protest start of mandatory collection of fees

By Daisy CL Mandap

 

Protest started outside the building where the Philippine Consulate is located

Four protesters representing various Filipino community organizations picketed the Philippine Consulate earlier Wednesday, to hit out at the various government fees that were due to be collected starting today.

The protesters who are part of an alliance called Rage (Rise Against Government Exaction), called on the Philippine government to stop compelling all overseas Filipino workers (OFW) to pay the various fees which, if collected altogether, would result in workers paying more than 15% of their monthly salary.

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“We are holding this protest because we want our government to know that we are against the mandatory collection of fees,” said Dolores Balladares-Pelaez of United Filipinos – Migrante Hong Kong.

“This is an additional burden on Filipino people. It will not help us, especially during this time of the pandemic.”

Being protested are the mandatory fees to the national health insurer PhilHealth, the government housing arm, Pag-IBIG Fund, a life insurance that they are being compelled to take each time they sign a two-year contract, as well as for the Social Security System.

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A poster they held aloft listed their demands as “1) No to mandatory membership to PhilHealth, 2) No to expanded compulsory insurance, 3) No to PhilHealth premium increase 4) Abolish the overseas employment certificate (OEC), 5) No to state exaction, 6) provide free genuine health care for all Filipinos.”

Their demands could not be missed 

Another poster bore the playful but meaningful message: “Hindi dapat sapilitan ang Pag-IBIG” (Pag-IBIG – or love – should not be forced).

Instead of adding to the financial burden of OFWs, the government should give more monetary assistance to them, said the group. They urged that free health care should be given to OFWs and their families as they have propped up the country’s economy for so long.

Most of the fees mentioned were to be collected from the start of this month, although mandatory insurance has already been levied against OFWs about to return to their workplace, after it was tied to the OEC which they need to be able to depart the country.

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The two-year premium is pegged at US$113, or about Php6,000.

Officers at the Philippine Overseas Labor Office say OFWs who are applying for OEC could present proof of their employers' insurance coverage for them instead, so they could avoid being charged anew when they get to the Philippines. 

This is despite the Department of Labor and Employment's directive early this year where it is clearly stipulated that the mandatory insurance could only be secured from a list of Philippines-based insurers accredited by the government.

Mandatory Pag-IBIG contribution has also been tied to the OEC by the Philippine Overseas Employment Administration effective today, which means a departing worker will need to shell out an additional Php2,400 for every two-year contract.

Playful dig at the mandatory PAG-Ibig contribution

But topping the list of the protested fees is for PhilHealth contribution which for this year is pegged at 4% of each overseas Filipino worker’s monthly salary.

For a foreign domestic worker on minimum wage earning the equivalent of Php30,000 that would mean a levy of Php28,800 per two-year contract.

SSS contributions, which amount to 5% of the worker’s salary, could set back a FDW in Hong Kong at least Php36,000 every two years.

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While the fee has long been made compulsory for overseas Filipinos, the government agency has yet to tie up its collection to OEC - but migrant leaders believe this could not be for long.

During the 15-minute picket outside the Consulate office building, Dolores Balladares-Pelaez of United Filipinos-Migrante Hong Kong announced that Consul General Raly Tejada had ignored their request to go up and hand over their petition in person.

The protesters were finally allowed to stage a brief picket in the lobby of the Consulate

This was even after they had taken pains to ensure that only four people joined the picket, in compliance with Hong Kong’s strict anti-pandemic restrictions.

But to their surprise, a junior staff member of the assistance to nationals section told them that they were being given permission to go up to the lift lobby outside the Consulate offices so they could make a symbolic handing over of their petition there.

Also represented in the protest were Gabriela Hong Kong, Cordillera Alliance and Filipino Migrant Workers’ Union.

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DH na sinisante dahil nagka Covid-19, nakakubra ng $20k sa amo

 

Si Garces (nakadilaw na blouse), kasama ang kanyang mga supporter matapos ang kaso sa Labour Tribunal.

Isa sa mga Pilipinang pinababa ng kani-kanilang mga employer matapos magpositibo sa Covid-19 sa gitna ng taglamig noong Pebrero ang nakakubra ng $20,000 sa amo niya nang magkita ulit sila sa Labour Tribunal kanina.

Nagkasundo sina Hazel Garces at ang kanyang amo na si Enoch Chen Tian-ern na tapusin ang kaso matapos ang higit sa tatlong oras na pamamagitan ni Assistant Presiding Officer Vivian Lee.

Ito ang kauna-unahang kaso na isinampa ng isang foreign domestic worker laban sa employer na nag sisante sa kanya dahil nagpositibo siya sa coronavirus. 

Bagamat masaya siya na natapos na rin ang tatlong buwang kalbaryo niya ay gusto na lang daw umuwi ni Garces sa kanilang lugar sa Bacolod City. Wala na daw siyang balak na maghabol pa sa dating amo, kahit sinabihan siyang maari pa siyang magsampa ng kasong diskriminasyon sa Equal Opportunities Commission.

"Uuwi na lang ako, pinapauwi na rin ako ng asawa ko," ang sabi niya. 

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Dumulog si Garces sa Tribunal matapos siyang i-terminate ni Chen noong gabi ng Feb. 26 nang mag-positibo siya sa rapid antigen test para sa Covid-19. Napilitan siyang magpunta sa isang parke sa Tokwawan para doon magpalipas ng gabi. 

Bandang alas tres ng madaling araw ng Feb 28 ay tinawagan niya si Daisy CL Mandap, editor ng The SUN, para humingi ng tulong. Agad naman siyang sinabihan na kontakin si Fr John Wotherspoon ng Mercy Foundation dahil may inupahan itong mga flat para sa mga nagka Covid na walang matutuluyan.

Ayon kay Garces, nang sabihin niya kay Fr John na wala siyang pera ay sinabi nitong sumakay siya ng taxi at  pagdating niya sa lugar na tinukoy nito sa Jordan ay ito na ang nagbayad ng pamasahe niya. Mula noon ay si Fr John na at ang kanyang Mercy Foundation na ang sumagot sa lahat ng mga pangangailangan ni Garces.

Sa kanyang kaso, hinabol ni Garces ang isang buwang sahod kapalit ng abiso, air ticket pauwi ng Pilipinas, gastos habang nagbibiyahe, suweldo sa taunang bakasyon, isang buwang suweldong hindi binayaran, at kabayaran sa natitirang 13 buwan ng kanilang kontrata.

Agad napagkasunduan ng magkabilang panig ang air ticket na $2,545.97, ang gastusin sa paglalakbay na $100, at ang bayad sa bakasyon na $2,206.

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Pero iginiit ni Chen na hindi niya kailangan magbigay ng bayad para sa abiso (na isang buwang sahod o $4,630) dahil tinanggal niya si Garces sa ilalim ng Section 9 ng Employment Ordinance, dahil may nagawa itong mabigat na kasalanan.

Nang tanungin siya ng presiding officer kung ano ang kasalanan ni Garces, sinabi niyang nagbibihis ito sa harap ng anak niyang lalaking paslit, at ito ay sexual abuse diumano.

Pero nang tanungin si Chen kung inireport ba niya ang sinasabi niyang krimen sa pulis, sinabi niyang hindi. Nang tinanong siya ni Lee kung may ebidensya ba siya, sumagot ito na wala.

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Pinayuhan ni Lee ang employer na kumuha ng payong legal tungkol dito dahil mahirap ipaglaban ang ganitong kaso kung iaakyat sa korte. 

“I don’t think this is a valid case for summary dismissal (hindi ko tanggap na ito ay kaso ng tuwirang pagsisante),” dagdag niya.

Sa hinihingi naman ni Garces na isang buwang suweldo na hindi binayaran, ipinasa sa kanya ang isang dokumentong pinirmahan niya at nagpapakita na binayaran siya para sa  huling buwan niya, mula Feb. 3 hanggang March 3. Sabi ni Garces, hindi niya napansin ang isinulat ng petsa ng amo nang pirmahan niya ito.

Nang sabihin ni Garces na ang bayad na iyan ay para sa nakaraang buwan, tinanong ni Lee ang amo kung kailan niya binabayaran ang Pilipina. Sumagot ito na sa simula ng bawa't buwan.

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“Wala pa akong nabalitaang employer na nagbabayad bago pagtrabahuin ang tao,” sagot ni Lee. Pero idinagdag niya na dahil pinirmahan ni Garces na nabayaran na sya, mahihirapan siyang ipaglaban ito sa korte.

Ang huling hindi napagkasunduan ng dalawang panig ay ang sinisingil ni Garces na suweldo niya sa 13 buwang natitira sa kanilang kontrata.

Ipinayo ni Lee na humingi siya ng payong legal tungkol dito dahil mahihirapan siyang ipaglaban ito sa korte.

Nang tinanong niya si Garces kung ilang buwan ang katanggap-tanggap sa kanya, sumagot ito ng tatlong buwan.

Nang iginiit ng employer na papayag sya sa isang buwan, ipinayo ni Lee na magkita na lang sila sa gitna, o dalawang buwan.

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Sa mga napagkasunduan na, umabot ang kwenta sa $18,443,95. Iminungkahi ni Lee na, upang matapos na ang usapan sa natitirang isyu, isara na lang ang kabayaran sa $20,000, na agad tinanggap ng employer. Kalaunan ay tinanggap na rin ni Garces ang halaga.

Nagsimula ang kaso noong Feb. 26, day-off ni Garces, nang ipatawag sya ng amo upang mag RAT (rapid antigen test). Sa unang test ay nag-positive siya, pero sa ikalawa at pangatlo ang resulta ay “invalid”.

Agad siyang pinapunta sa community testing center upang sumailalim sa RT-PCR (reverse transcription polymerase chain reaction) test, at binigyan nang hanggang 6:00 ng hapon upang ireport sa amo kung ano ang resulta.

Nang hindi siya nakapag-report dahil wala pang resulta ang test, sinabihan siyang terminated na siya at huwag nang bumalik.

Nag-positive siya sa RT-PCR test, pero walang sintomas.

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Employer pays $20k in first case of FDH being fired after contracting Covid-19

 

Labour Tribunal resolves first case of FDH fired after contracting Covid-19.

An employer who fired his domestic helper after she tested positive for Covid-19 was made to pay her $20,000 in claims today at the Labour Tribunal in what could be the first labor case to be resolved in the wake of terminations of foreign domestic helpers (FDHs) during the fifth wave of Covid-19 infections in February.

The employer, Enoch Chen Tian-ern, was hauled to the Labour Tribunal by his domestic helper, Hazel Garces, to claim about $65,000 - for one month’s salary in lieu of notice, cost of air ticket and related travelling expenses, holiday pay, unpaid salary for one month, and for the remaining 13 months left in their employment contract.

The two sides eventually reached agreement after three hours of hearing before Assistant Presiding Officer Vivian Lee.

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Garces alleged that she was terminated after she tested positive for Covid-19 on Feb. 26 this year and was made to leave her employer's house on the spot. She spent two cold days in a park in Tokwawan as a result.

Although she was pleased at the outcome of her case, Garces said the three months that she was forced to remain in Hong Kong while waiting for the result had left her exhausted.

"Uuwi na lang ako, pinapauwi na rin kasi ako ng asawa ko," the 39-year-old worker from Bacolod said. (I just want to go home now, as that's what my husband also wishes).

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Told that she could pursue a separate claim for discrimination at the Equal Opportunities Commission, she said she'd rather just go home and forget about her sad experience.

She had worked for her employer for two years and nine months, and she said they used to get along quite well. But things changed when the pandemic forced her employer to work from home, and he reportedly started nitpicking on what she did.

After she left for her day-off on Feb 26, she said her employer told her to return home and take a rapid test for Covid-19. The result was positive. She said she was told to do the test twice after that, and the result for both was inconclusive. 

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Despite this, Garces said her employer told her to look for a place to stay, and she left without taking any of her things with her. After deciding to camp out in the park, she sent out appeals for help, until The SUN eventually told her to get in touch with Fr John Wotherspoon. The Catholic priest known for his charity work been providing for her needs since.

Garces' termination came two days after the Labour Department (LD) reminded employers (on Feb. 24) that they should not dismiss FDHs who have contracted COVID-19 and should continue to observe the requirements under the Employment Ordinance (EO) and the Standard Employment Contract (SEC).

“Under the EO, 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,” the statement said.

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“An employer who contravenes relevant provisions of the EO commits an offence and is liable to prosecution and, upon conviction, to a maximum fine of $100,000. Besides, if an employer has breached the EO, he/she will not be considered eligible to employ an FDH for a period of time and his/her visa applications for FDHs will be refused.

“Employers are also reminded of possible violation of the Disability Discrimination Ordinance (DDO) if they treat their FDHs less favorably (e.g. by dismissing them) because the FDHs have been infected with or recovered from COVID-19," it added.

Last March 5, the Government reiterated its warning, declaring that it does not and will not tolerate illegal dismissal of FDHs who catch COVID-19.

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“The Government will stay vigilant in taking enforcement action against any violation of law in liaison and collaboration with the relevant consulates general,” it said in a press statement.

FDHs under employment who test positive for COVID-19 or are regarded as close contacts will receive support like any other Hong Kong citizen, the Government added.

"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," it declared. 

The Hong Kong government has been issuing such warning to employers as early as Nov. 3, 2020. (See related story: https://www.sunwebhk.com/2020/11/hk-tells-employers-firing-fdhs-who.html?fbclid=IwAR0_12CQiDwC6SayJNjDlNHP_Ng7XKWUN6F2d6obJWe9Y-QeMVfU2S5ZSl4)

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