Police clears Filipina on 4th attempt by employer to get her jailed for theft

By Daisy CL Mandap

 

Marlinda  tearfully recalls her 3-month ordeal before police cleared her name

A Filipina domestic worker is now able to breathe a sigh of relief after the police sent her a letter on Jul 22 informing her that a fourth, and final, attempt of her former employer to accuse her of theft, has been dismissed after investigation.

The employer, actually the elder sister of a prominent Hong Kong politician who had signed her contract, had accused Marlinda B. Duque, 51, of stealing six diamond rings, but only showed photos of the supposed stolen items to support her claim.

Previously, the employer’s sister Carol Wen, who lives in the Swiss Towers flat on Tai Hang Road where Duque had worked for two years and three months, had called the police six times to complain about the helper.

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In four of those times, the police searched Duque’s room and luggage but did not find any of the items that Wen had accused her of stealing. The first time, Wen had complained about a missing bird’s nest; the second time, it was a pocket wifi; the third was for a leather cloth and the fourth were the rings.

One time, Wen also called in the police to complain that the helper had refused to hand over her key to the flat. Police explained to Duque that the employer had the right to get back the key as it was her property. They also advised her not to touch anything in the house.

The next day, Apr 8, Wen gave notice to Duque that she was terminating their contract.

Letter from police telling Marlinda that she was not to be charged for the alleged ring theft

On Apr 26, Wen again called the police to complain about the supposedly missing rings. They left after they did not find any trace of the missing rings despite frisking Duque and rummaging through her things all over again.

But the next day, at about 11:30pm, Wen called the police again to complain about the missing rings. That was when the officers decided to arrest Duque, telling her that they now had reason to suspect the allegations were true, since the employer had been complaining against her since Feb. 25 this year.

Duque was held for questioning until the early morning of Apr 29. She was dismissed without charges, but was told to pay $700 in police bail.

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For nearly three months, Duque was left wondering what the police would do about the complaint until she received the letter from them advising her that she would not be charged. Her bail of $700 was also returned.

The police’s letter said that “at this stage there is insufficient evidence to prove any person has committed a crime.” It went on to add the usual statement that should additional information becomes available she could be re-arrested.

But Duque said she is not bothered by this added phrase as she did not do anything wrong. If there was something she regretted not doing earlier, it was to seek help from people or groups like the Mission for Migrant Workers which is now helping her with her case.

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With help from the Mission, particularly case officer Esther Bangcawayan, Duque was awarded a total of $17,792.01 in pay by the Labour Department despite attempts by Wen to dispute the findings.

A big chunk of the award, amounting to nearly $7,000, was for severance pay which was added by the labour officer who conciliated Duque’s claim even if the Filipina did not ask for it initially.

Wen had agreed to pay only a total of $4,458 for Duque’s unpaid salary and annual leave. The employer refused to pay for a month’s salary in lieu of notice, air ticket costing $1,629 and severance payment for wrongful dismissal of $6,985.13.

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Luckily, Duque’s contractual employer stepped in immediately and promised to pay the balance of what Labour had deemed was due the worker.

Marlinda now knows that she could have asked help from the Mission sooner

To this day, the question often asked of Duque was why she allowed Wen to humiliate her by repeatedly calling in the police, complaining of all sorts of things she did not do.

“Ang sa akin kasi, pinanindigan ko na may kontrata ako at saka hindi naman totoo ang mga sinasabi niya kaya hindi ako bumaba. Hihintayin ko na lang na ite-terminate ako.”

(As far as I was concerned, I had a two-year contract that must be followed, and all her accusations against me were not true. I decided to just wait until she terminated me).

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Besides, she said she had worked for Wen and her mother for two years without incident. Initially, she was hired by the Wens to look after their mother, but after she died, the employer’s sister was the only one she was left to serve.

Before the pandemic Duque said Wen was often away on business trips to China so they did not have much interaction. But shortly after her contract was renewed in January this year, Wen started accusing her of stealing.

“Bigla na lang siyang umuuwi na may kasamang pulis. Minsan, mag do doorbell galing sa trabaho, may kasama nang pulis,” Duque said.

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(She would suddenly show up accompanied by the police. She would ring the doorbell from work with police in tow).

The Filipina said she started feeling uneasy then so she decided to seek help by sending text messages to the Philippine Consulate hotline to ask for advice.

However, each time, she was told that she had to resolve the problem herself as they did not have the power to take her away from her employer’s house.

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She also sent several text messages to her contractual employer asking him to intercede but did not get any response.

Two days before she was arrested, her work situation had become so stressful that Duque felt compelled to ask help from fellow Filipinas in their building to write a letter to the Immigration Department on her behalf.

At that time, she felt helpless but had nowhere to go. In her letter, Duque detailed all the previous attempts by Wen to have her arrested, but only managed to ask Immigration to put her complaint on record.

After the police allowed to leave after questioning at dawnon Apr 29, she had nowhere to go so she decided to camp outside the Consulate's offices at United Centre building in Admiralty. She was to learn later on that since it was a Friday, the Consulate was closed and would only reopen the next Sunday.

With nowhere else to go she went back warily to Swiss Towers where she had befriended some fellow Filipina domestic workers. One took her in after seeking permission from her employer, who is equally rich and prominent, but took pity on Duque after hearing her story.

Her friend and neighbor then referred her to the Mission which gladly took on her case and referred her to its shelter, the Bethune House Migrant Women’s Refuge.

Since then Duque has come to realize what she should have done the first time she was falsely accused of theft. She could have left her employment without notice and would have still been paid all that was due her on grounds of unlawful termination.

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11 persons arrested as Immigration steps up anti-illegal work raids

By The SUN 

The suspected illegal workers are photographed before being loaded onto a van

A total of 11 people were arrested in the latest anti-illegal work operation conducted by Immigration Department across Hong Kong on Jul 25 and 27.

The suspects include eight believed to be illegal workers, two employers, and one who aided and abetted the illicit acts. They comprise one man and seven women, aged 28 to 45.

Those arrested included a woman holding a recognizance form, which prohibits her from taking up employment.

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The suspected employers are a man and woman aged 59 and 62, respectively. The one who is believed to have helped the suspected illegal workers breach their conditions of stay is also a woman aged 49.

During the operations codenamed "Twilight" immigration officers raided six target locations including premises under renovation, residential buildings and a vegetable stall.

In a statement, Immigration warned that those who hold visitors’ visas should not take up any employment, whether paid or unpaid, without the permission of the Director of Immigration.

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Offenders face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties.

Illegal immigrants, persons subject to a removal or deportation order, overstayers or those refused permission to land, face a stiffer penalty if they take up unauthorized employment. The maximum penalty is up to three years in jail and a fine of up to $50,000.

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Those found to have employed illegal workers could be jailed for up to 10 years and face a maximum fine of $500,000. A director, manager, secretary or any official of the company concerned may also face criminal liability.

In addition, the High Court has ruled that employers of illegal workers should be given an immediate custodial sentence.

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22-month-old Covid patient still critically ill as 5 new deaths posted

By The SUN 

The baby is fighting for her life at Eastern Hospital (File)

A 22-month-old girl who suffered brain inflammation after getting infected with Covid-19 is still fighting for her life at Pamela Youde Eastern Hospital in Chai Wan, where she was airlifted from Lamma island yesterday.

Hospital Authority’s Dr Gladys Wong said at today’s press briefing that the patient is on ventilator and cardiac agents and is being closely watched by doctors.

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The baby was flown by helicopter from North Lamma General Outpatient Clinic after she showed signs of convulsions, along with fever. She appears to have caught the virus from her three-year-old sister who tested positive on a rapid antigen test earlier.

Doctors are said to be monitoring her condition while waiting for some test results, including a genome sequencing to determine which Omicron sub-variant, if any, she is carrying.

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Meanwhile, Dr Chuang Shuk-kwan of the Centre for Health Protection said they are greatly concerned about the rising trend in deaths among Covid patients, particularly the elderly.

Five new deaths were reported involving four males and one female aged between 55 and 88 years old. They took the death toll from the fifth wave to 9,285.

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Two of the patients were declared dead on arrival at the hospital, including the youngest patient who appears to have fallen from a height. Their cases have been referred to the Coroner for further investigation.

Chuang repeated an appeal for the elderly to get fully vaccinated, noting studies that showed elderly people who did not complete their vaccination are seven times more likely to get seriously ill from the virus than those who got jabbed.

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For those over 80 years old, she said the probability of serious complications rises to 15 times for those who did not get vaccinated or did not complete the required jabs.

“People should receive at least three doses, but for those over 60, they should have four  jabs,” she said.

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She also reported a total of 4,884 new infections, which is nearly as many as yesterday’s four-month high.

The cases include 188 that were imported – 79 were detected at the airport, 90 during hotel quarantine and 19 after the patients had ended their seven-day isolation.

Kwan reported an outbreak at the medical ward of Queen Mary Hospital which was detected after an 85-year-old male patient tested positive before a scheduled surgery.

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Two other patients and four staff members in the same ward were subsequently found infected.

No new patients or visitors are being allowed into the ward for the meantime.

Kwan also said more patients will be prescribed two Covid-19 anti viral drugs, Molnupiravir and Paxlovid, as the eligibility criteria are relaxed.

She said those with chronic illnesses will be entitled to the drugs regardless of their age and vaccination status, but they must take the pills within five days of the onset of symptoms.

"We know that the earlier the better to have these antivirals because it helps to lower the viral load and it helps to shorten the time for getting the test result to negative,” said Kwan.

She said authorities realized they have more than enough stock of the antivirals so they decided to relax the rules for handing them out.

Public hospitals are now treating a total of 1,411 Covid patients, of which 21 are in critical condition and 18 are seriously ill.

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2-4-8 months in jail for 3 Filipinas in ATM money laundering case

By Daisy CL Mandap 

Filipina DH in money laundering case posted this photo of her withdrawing wads of cash from ATM machine 

Three Filipina domestic helpers who admitted giving their ATM cards to unknown individuals who used them to launder money obtained from illicit means, were today ordered jailed for two, four and eight months respectively.

Magistrate Edward Wong imposed the sentences when the three accused appeared before him at Eastern Court. Each pleaded guilty to a charge of dealing with property known or believed to represent proceeds of a crime.

“No doubt the charges brought against you are all very serious. The facts of the case are also serious,” the magistrate said. “Given the nature of the charges and also the facts, plus the amounts involved, immediate imprisonment is inevitable,” he added.

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But he said the court would determine the sentence on each accused according to the circumstances of each case, particularly the amount that had passed through each of their bank accounts.

For defendant Fatima A. Sumcio, 47 years old, who admitted owning the HSBC account through which a total of $1,141,700 in illicit money was laundered, the magistrate imposed a sentence of eight months in jail.

Second defendant Judyline D. Astronomo, 46, whose HSBC account was used to launder a total of $569,600, was sent to jail for four months.

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The third, Ayishah L. Barton, 40, was jailed for two months as her HSBC account was found to have contained the smallest amount of $247,100.

The offences happened between April 17, 2020  and Jul 2, 2020. The money that passed through the bank accounts of the defendants reportedly came from a local woman who was fleeced of some $2.4 million in a love scam.

All the defendants had been out on bail until they were ordered remanded in custody after they pleaded guilty to the charges on Jul 22.

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The magistrate used starting points of 12, six and three months, respectively, in sentencing, but gave a 1/3 discount to all for their guilty pleas.

He had earlier said the accused were not “victims” as one of the defense lawyers had said in trying to ask for a lighter sentence.

The magistrate also appeared to have disregarded the personal circumstances of each of the defendants which were mentioned during mitigation.

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Sumsio is married with two grown-up children and has been working in Hong Kong for 16 years; Astronomo has worked here for three years, is separated from her husband and supports her mother and her son; while Barton is a single mother of three young boys and has worked in Hong Kong for 3.5 years.

As in their previous court appearance, the three Filipinas were supported in court by their respective employers, who all expressed an intention to keep them in their employ as domestic workers.

Barton’s employer was particularly supportive, even writing a letter to the magistrate to appeal for leniency.

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Outside court, he said he believed Barton was telling the truth when she said that she had lent her ATM card to a friend who promptly disappeared. The Filipina had been in Hong Kong for less than a year at the time, and was easily fooled.

Unlike her two co-accused who admitted receiving $2,000 and $3,000 respectively in exchange for giving up their ATM cards, Barton has firmly denied receiving any money from the illicit transactions.

The employer said he was sorry that the case took two years to resolve, and ended up with Barton being put behind bars.

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But he remains committed to helping her, and said that he had already informed the Immigration Department that he wished to renew their contract for another two years so she would still have a job by the time she gets out of jail.

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Retired doctor to be re-tried for alleged indecent assault of Filipino DH

 

Brian Drew Apthorp (left) is escorted by his lawyers to a waiting luxury van after pleading not guilty
to two charges of indecently assaulting his Filipina domestic helper.

The stage was set today for the retrial of a retired British doctor accused of indecently assaulting his Filipino domestic helper in his home on two occasions.

Principal Magistrate Ada Yim scheduled the trial of Brian Drew Apthorp, 84, for November 15-18. She also extended his $201,000 bail.

This developed after Apthorp pleaded not guilty to the two charges that were read to him at the Eastern Magistrates’ Courts.

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He was accused him of using deception and threats to make “X” submit to a purported body check and pap smear and later, of forcing her to give him daily massages while fondling himself or committing other sexual acts.

Prosecutors asked for the four days to present six witnesses, video recordings and other pieces of evidence to prove their case that Apthorp indecently assaulted “X” on Sept. 11, 2018 and on April 4 2019 in his house in Shouson Hill.

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The prosecution witnesses will include X and the arresting officer.

Defense lawyers on the other hand proposed to present two witnesses. They told magistrate Yim that these would be actual witnesses, including Apthorp himself.

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On July 15 last year, Eastern Magistrate Daniel Tang found Apthorp guilty on both counts and sentenced him to 30 months in prison.

But on appeal, High Court Judge Esther Toh set aside the conviction, ruling that magistrate Tang was wrong in refusing to let a lawyer hired belatedly by Apthorp to cross-examine X.

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Apthorp did the questioning and cross-examination of X by himself in the first two days of his trial, but later on hired solicitor Jonathan Midgley to defend him.

In her judgment, Judge Toh said, “Because of that refusal, justice had not been seen to be done, and therefore, the conviction is clearly unsafe and unsatisfactory.”

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Apthorp faces another legal battle at the High Court. He is appealing against a decision by Judge Russel Coleman last April 23, ordering the police to reinvestigate X’s complaint that she and two other former domestic helpers of Apthorp were also victims of sex trafficking and forced labor.

Lawyers acting for X had sought leave for a judicial review of the police decision not to charge Apthorp for the two offenses, citing video and photographic evidence.

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Judge Coleman granted the leave and said the lack of a “bespoke” law on human trafficking makes it difficult for prosecutions of this nature to proceed.

But he said such legislations should not only cover FDWs as urged by the applicant’s counsel, but all other people who might be victims of forced labor and exploitation under section 4 of the Bill of Rights.

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Hospital visitors should present negative PCR test results as Covid cases rise to 4,886

By The SUN 

Negative PCR test results are now required of all regular hospital visitors

From Monday, all visitors at public hospitals will be required to present a negative PCR test result for Covid obtained within 48 hours, as part of the bid to minimize the risk of the virus spreading among patients and staff.

This was announced today, Jul 28, as health officials reported the infection tally rising to 4,886, the highest daily figure recorded since early April.

Of the new cases, 4,638 were locally transmitted, and the remaining 248 were imported.

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Dr Chuang Shuk-kwan of the Centre for Health Protection said the imported cases included 102 detected at the airport from 44 countries; 125 at quarantine hotels and 21 after the seven-day isolation.

Five related deaths were reported, involving three men and two women aged 56 to 100. The death tally from the fifth wave now stands at 9,280.

Government Covid adviser, Prof. Lau Yu-lung who joined the press briefing, disclosed  that one of the Covid patients is a 22-month-old girl who is in hospital in a critical condition  

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The girl who lives on the islands was flown by helicopter to Pamela Youde Nethersole Eastern Hospital after her family found her with fever and having convulsions.

She appears to have caught the virus from her three-year-old sister who tested positive on a RAT test earlier  

Lau said the toddler was found to have severe swelling in the brain. He said the case shows Omicron is not a mere flu because it can have severe complications  

The expert panel is now discussing whether to allow Covid vaccine to be given to children below three years old  

Dr Gladys Kwan of the Hospital Authority who gave details of the new testing arrangement for hospital visitors said the PCR tests can be done at a community testing centre or a mobile specimen collection samples for free.

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However, visitors may also opt to get the PCR test done in any recognized organization.

The specimen must be taken through combined nasal and throat swabs and must not be taken by the person to be tested.

As for compassionate visiting arrangements for critical patients, the testing requirements will remain unchanged. Visitors may provide either a negative PCR test result obtained within 48 hours or a rapid antigen test carried out within 24 hours.

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However, visitors who submitted a negative RAT result must still undergo a PCR test and submit the result within two days after the visit.

Meanwhile, CHP said 315 schools reported a total of 409 Covid positive cases 330 students and 79 teachers and staffers.   

Certain classes in seven schools will be suspended for a week after students and teachers caught Covid.

Five residential care homes also reported new cases.

As of the latest tally, a total of 1,384 Covid patients are in public hospitals and treatment facilities. Among them, 22 who are in critical condition, including six who are in intensive care units; while 11 are seriously ill.

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