Incoming FDHs subject to the same quarantine rules, says Labour

By The SUN

 

Arriving FDHs will be treated the same way as other inbound travelers, says Labour 

The Labour Department said in a press release Wednesday that foreign domestic helpers who will be arriving in Hong Kong from Friday, Aug. 12 onwards, will be subject to the same “3+4” quarantine arrangement for all inbound travelers.

That means that along with other new arrivals, they will have to spend three days in a designated quarantine hotel, and spend four days of medical surveillance at their employer’s home, subject to the required number of PCR and rapid antigen tests (RAT). They will need to undergo self-monitoring for three more days afterwards.

Should employers decide to require the FDH to spend more time in quarantine after the mandatory four days, they can arrange for the workers to stay at licensed hotels or guesthouses without having to inform the LD, said the statement.

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The clarification was made in response to repeated queries from employers if special arrangements needed to be made for their FDHs who are due to arrive from overseas.

Along with all new arrivals, FDHs who test negative on arrival at Hong Kong Airport will be subject to amber, or yellow code, restrictions under the Vaccine Pass scheme.

This means, they cannot enter high-risk premises that will allow them to take off their masks or join group activities, such as restaurants; or those where people require special protection, like hospitals or residential homes for the elderly or disabled.

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But everyone under a yellow code like FDHs can conduct daily essential activities of lower risk, like taking public transport, entering supermarkets and markets,

The details of the quarantine and testing arrangements under the "3+4" model with particular mention of FDHs are as follows: 

 

·       Three days of compulsory quarantine: The day of arrival at Hong Kong with the first nucleic acid test conducted is considered as Day 0. FDHs are required to undergo compulsory quarantine for three nights in DQHs. They are subject to daily rapid antigen tests (RATs) and are required to undergo a nucleic acid (PCR) test on Day 2. Those who test negative consecutively will have completed the compulsory quarantine in the morning of Day 3.

  

·       Four days of medical surveillance: FDHs are then subject to medical surveillance at their employers' residence for four nights. They are subject to daily RATs. After obtaining negative results of RATs on Day 4 and Day 6 upon arrival at Hong Kong, they are required to undergo PCR tests on the same days at a community testing centre, a mobile specimen collection station, or arrange a self-paid test at a local medical institution recognised by the Government. 

During the medical surveillance period, FDHs can work at their employers' residence and can go out after obtaining a negative result of an RAT on that day, but they will be subject to yellow code restrictions under the Vaccine Pass.

·       Continuous monitoring and testing: After completing medical surveillance, FDHs are subject to self-monitoring during the subsequent three days and undergo daily RATs until Day 10. They are also required to take the last nucleic acid test on Day 9.

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As for FDHs who have completed at least three nights of quarantine in DQHs before Aug 12 (or those who arrived at Hong Kong between Aug 3 and 8), they will be allowed to leave their hotels in an orderly manner starting from Aug 9 to 12 after confirming their negative PCR test results. 

After leaving the DQHs, FDHs will be subject to medical surveillance at home, following the yellow code restrictions as mentioned above.

For those scheduled to arrive after midnight of Aug 12 onwards, all FDHs bound for Hong Kong must comply with the boarding requirements by completing the online Health & Quarantine Information Declaration of the Department of Health (www.chp.gov.hk/hdf/) in advance, and  declare a record of completion of vaccination and provide information on booking at DQHs. 

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Once their DQH booking information is confirmed by the system, FDHs will receive a green health declaration QR code. This will allow them to skip further verification of their vaccination records and confirmation of DQH booking during check-in for their flights. 

On arrival in Hong Kong, they can also use the "express channels" with the green health declaration QR code and board the point-to-point transportation to DQHs. 

However, if the online system is unable to confirm the DQH booking information of an inbound traveler, a pink health declaration QR code will be issued to the passenger. They will be required to present their DQH booking documentation during check-in for their flights.

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Persons boarding flights must present the health declaration QR code (which can be a downloadable version of the QR code, a screen shot or a printout) for verification by airlines before being allowed to board the flight.

In addition to the above requirements, inbound persons will continue to be required to provide proof of pre-departure tests (only applicable to inbound persons aged 3 or above), i.e. (i) negative result proof of a PCR-based nucleic acid test within 48 hours of the scheduled time of departure; or (ii) documentary proof to show that they were infected with the virus 14 to 90 days prior to boarding for Hong Kong, together with a negative result proof of an RAT conducted within 24 hours of the scheduled time of departure.

For details, please refer to the press release issued by the Government on August 8 (www.info.gov.hk/gia/general/202208/08/P2022080800803.htm).

Employers or employment agencies (EAs) may visit the link below (www.coronavirus.gov.hk/eng/designated-hotel.html) for details of DQHs. 

If employers or EAs wish to arrange FDHs to undergo medical surveillance and self-monitoring in licensed hotels or guesthouses, please press here for the list of licensed hotels and guesthouses. The dedicated FDH portal (www.fdh.labour.gov.hk) of the LD also provides information and useful links relating to quarantine arrangements for FDHs.

Should there be enquiries on the quarantine arrangements for FDHs, please contact the LD through its 24-hour hotline at 2717 1771 (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).
 
Note:
Persons under the category of Amber Code cannot enter the following premises subject to "active checking" of the Vaccine Pass and other premises in the capacity of a customer or visitor:
 
Premises regulated under the Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599F) which are subject to "active checking" of the Vaccine Pass:
 

·       Premises required to use the QR Code Verification Scanner and is regulated under Cap. 599F, i.e. catering business premises (including bars or pubs), amusement game centres, bathhouses, fitness centres, places of amusement, indoor places of public entertainment, party rooms, beauty parlours and massage establishments, club houses, clubs or nightclubs, karaoke establishments, mahjong-tin kau premises, indoor sports premises, swimming pools, cruise ships, indoor event premises, barber shops or hair salons and religious premises. 

 

·       Premises required to inspect the Vaccine Pass visually as far as feasible, i.e. outdoor places of public entertainment, outdoor sports premises and outdoor event premises.

​Other premises: residential care homes for the elderly, residential care homes for persons with disabilities, schools and designated healthcare premises.

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25-year-old Ka Wo loses employment agency licence

By The SUN

 

Labour Dept says Ka Won failed to draw up service agreements with employers

The Labour Department has revoked the license of yet another employment agency, a statement issued Wednesday said.

Ka Wo Consultants Limited, which according to its website has been operating for more than 25 years, was deprived of its licence after it was found to have failed to draw up service agreements with employers, in violating of the requirements of the Code of Practice for Employment Agencies.

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The agency’s appeal to the Administrative Appeals Board.

Ka Wo, located on Hennesy Road, Causeway Bay, was the 12^th employment agency to have its license revoked since 2020, said the government statement.

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But it was the second to get the ultimate sanction in five days, after Planet Employment Agency had its licence withdrawn on Aug 5.

Labour reminded operators of employment agencies to conduct their business in compliance with the law and the requirements of the Code at all times.

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Under section 53(1)(c)(iva) of the Employment Ordinance (EO), the Commissioner for Labour (the Commissioner) may revoke the licence of an EA if he is satisfied that the licensee concerned has not complied with the Code.

"The Code sets out the salient legal requirements that EA operators must observe in operating their business, as well as the standards which the Commissioner expects from EAs,” said the statement.

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“The Employment (Amendment) Ordinance 2018, which came into effect on February 9, 2018, stipulates that the Commissioner may refuse to issue or renew a licence, or may revoke a licence, if he is satisfied on reasonable grounds that the licensee or the person intending to be the licensee of an EA, or a related person of or an individual employed by the licensee or the person intending to be the licensee has contravened any provision of Part XII or any regulation made under section 62 of the EO, such as overcharging job seekers or operating an EA without a licence, or has not complied with the Code issued under section 62A(1) of the EO.”

Despite the strict provision of the law and the Code, however, some EA operators are known to have avoided total accountability by simply opening a new agency under another name.

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Some applicants have told The SUN that people behind an agency that had its licence revoked recently have already started operating again under a new name.

For enquiries about matters related to EAs or complaints against malpractices, call the EAA at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

 

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Social distancing measures extended while Covid cases steady at 4,045

 By The SUN

 

The Vaccine Pass system will now be used to screen out those on red or yellow health codes

The government announced late on Tuesday that the social distancing measures that allow no more than   four people to gather in public will be extended for another two weeks, or from Thursday, Aug 11 to Aug 24. 

The news followed the announcement from the Centre for Health Protection that a total of 4,045 Covid-19 cases were recorded over the past 24 hours.

Among the new cases, 3,783 were locally transmitted while the remaining 262 were imported cases.

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Three more related deaths were reported, involving two men and one woman aged 87 to 93 who were unvaccinated. They took the death toll from the fifth wave to 9,337.

The fatalities included a 90-year-old man who tested positive for Covid in a self-test on Aug 2 but was not taken to hospital or referred to a doctor for consultation. He was found unconscious on Aug 5 and was declared dead at the accident and emergency department.

The two other patients were an 87-year-old woman and a 93-year-old man who tested positive for Covid after being taken to hospital, and whose condition deteriorated until they died.

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CHP’s Dr Chuang Shuk-wan said that as of midnight last night all those confirmed to have the coronavirus were given the red health code, which means that those under home isolation would be prevented from going out.

Meanwhile, Hospital Authority’s Dr Gladys Kwan said medical staff are allowed to continue working even if they were holding yellow codes if they tested negative via rapid tests.

But they will be reminded to pay attention to their condition and not go to work if they feel unwell. They will also have to wear protective equipment at work and advised not to talk while eating.

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They will also have to continue to follow government guidelines by taking daily rapid tests and regular PCR tests.

CHP said it received reports of 401 positive cases from 280 schools, involving 330 students and 71 teachers and staff. Eight schools will have to suspend particular classes for a week.

Meanwhile, the government statement said that the gathering restrictions were extended because the total number of patients in hospitals remain at more than 1,000 with no signs of a downward trend.

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Cases involving the highly transmissible BA.4/BA.5 sub-variants are also on the rise.

The measures that will be maintained include allowing all catering and scheduled premises to operate subject to strict compliance with requirements such as using the Vaccine Pass and "LeaveHomeSafe" app.

As before, the number of people who could eat together in restaurants will be limited to eight, and four in bars and pubs. But regular catering venues are allowed to open only until midnight, and the bars, until 2am the next day.

Live shows in catering premises or bars remain off-limits.

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Operators of scheduled premises are also reminded to strictly observe the health code system starting today. Confirmed cases will be given Red Code, and new arrivals from overseas or Taiwan will get the Yellow Code after they test negative during three days of hotel quarantine.

Their vaccine pass QR will display the color they are assigned accordingly.

Premises which require the active checking of the vaccine pass will be off limits to guests given either the red or yellow code. But staff on yellow code will be allowed to work. However, they must strictly observe anti-epidemic measures including mask-wearing. 

In addition, persons-in-charge or managers of the premises that are required to use the QR Code Verification Scanner should update their scanner to version 4.4.0 or above as soon as possible before Aug 12.

They should also ensure that they are connected to the Internet during their operating hours no later than Aug 23. (see press release for details).

The existing restrictions on various regulated premises can be found here: https://www.info.gov.hk/gia/general/202208/09/P2022080900736.htm

 

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POEA suspends ‘expanded mandatory insurance’ for OFWs

By Daisy CL Mandap

 

Scrapping compulsory insurance is high on the list of demands by OFWs 

Migrant workers in Hong Kong are rejoicing over the decision by the Philippine Overseas Employment Administration to suspend the collection of fees for the “expanded mandatory insurance” from all overseas Filipino workers.

The POEA move came just days after more than 100 OFW leaders in Hong Kong held a forum denouncing all government fees forcibly collected from them, including that for the compulsory insurance.

Organizers of the July 31 forum, the Rise Against Government Exactions or Rage, issued a statement welcoming the POEA move, but said the implementation of the scheme should not just be suspended but scrapped as it was not only burdensome and unnecessary, it was also illegal.

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This was because the POEA advisory said the order was merely being suspended pending consultations with industry stakeholders “and submission of an offer from the insurance providers for the improved package of services beneficial to the needs of the OFWs.”

RAGE said in its statement that it was due to the collective action of OFWs that the government was “pressured to suspend the collection.”

Bayan Hong Kong chair Eman Villanueva who was among those who spoke at the July 31^st forum, said, “I think this only proves that it is important for migrant workers to create noise when faced with unfair government policies.”

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Villanueva noted that Hong Kong migrants were the most vocal about their concerns over unjust government exactions on OFWs because they are given more space and freedom to speak out.

“So tayong nasa Hong Kong, let us maximize whatever space we have to advance the rights and welfare of OFWs,” he said.

“Napatunayan natin na kapag nagsasama-sama tayo ay may mangyayaring tama,” he added. (We have proven that something right would emerge if we all worked together).

During the forum, migrant leaders said POEA Circular No 10 which mandated the collection of insurance premium from all OFWs leaving the country, including “rehires and direct hires,” was repulsive as it was patently illegal.

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They said the POEA Circular contravened Republic Act No 10022, which required insurance coverage only for agency-hired OFWs, which effectively meant only those leaving the country for the first time.

Under Philippine laws, a mere department order cannot amend or repeal a law which went through the legislative process and signed by the incumbent president. Thus, the POEA did not have the power to override any law.

Despite this, the POEA Circular which implemented an order from the Department of Labor and Employment, was made to take effect starting in May this year by tying it up with the overseas employment certificate or OEC.

Through this, all home-bound OFWs who needed to secure the OEC to be able to return to their work site had to present proof of coverage by any of the government-accredited insurance companies, for which they had to pay Php8,000 in premium.

This eventually caused problems for vacationing OFWs who were not allowed to return to their jobsites unless they could provide proof of insurance coverage. Some migrant leaders said POEA offices required them to pay for the insurance before issuing them with an OEC.

RAGE also denounced the mandatory fee collection as unnecessary as Hong Kong laws already require all employers to take out an insurance on migrant workers in their employ. This insurance not only pays for their medical expenses, but also for employee compensation and repatriation costs.

In a bid to ease the situation, POLO Hong Kong told OFWs that they could present proof of their employers’ insurance coverage to secure the OEC here. But during the forum, some leaders balked at this, saying asking employers for insurance proof caused unnecessary friction between them.

POEA merely suspended, not withdrew, expanded mandatory insurance 

In the advisory, POEA Administrator Bernard Olalia said the “interim rule” was implemented only to protect OFWs during a public health emergency caused by the pandemic and threats of other emerging infectious diseases.

“Considering the improving state of global health, and consequently the opening of borders as well as the high vaccine rollout, this rule on expanded insurance coverage needs to be revisited,” said the advisory.

Curiously, the directive was put into effect only in May, when the number of Covid infections caused by the new Omicron variant had gone down considerably, not just in  the Philippines and Hong Kong, but in most parts of the world.

DoLE’s move was taken despite the repeated failures of legislators to pass a law implementing mandatory insurance for all OFWs, whether first-timers or rehires.

The last attempt was made in late 2019, when a consolidated bill pushing for expanded insurance was tabled at the House of Representatives.

Section 46 of the draft legislation provided that compulsory insurance “shall be expanded to cover all overseas Filipino workers, including agency-hires, rehires, name hires or direct hires.”

The provision, which was supposed to promote better protection for all OFWs, also stated that the premium payment amounting to US$144 (HK$1,120) per two-year contract for land-based workers, should be made by the foreign employers.

Under the bill, all new contracts could only be verified by the labor attaché on site if there was proof that the mandatory insurance had been paid for. Such proof of payment would also serve as a requirement for the issuance of the OEC.

The bill failed to pass scrutiny after it came under fire from groups that saw it as yet another attempt to add to the financial burden of OFWs.

 

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Pilipina, itinangging nagnakaw sa amo ng samu't saring gamit na $283k ang halaga

 

Maghaharap ang dalawang panig sa paglilitis na gagawin sa Kwun Tong Magistracy

Itinanggi ng isang Pilipinang domestic helper ang dalawang kasong pagnanakaw na iniharap sa kanya ngayon (Aug. 9) sa Kwun Tong Magistracy.

Sumagot ng “Not guilty” nang dalawang beses si Rhea Labrador, 38 taon gulang, matapos basahin sa Tagalog ang mga akusasyon sa kanya ng dati niyang among si Chiu Wing Hei at kasama nila sa bahay na si Nancy Chiu Ng sa Silver Terrace Road, Tseung Kwan O.

Dahil sa pagtanggi ni Labrador sa akusasyon, itinakda ni Principal Magistrate Bina Chainrai ang paglilitis ng kaso sa Oct. 24-25. Ibinalik ang Pilipina sa kulungan hanggang sa muli niyang pagharap sa korte.  

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Ayon sa taga-usig, anim na saksi ang tetestigo laban kay Labrador, kasama ang ebidensiya gaya ng CCTV video, sa dalawang araw na hiningi nila para sa pagliliis.

Ang sinabing ninakaw ni Labrador kay Chiu Wing Hei na nagkakahalaga ng $280,000 ay: (1) isang pares ng brilyanteng hikaw; (2) isang pares na hikaw na Bulgari; (3) isang kwintas; (4) iIsang 10-cent Malaysian ringgit coin; (5) isang puting card holder; (6) dalawang bag; (7) limang lipstick; (8) dalawang case ng eye shadow; at (9) isang bote ng face cream.

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(10) anim na bote ng pabango, (11) isang bote ng hand sanitizer, (12) isang bote ng face concentrate, (13) isang paper box (14) tatlong mascara, (15) isang eyebrow pencil, (16) isang bote ng makeup remover, (17) apat ng tubo ng facial cream, (18) isang bote ng sun shade cream, (19) dalawang pakete ng hair conditioner, (20) isang cosmetic sponge, (21) tatlong ballpen.

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Ang sinabing ninakaw ni Labrador kay Nancy Chiu Ng na nagkakahalaga ng $3,500 ay: (1) sang pares ng Gucci high heel na sapatos, (2) isang payong, (3) limang supot (4) apat na Chinese New Year decoration, (5) dalawang notebook, (6) 118 red packet na walang laman, (7) tatlong bote ng pabango. 

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