Filipino DH now charged with murder in death of girlfriend

By The SUN

 

The alleged murder happened in a boarding house on Stone Nullah Lane in Wan Chai

The police said today, Thursday that it has amended the charge filed against Filipino domestic worker Bernie Macatangay Valencia over the death of his girlfriend Ivy Quiabang on Dec 22, 2021 to murder.

Valencia, 42, was originally charged with wounding with intent after 37-year-old Quiabang was found collapsed on Dec 23 two years ago in their rented unit on 82 Stone Nullah Lane in Wan Chai.

Police who responded to a call for assistance at about 9:30pm that day found Quiabang unconscious and with face injuries. She was rushed to Ruttonjee Hospital unconscious.

She was later transferred to Pamela Youde Nethersole Eastern Hospital where she underwent an operation for brain hemorrhage but did not regain consciousness.

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Quiabang’s friends who reported the case to the Philippine Consulate said the couple had fought the night before, during which the accused had punched the woman, knocking her unconscious.

After an initial investigation, Valencia was arrested on the same night, and was taken to court charged with wounding with intent on Dec. 25.

Quiabang did not recover consciousness and was certified dead at 7:52am on Jan 2, 2022.

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The next day, Valencia appeared again in court, and prosecutors said that after Quiabang’s death the charge against the defendant would be amended to either manslaughter or murder.

The prosecution also said it would oppose any bail application by Valencia owing to the seriousness of the charge against him. 

His case was last set down for mention at Eastern Court last week, during which the prosecution asked for more time to look into the case. Valencia was remanded in jail.

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According to the police statement, the case will be mentioned at Eastern Magistracy again on Oct 18. District Crime Squad 1 of Wanchai Police is handling the case.

Records at the Overseas Workers Welfare Administration showed Quiabang was a single mother who was raising her two young kids with help from her family in Isabela.

She had worked for a single employer for eight years and was due to move to a new employer on Jan 3 had she not met an untimely death.

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Filipina challenged on claim her male employer had raped her with wife's help

By The SUN

 

The alleged rape will be heard for 10 days at the High Court 

A Filipina domestic helper was cross examined at the High Court on Thursday about her claim that her former male employer had raped her more than four years ago, after his wife had asked her to have sex with them in exhange for money.

The male employer, Chan Chim-tak, 48, faces one count of rape and another of attempted rape, while his wife, Lai Chi-san, 36, is charged with aiding and abetting the rape, and of indecent assault.

The offences allegedly happened on the night of Jan. 21, 2018, at the couple’s home in Hung Fuk Estate, Hung Shui Kiu in Yuen Long.

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The couple both pleaded not guilty to the offences. Chan claims the helper, who was 30 years old at the time and had been in their employ for just three months, had consented to the sexual acts that happened that night.

But in her court testimony, the helper said Chan had raped her after she refused Lai’s offer for her to sleep with them in exchange for money.

The helper, who is married and has two children back in the Philippines, told the court that on the night of the alleged offences, she had put the couple’s eight-year-old daughter and one-year-old son to sleep.

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As she put the baby in a crib inside the couple’s room, Lai, who was lying in bed naked with her husband, asked the helper to sleep with them, but the helper refused. She then went to her room which she shared with the couple’s daughter.

However, Lai sent her text messages, saying things like “sir likes you” and “you like sir?”

Afterwards, Lai went to the helper's room wrapped only in a towel and asked her to go their room, saying: "Come, come, sir wants you, pay money."

When the helper refused, Lai allegedly held her by the wrist and dragged her to their room. The witness tearfully said she had no choice but to follow Lai as she did not want to lose her job.

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As soon as she entered the room, Chan closed the door and tried to grab her. The helper said she resisted but Chan threw her on the bed.

All this time, Lai was lying on one side of the bed and when the helper turned to her for help, she merely said, “It’s ok, it’s ok.”

The helper said she shouted for help as Chan said “madam ok, madam ok”. The couple laughed at her while she pleaded for help.

Chan then pressed her down on the bed, kissed her on the lips and unhooked her bra before kissing her breasts, then took off all her clothes. He then performed oral sex on her before raping her.

Lai also allegedly gave her husband oral sex to help him get an erection so he could rape the helper.

The complainant said that after the assault, Chan told his wife to buy her contraceptive pills, then stuffed $150 worth of bills into her hand, telling her to keep her mouth shut.

But the helper complained to her employment agency about the assault, then went to the police early the next day to file a complaint. A subsequent medical examination showed Chan’s DNA was inside the helper’s body.

It also emerged during her cross examination that the helper had served a notice of termination of her contract 14 days before the incident, citing Lai's bad attitude towards her.

When questioned by the police, Chan admitted that he had sex with the helper but claimed it was just "a deal."

But during cross examination, barrister Priscilla Lam who is acting for Chan, questioned the helper’s credibility. The defense counsel showed text messages between Lai and the helper, which seemed to suggest that the latter’s work performance was unsatisfactory.

Lam said that around Dec 9 and 10, the helper had indicated she wanted to quit. "By that time, you had already harboured a feeling of dislike and even hatred towards this family."

The helper did not dispute this, saying that she had in fact served a one month’s notice to terminate her contract on Jan 8, 2018 because of Lai’s poor treatment of her and of her own children. 

The defense also tried to suggest to the helper that she had been lying about the alleged rape and that in fact she had consented to the sex acts, but she rejected the claim.

In particular, the helper was asked why she told the court that she was pushed by Chan to the bed before raping her, when in her police statement she said she was carried by the male employer to the bed when she tried to flee.

Lam also pointed out to her that she did not mention in her police statement Lai’s supposed “it’s ok” and Chan’s “madam, ok” assurances while she was being sexually assaulted.

The helper said the incidents happened a long time ago and she was asked to give her statement sometime around 1am or 2am, during which she was pressured to wind it up.

The trial before Mr Justice Alex Lee began on Monday and is expected to last for 10 days. It continues tomorrow.

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Rehab imbes na kulong para sa umaming nagnakaw ng sapatos

 

Isa ang Hei Ling Chau sa mga lugar na pwedeng pagdalhan sa Pilipinong adik.

Malaki ang dapat ipagpasalamat ng isang Pilipino na umaming nagnakaw, dahil imbes ipakulong siya ng isang magistrate ng Eastern Courts ay ipinasok siya sa drug rehabilitation upang matulungang makabalik sa normal na buhay.

Pinahaba rin sa siyam na buwan ang panahon para bayaran ni Salvador Bermejo, 28 taong gulang at walang trabaho, ang $3,300 na halaga ng gomang sapatos na ninakaw niya sa biktima sa isang flat sa Wanchai nitong Apr 1.

Sa unang pagdinig sa kaso noong Hunyo ay umamin si Bermejo sa pagnanakaw, at ipinagpaliban ni Magistrate Jason Wan ang pagbibigay ng parusa sa kasunod na pagdinig noong July 28, kasabay ng pagbabayad sa ninakaw niya.

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Pero hindi sya sumipot sa korte sa takdang oras, kaya ipinaaresto siya ni Magistrate Wan. Pinagawan din siya ng report mula sa probation officer at community worker.

Araw sana ng hatol ngayon (Aug. 11) upang bigyan siya ng parusa na ibabase sa report.

Ayon kay Wan, hindi niya intensyon na ipadala si Bermejo sa DATC (drug abuse treatment center), pero ayon sa report na natanggap niya, nadiskubreng si Bermejo ay lulong sa ipinagbabawal na gamot.

Halimbawa, nang kunan siya ng dugo habang nakakulong, may nakitang drogang methamphetamine sa kanyang sistema.

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“Ang ibig sabihin nito ay inaabuso mo pa rin ang droga kahit nasa korte na ang kaso mo,” ika ni Magistrate Wan.

Sumagot si Bermejo, a pamamagitan ng tagasalin, na ibig niyang ipaalam sa korte na hindi siya regular na gumamamit ng droga.

Pero sinabi ni Wan na naparusahan na siya sa dalawang kasong may kinalaman sa droga.

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Ang tagal ng ilalagi ni Bermejo sa DATC ay depende sa bilis ng kanyang pagbangon mula sa pagkalulong sa droga.

Sinabi ni Wan na baka umabot ito ng ilang buwan, at ito ang dahilan kaya binigyan siya ng dagdag na panahon upang humanap ng ibabayad sa kanyang biktima.

Pero sinabi ni Wan na kung mahihirapan siyang magbayad ay dapat siyang magsabi sa korte, dahil kung hindi pa niya nababayaran ang buong halaga sa deadline at wala siyang pasabi ay ipapaaresto siya.

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Pinay ligtas sa kulong matapos umaming sinaktan ang alagang bata

 

Nakaiwas sa kulong ang Pilipina sa pagdinig na ginawa sa Shatin Courts,

Isang Pilipinang domestic helper ang nakaligtas sa kulong nang parusahan siya ng suspended sentence matapos naumaming sinaktan niya ang alagang apat na taong gulang na babae.

Nabunutan ng tinik si G. Liga, 34 taong gulang at mula sa North Cotabato, nang isalin sa Tagalog para sa kanya ang hatol ni Magistrate Edward Wong Ching-yu sa Shatin Magistracy.

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Ang parusa ni Liga ay nagsimula sa 15 buwang pagkabilanggo, pero binawasan ng 1/3 dahil sa pag-amin niya, kaya naging 10 buwan.

Dahil suspendido ang hatol nang 12 buwan, hindi makukulong si Liga kung hindi siya magkakasala ulit sa loob ng panahong ito. Ibinalik rin ang piyansa niyang $500.

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Kinasuhan si Liga dahil pinalo niya sa kamay at kinurot sa likod ang alaga nyang babae nang makitang nawawala ang isa nitong medyas noong Nov. 5, 2021 habang pauwi na sila mula sa kindergarten na pinapasukan ng bata sa Tai Wai, Shatin.

May nakakuha ng larawan sa nangyari at inilabas ito sa isang Facebook page ng isang concern group tungkol sa mga DH, na nakita ng ina ng bata.

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Dinala ang bata sa Queen Elizabeth Hospital at doon nakita ang pamumula sa braso at likod niya.

Tumawag ng pulis ang amo ni Liga at ipinaaresto siya. Sinisante na rin siya nito.

Sa video interview ng pulis, inamin ni Liga na nasaktan niya ang bata dahil sa bugso ng kanyang damdamin, at upang patigilin ang kalikutan nito na maaring maglagay sa kanya sa panganib dahil nasa labas sila.

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Sinabi ng abogado ni Liga na malinis ang rekord nito sa Hong Kong at pinagsisisihan niya ang ginawa sa alagang napamahal na sa kanya.

Gusto na rin nyang umuwi at alagaan ang mga magulang at dalawang anak niya na nasa Pilipinas, dagdag ng abogado.

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Nang tanungin ng hukom kung ano ang nararapat na parusa sa ganitong kaso, sinabi ng abogado ni Liga na mainam ang suspended sentence.

Sinabi naman ni Magistrate Wong na hindi dapat gamitin ang dahas sa mga bata, at binigyan niya ng ganitong parusa si Liga upang magsilbing paalala na huwag na siyang uulit.

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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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