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DAB proposes 7-day stay for terminated workers, compensation to employers

Posted on 03 September 2022 No comments

by Daisy CL Mandap

 

DAB wants FDHs who get terminated to remain in HK for only 7 days

Migrant support organizations have blasted at a series of proposals issued Thursday by the biggest political party in Hong Kong, the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) which further curtails freedoms granted by law to foreign domestic helpers.

Among the more controversial proposals in an “executive summary” circulated by DAB is that which limits the stay of terminated FDHs to 7, instead of 14 days, and another that requires them to pay compensation for early termination, even if it is the employer who backs out of the contract.

The proposals were said to have been submitted to Chief Executive John Lee on August 30, with the hope that they could be included in his Policy Address next month.

DAB members present their proposals to the media (HK01 photo)

The Asian Migrants Coordinating Body (AMCB), which is made up of various FDH groups comprising various nationalities, blasted at what they called DAB’s “slave-like” proposals.

“The proposals include labelling all MDWs who exercise their legal rights to terminate their contracts early as “job hoppers, forcing them to “compensate their employers”, leave Hong Kong within seven days and ban them (from) applying for another job in Hong Kong for two years…are creating a slave-like class here in Hong Kong,” said the AMCB.

The reference to the two-year ban on workers whose contracts were prematurely terminated is not in the executive summary but was reportedly brought up by some DAB members who called a press conference where only local media representatives were apparently notified.

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According to reports from that press conference, the DAB also wants FDHs who claim to have working experience to present their previous employer’s “evaluation and certification letter” for consideration by the new employer.

But even those who finish their two-year contracts are not spared from DAB’s definition of job-hoppers. In its position paper, the DAB says, “to combat job-hopping by FDHs, the contract shall ensure that FDHs must return to their place of origin upon completion of the contract.”

It suggested that the standard employment contract must provide that a FDH who takes up a new employment must produce a valid air ticket in her name to prove that she had returned to her place of origin before moving to the new employer.

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DAB’s stern stance towards so-called “job hoppers” or those who supposedly terminate their contracts on a whim, appears rooted on their perception that FDHs have taken advantage of Immigration’s decision to relax the 14-day rule for terminated workers amid travel restrictions brought about by the pandemic.

Instead of seeing Immigration’s move as supporting employers who needed to hire an FDH immediately amid Hong Kong’s extended travel bans and other travel restrictions, DAB claims it gave FDHs the chance to move to employers who could offer them higher pay.

Xiao Weizhong, a member of DAB’s family affairs committee, cited the example of a FDH who reportedly quit her job after just two months, then moved to another employer in the same housing estate for a much higher pay.

But AMCB said allegations of job-hopping are purely a myth.

“MDWs (migrant domestic workers) come to Hong Kong to work and support their families back home. The process of getting a visa is long, expensive and challenging. This is why even when their working conditions are bad many MDWs will work to finish their contracts…” said their statement.

Contrary to DAB’s claim that the pandemic allowed FDHs to job-hop to secure better-paying and easier jobs, the AMCB said the crisis actually showed how vulnerable migrant workers are, as many were thrown out of their employers’ houses or neglected after coming down with the coronavirus.

“Yet no employers (have been) held accountable,” said AMCB.

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But, “infected or not, MDWs continue to serve and care for Hong Kong families especially children and the elderly throughout the pandemic. They should be respected, protected and recommended for the care they give to vulnerable communities in Hong Kong.”

DAB’s “outrageous” proposals would leave FDHs even more vulnerable, unable to protect themselves or stand up for their basic rights, said AMCB.

AMCB leaders in one of their protests for better working conditions for MDWs

Not all of DAB’s proposals were controversial, however, and could be seen as actually beneficial to migrant workers if implemented fairly, such as:

(1)   The establishment of a Foreign Domestic Helpers Authority which will regulate the business practices of employment agencies and oversee the processing of FDH contracts;

(2   (2)  Requiring all registered EAs to be accredited by the consulates of the sending countries

(3   (3)   Revise the Code of Practice for EAs so the fees that they are allowed to charge are set out more clearly; 

(4   (4) Establish a rating system for EAs;

(5   (5) Regulate the boarding facilities for FDHs;

(6   (6) Provide training courses for FDHs and employers;

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       (7)   Limit the amount of loan that FDHs can take from lending companies to no more than ice their monthly salary;

(8   (8) Set up an information website specifically for employers and improve services for FDHs, like making the Labour Department’s hotline available to them 24 hours a day, as well as a one-stop online services that provide multi-language options;

(     (9)  Set up FDH centres across the city, which will provide them a place for gathering and recreation on their days off.

A key proposal is to provide tax breaks to employers for their expenses in hiring FDHs, such as for medical examination in HK, mandatory training courses in their home countries, and for “the total amount of salary paid to FDHs.”

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Health expert says Covid infections to peak later this month; cases top 10k again

Posted on No comments

By The SUN

 

Prof Hui says after the infection peaks, the quarantine may be lifted in November

Government expert adviser David Hui said on Saturday that he expected Covid-19 cases to peak later this month, but warned the public against attending large-scale gatherings during the upcoming Mid-Autumn festival.

Speaking at a radio program, Hui said that if the daily tally declines next month and the public health care system is not overwhelmed with cases, then the mandatory quarantine for inbound travelers may be scrapped by November.

He made his statement as Hong Kong reported 10,426 new infections, the second time this week that the number breached the 10,000-mark since late March.

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Hui said it appears three doses of a vaccine are no longer enough to protect people from getting infected, especially when they gather in large numbers.

This was what happened to several doctors who all came down with the virus last week, after attending a wedding reception.

He said the new government requirement for people to present a negative rapid antigen result before attending gatherings of eight people or more would help curb the spread of the virus.

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However, he said the official infection tally may not be accurate as some people who test positive on RATs may not be reporting their infections anymore.

The Chinese University professor said the real time reproductive number is now still at 1.3, so the daily infection tally will continue to rise for now. The vaccination rate for children and the elderly is still at a low level, which contribute to the problem.

Thus, the mandatory three-day hotel quarantine and four-day medical surveillance required of new arrivals cannot be lifted just yet, he said. Public hospitals will again be put under “tremendous pressure” if the cases continue to rise.

"But hopefully when the BA.5 wave peaks in around September, then the cases will come down,” said.

“At the same time, if we can continue to lift the vaccination rate to generate better protection, then hopefully by November we will be in a much better position."

Dr Lau says an elderly man was found dead at home days after testing positive

Meanwhile, Dr Lau Ka-hin of the Hospital Authority again appealed to the elderly or their family members to make sure they report their Covid infection promptly, and seek medical help even if they don’t have symptoms.

Lau made the appeal after reporting the case of a 69-year-old man who was found dead at his home by relatives. The man, who was unvaccinated, had tested positive for Covid-19 on Aug 28 but did not seek medical help. He was unvaccinated.

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He was among seven infected people who died yesterday, pushing the death tally in the fifth wave to 9,503. The six others all died in public hospitals – two had three shots, three had two, and the last did not receive any vaccination.

The number of Covid patients now in public hospitals has gone up to 2,739, and they include 61 in critical condition and 51 in serious condition. 

Among those listed as critical, 16 are in intensive care units, including a five-year-old girl who has been fighting for her life since mid-August.

BASAHIN ANG DETALYE

A total of  318 patients have recovered, and 286 of them have been discharged.

Dr Albert Au of the Centre for Health Protection said that the day’s tally included 10,222 that were locally transmitted and 204 imported cases.

Among the imported cases, 65 were detected at the airport, 61 in quarantine hotels, and 71 between days 4 and 7. A further seven were found after day 7 but had a low viral load, suggesting they were reinfections.

The imported cases came from 44 countries, of which had more than 10 cases each: United Kingdom, 33; Thailand, 24; United States, 21; and the Philippines, 19.

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11 arrested in new raids against illegal work; 1 jailed 15 months

Posted on 02 September 2022 No comments

 

Immigration officers herd suspected illegal workers arrested during an operation

Ten suspected illegal workers and an alleged employer were arrested in two Immigration Department operations, and at least one of those arrested was convicted and jailed yesterday according to a statement issued today, Friday.

The arests were made in territory-wide anti-illegal worker operations codenamed "Lightshadow" and "Twilight" in which 81 target locations were raided from Aug 29 to Sept. 1. 

The raids were made on a bakery factory, food and beverage areas, an industrial building, premises under renovation, recycling yards, restaurants, retail shops, vegetable stalls and warehouses.

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The 10 who were arrested for illegal work comprised two men and eight women, aged 28 to 55. Among them, one man and three women were holders of recognizance forms, which prohibit them from taking any employment. In addition, one man was in possession of a forged Hong Kong identity card.

The alleged employer was a woman aged 53.

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The one who was jailed is an Indonesian woman aged 39, who was arrested while working as a cleaner in a bakery factory during operation "Twilight" on Aug. 30.

“Upon identity checking, the woman produced for inspection a recognizance form issued by the ImmD, which prohibits her from taking employment. Further investigation revealed that she was a non-refoulement claimant,” an Immigration press statement said.

She was charged at Shatin Magistrates' Courts on Sept. 1 with “taking employment while being a person in respect of whom a removal order or deportation order was in force.” She pleaded guilty and was sentenced to 15 months' imprisonment.

The punishment was within the sentencing guidelines set by the Immigration Ordinance, which says that “a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land” can be fined up to $50,000 and jailed for up to three years for illegal work.

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The Immigration statement also warned of punishments for those who violate their conditions of stay, such as those for domestic helpers and visitors, by taking employment in Hong Kong, whether paid or unpaid, without Immigration’s permission.

Violators 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.

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As for an employer who hires a person not lawfully employable, the punishment has been 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 director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability.

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Parents urged to get kids jabbed as 9,901 new infections reported

Posted on No comments

The SUN

 

Kids' beds in public hospitals are nearly full, government doctors say

Health authorities have repeated calls for parents to get their children vaccinated against Covid-19 as the city added 9,901 new infections on Friday, which included 187 imported cases

The call was made as a 15-month-old baby girl whose condition was previously reported as critical, had reportedly made progress, so that she is now listed in serious condition.

Dr Lau Ka-hin of the Hospital Authority said pediatric beds for young Covid-19 patients are now 70% occupied, which already translates to full capacity, so services at public hospitals would be further strained if more children are admitted.

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Lau added that because of Hong Kong’s low birth rate there are not many kids’ beds in hospitals so if more are admitted they will be put in adult wards.

Dr Chuang Shuk-kwan of the Centre for Health Protection joined the call for getting more children to get jabbed, and dismissed reports quoting a government expert as saying that the BioNTech vaccine for kids won’t be available locally as they are too pricey.

Without this specially formulated vaccine, only Sinovac is the only one available for kids.

Chuang said the government is still in talks with the manufacturer on getting the vaccine, and that the negations have been going on smoothly.

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"I understand it's in progress, although we do not have an exact date of delivery," Chuang said.

She added that because of serious illnesses and even deaths among children lately, parents should not delay and just get whatever vaccine is available for their children.

Asked how young children aged three and above can comply with the new rule putting them under the vaccine pass, Chuang said that if the kids don’t have smartphones they could just bring a paper copy of their vaccination record to enter certain venues.

Lau reported eight new related deaths, involving patients aged 57 to 92 years old – three of them had the recommended three vaccine doses, while one did not get vaccinated at all. They took the death toll in the fifth wave to 9,496.

Two of the fatalities were dead on arrival at the hospital, and are believed to have died from causes other than the coronavirus.

One was an 80-year-old man who had no vaccination and declined to be taken to hospital when he tested positive on a rapid antigen test on Aug 22, or see a doctor. He had a history of hypertension and diabetes.

Press for details

The other was a 57-year-old woman with lung cancer who also tested positive on a PCR test on Aug 22, but did not go to a hospital. She had two jabs.

Her family took her to a hospital when they noticed her slurred speech. She fainted and was briefly resuscitated, but was declared dead shortly after.

Lau reported 2,667 patients are now receiving treatment in public hospitals. Among them, 48 are in critical condition, including 13 in intensive care; and 54 have severe symptoms.

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Of the 187 imported cases, 70 were detected at the airport, 57 in quarantine hotels, 51 between days 4 and 7 after arrival, and the remaining 9 after day 7.

Six countries each logged more than 10 infected cases: United Kingdom, 25; India, 24; Singapore and the Philippines, 18 each; United States, 15; and India, 12.

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Kasong pagnanakaw laban sa Pilipina, iniurong

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Mananatiling malinis ang rekord ng Pilipina dahil sa hatol ng mahistrado sa Eastern Court.

Isang Pilipinang hinuli ng pulis at kinasuhan ng pagnanakaw ng tig-isang pakete ng sushi at salad sa isang tindahan sa Central, ang pinawalang sala ngayon, Biyernes, sa Eastern Magistracy nang iurong ng taga-usig ang kaso laban sa kanya.

Tinanong ni Magistrate Edward Wong si N.Arellano., 45 na taong gulang, kung payag siyang tapusin na ang kaso sa pamamagitan ng bind over, o pagbibigay ng pangakong hindi na magkakasala.

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Nang sumagot ng oo ang domestic helper, na nagtatrabaho sa To Kwa Wan, Kowloon, ay binigyan ito ng kondisyon upang manatiling malinis ang kanyang rekord sa Hong Kong -- ang hindi na siya magkakasalang muli sa loob ng isang taon.

Kapag magkakasala siyang muli sa  loob ng isang taon, pagbabayarin siya ng $500 at pagdudusahin sa parusa na para sa bagong pagkakasala.

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Bago rito, sinabi ng kanyang abogado na ipinaliwanang na niya sa Pilipina ang mangyayari dahil pumayag ang taga-usig na hindi na ituloy ang kaso laban sa kanya.

Nahuli si Arellano ng mga pulis noong Jul 24 sa labas ng Market Place by Jasons sa Connaught Road, Central.

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Nakuha sa kanya ang sushi at salad, na agad niyang inamin na hindi pa niya nababayaran. Hindi sinabi sa sakdal kung magkano ang halaga ng mga ito.

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Two Filipinas plead not guilty in laundering case involving $1.35m

Posted on 01 September 2022 No comments

By The SUN

Tell-tale signs of laundering: big sums are deposited and withdrawn on same day (File)

Two Filipina domestic helpers whose bank accounts were used to launder a total of more than $1.3 million more than two years ago, both pleaded not guilty to a charge of dealing with property known or believed to be proceeds of a crime - more popularly known as money laundering.

One of the defendants, Marissa C. Mesa, 46, also denied an alternative charge of conspiring with an unnamed person to deal with a total sum of $1,075,781 which passed through her account with HSBC between Apr 21 and May 25, 2020.

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The other defendant, Hazel V. Gepulgani, 33, was accused of using her HSBC account to deal with a total sum of $281,400, between Jun 13 and Jun 18, 2020, “knowing or having reasonable grounds to believe” that the money represented proceeds of a crime.

Following their not-guilty pleas, Principal Magistrate Ada Yim set down the trial of their cases to Oct. 18, to allow lawyers on both sides to line up their evidence and witnesses.

Magistrate Yim also extended the defendants’ bail on the same terms - $2,000 for Mesa and $1600 for Gepulgani.

The charge laid against each of the two defendants, more popularly known as “money laundering,” is said to be contrary to sections 25(1) and 25(3) of the Organized and Serious Crimes Ordinance.

The two accused last appeared in court on Jul 22, along with three other Filipinas who all admitted a count each of dealing with property known to be proceeds of a crime.

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The money that passed through the accounts of the five defendants, totalling nearly $2 million, was said to have been obtained in part from a local woman who fell prey to a love scam.

The three – Fatima Sumcio, 47; Judyline Astronomo, 46; and Ayishah Barton, 40; were subsequently sentenced to eight, four and two months in prison, respectively by Magistrate Edward Wong. The sentences reflected the amount that passed through each of their bank accounts.

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The magistrate rejected one of the defense lawyers’ claim that the women were victims, saying they were active participants in the crime for having accepted between $1,000 and $3,000 in exchange for handing over their ATM cards.

Read the previous story here: https://www.sunwebhk.com/2022/07/people-who-sell-their-atms-to-money.html.

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HK’s daily Covid tally surges to 10,586

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By Daisy CL Mandap

 

Lila and Rosa set out to return to school today amid a new surge in Covid-19 cases


Hong Kong's daily Covid-19 tally passed the 10,000 mark on Thursday, the first time since late March that the figure reached five digits. 

Dr Chuang Shuk-kwan of the Centre for Health Protection said at the press briefing Thursday that 10,586 new infections were recorded yesterday, 244 of them imported.

While the daily tally marked a new critical point in the city’s campaign to bring the coronavirus spread under control, Chuang said it did not come as a surprise.

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"We still have an increasing trend of the number of confirmed cases. The number of cases exceeding 10,000 is within our expectation,” said Chuang.

“The proportion of severe and death cases have not yet increased. But of course the absolute number has been increasing because of the increase in the denominator.”

Right now, the biggest concern is how the Hospital Authority could cope with the added burden on the public health care system, she said.

One of the new measures aimed at easing the problems caused by the rapid increase in cases, especially on children, is to lower the age requirement for the vaccine pass scheme from 12 to five.

All children in the relevant age bracket will now be required to have two doses of a Covid vaccine, while adults should get no less than three jabs.

Chuang said parents will have a two-month grace period starting from today to have their kids vaccinated. The government will announce more details next week.

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The move comes as the Hospital Authority revealed that another toddler, a girl aged 15 months old, is in hospital in critical condition.

The baby developed a fever on Aug 30 and tested positive on a rapid antigen test. She was taken to the hospital early today with convulsions, and was immediately transferred to the intensive care unit.

HA’s Dr Lau Ka-hin said the convulsions have stopped but the baby is still under observation at the ICU.

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Another infected toddler, a boy aged 17 months, remains in critical condition. Lau said a medical examination showed the baby has acute meningitis due to Covid. He remains attached to a tube to help him breathe but his vital signs are all stable.

Also still in critical condition is a girl aged five years and nine months, who has been in hospital since Aug 12.

The three children are among 2,627 Covid patients being treated in hospital. Among them, 48 are now in critical condition and 58 are in serious condition. Fourteen of those listed as critical are in ICU.

Lau reported 11 more deaths, involving five men and six women aged from 78 to 94. They took the death toll in the fifth wave to 9,488.

Seven of the deceased patient were double-jabbed but had yet to receive the booster, and one was unvaccinated. 

One of them, an 80-year-old man, is believed to have died from causes other than Covid.

The man was found unconscious at the home for the elderly where he was residing, and was found to be no longer breathing when taken to United Christian Hospital. The Coroner has been asked to look into the cause of death.

Although face-to-face classes reopened only today, 139 positive cases were reported by 84 schools, involving 113 students and 26 teachers and staff.

In all, more than 550 teachers and students missed the first day of school after testing positive today or in the past few days.

Of the 244 imported cases, 73 were detected at the airport, 81 during the hotel quarantine, and 72 between days 4 and 7 after arrival. There were a further 13 cases found after the seventh day, but they’re believed to be mostly re-positive cases because of the low viral load.

The Philippines leads the countries from where the infected travelers had come from, with 27 positive cases; Thailand had 24; United Kingdom, 23; India, 20; United States, 19; and France, 13.


Private hospitals pledge up to 1k beds if Covid situation worsens

Posted on 31 August 2022 No comments

By The SUN

 

St Teresa's Hospital in Kowloon has accepted the most number of patients from public hospitals

All 13 private hospitals have agreed to provide more beds to non-Covid-19 patients in public hospitals in case the number of infected people who need hospitalization continues to mount.

This was disclosed in a government press release issued late on Wednesday, after health authorities reported an additional 9,495 coronavirus infections, including 228 imported cases.

According to the statement, all private hospitals have already committed to provide a total of 364 beds at the initial stage of the patient transfer arrangement with the Hospital Authority. This will be gradually brought up to around 1,000 “depending on actual demand.”

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Health Secretary Prof Lo Chung-mau is quoted in the statement as saying private hospitals are making more rooms available to patients from public hospitals.

He said at least 380 beds have already been set aside by the private hospitals for non-Covid patients from public hospitals, with the occupancy rate going up to 70 percent on Tuesday, from less than 50% a week ago.

Prof Lo said he was pleased to learn that private hospitals have responded positively to the appeal to accept more patients from public hospitals to help alleviate pressure on the public health system, but would like to see the cooperation extended further.

“I hope that private hospitals can fulfill their social responsibility and meet the public expectations by continuing their collaboration with the HA and resolving difficulties in a positive and pragmatic manner, in a bid to expedite the transfer arrangement for HA patients to receive early treatment in private hospitals,” Lo was quoted as saying.

Meanwhile, Dr Chuang Shuk-kwan of the Centre for Health Protection said at the daily press briefing that with the continuing rise in the number of infections each day, “we can expect the number of cases to rise above 10,000 soon.”

Nine more Covid-related deaths were reported, involving patients aged 34 to 97 years old. They took the total tally in the fifth wave to 9,477.

Dr Lau Ka-hin of the Hospital Authority said the 34-year-old male patient was admitted to hospital on Aug 29 complaining of a pain in his leg which was swollen, and a stomach ache. He tested positive for Covid-19 on rapid test two days earlier.

A day after being admitted his blood pressure dropped. His condition deteriorated and he had to be intubated. He passed away early this morning.

Lau said doctors believe the patient’s death was due to a hidden health condition like vascular thrombosis and not Covid-19.

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The patient received three vaccine jabs. Only one other deceased patient had the same number of shots. Two of them did not receive any vaccination at all.

A total of 2,598 Covid patients are now receiving treatment in public hospitals, including 53 who are in critical condition and 51 in serious condition. Fifteen critically ill patients are in intensive care.

Because of the continuing rise in infections, Lau said public hospitals give priority to those in serious condition when admitting patients, as well as the elderly.

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"We are admitting quite a lot of the elderly to hospitals for treatment of Covid as well as other medical illnesses, because we know that many of the elderly have other medical diseases, for example hypertension. Some of them even have cancer. We are screening the cases according to our clinical judgement," he said.

Lau said those with mild symptoms who can be looked after at home will not be admitted to hospitals because their beds are now being reserved for those with serious symptoms or illnesses.

Of the 228 imported cases, 110 tested positive on arrival at the airport, 59 during the three-day hotel quarantine, 51 on days 4 to 7 of their arrival, and 8 after. The latter had high Ct values so they are likely re-positive cases.

The infected travelers came from 51 countries, and the following had more than 10 passengers who tested positive after arriving in Hong Kong: United Kingdom, 32; United States, 20; Thailand, 18; India, 16; the Philippines, 14; France, 13; and Vietnam, 11.

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