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Kartika says she will use compensation ‘to heal myself’

Posted on 06 October 2022 No comments

By Daisy CL Mandap 

Kartika -flanked by Lestari and Tellez - tears up as she recalls her nightmare from 12 years ago

Her nightmare might have happened 12 years ago, but Kartika still tears up whenever she recalls the two years of abuse and terror inflicted on her by her former Hong Kong employers.

Speaking at a news conference Thursday after a half-day hearing of the $1.2 million civil claim she filed against her torturers, Kartika recalled how her family back in Indonesia had left her for dead after the couple stopped her from contacting them.

That began a two-year ordeal that still leaves her terrified, long after she had gone back home and her torturers, Catherine Au and her husband, Tai Chi-wai, were imprisoned for their horrible misdeed.

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Kartika, who has yet to receive any compensation despite an insurance company paying its $350,000 share in the civil claim, said she was “very tired” from having to wait for so long to secure justice.

But she was also happy to see the people who have helped her get to where she is now, particularly Cynthia Tellez, general manager of the Mission for Migrant Workers, who had sought her out after she had gone back to Indonesia and convinced her to pursue a civil claim.

There is also her fellow Indonesian, migrant rights activist Eni Lestari, who has been communicating with her regularly, and remains outraged that the Labour Tribunal had dismissed Kartika’s claim for the two years she was not paid  wages  

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Asked what she planned to do with the money that she now seeks, Kartika immediately said “I will use it to heal myself.”

She said she needed money to get rid of some unsightly scars from the wounds inflicted on her by Au and Tai, and to get professional counseling.

But she also plans to use some of it to secure the future of her three children and set up a small business.

Migrant activists blame HK's 'discriminatory policies' for what happened to Kartika

In a statement that she read out at the start of the press conference, Kartika recalled how her former employers had thrown away her clothes, passport, work contract and HKID card three months into their employ, so she could not run away.

They then started beating her up regularly with practically all that their hands could lay on, from bicycle chain locks to clothes hangers and hot iron - and tied her to a chair in the kitchen at night, or whenever they would leave the house.

Kartika also said she was fed only three times a week with leftover congee from the hospital where her contractual employer Au, worked. She was allowed to bathe only once or twice a week – and only in public toilets.

Once, Au told her to cut her hair, and when she refused, Kartika said the employer used a cutter to slash her in several parts of her body.

“Almost every day my employer also beat my head and back,” said Kartika.

Press for details

She said the couple had threatened to kill her if she ran away.

Worse, she was never paid any salary, and was not allowed to leave the house except when accompanied by either of the accused  

Sometime in 2011, the family of five left Hong Kong for a vacation in Thailand for seven days, and Kartika said the couple tied her to a chair dressed only in garbage bags and a diaper, with a mask to cover her face.

She also claimed she was not given any food or water during that time, although the District Court judge who found the accused couple guilty of a total of six counts of wounding and assault, had dismissed this as an exaggeration.

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In October 2012, Kartika managed to break free from being tied to a chair in the toilet, and left her employer’s Tai Po home to seek help. Some fellow Indonesian migrant workers she met on the street took her to the Indonesian Consulate General, which helped her seek police help.

After Au was sentenced to five and-a-half years in jail, and Tai, to three years and three months, Kartika, aided by the Indonesian Consulate, went to the Labour Tribunal with a claim totalling $117,272 for her unpaid wages, annual leave, and severance pay. 

However, the Tribunal rejected most of her claims and awarded her only about $5,000 in back wages. Kartika returned to Indonesia in 2014, virtually penniless.

Fortunately, she was introduced to Tellez before this, and the veteran migrants rights campaigner lost no time seeking out Kartika when she went to Central Java that same year to interview another abused Indonesian migrant worker, Erwiana Sulistyaningsih.

Lestari said that while they want the media and the public to support Kartika’s quest for justice, they also want it known that there are many other migrant workers like her who continue to suffer in silence. 

For as long as the Hong Kong government continues to turn a blind eye to the discriminatory policies that make migrant workers susceptible to abuse and exploitation, Lestari said the problems that led to the horrific fate of Kartika and Erwiana will not only remain, but fester.

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Indonesian disfigured by 2-year assault by employers testifies on $1.2M claim for damages

Posted on No comments

 By The SUN

Kartika (left) leaves District Court with Mission for Migrant Workers' Cynthia Tellez
and International Migrant Alliance head Eni Lestari

Kartika Puspitasari, the Indonesian domestic helper who suffered worse physical assault from her employers and earlier than the more renowned Erwiana Sulistyaningsih, appeared in District Court today, Thursday, to testify in a case where she is claiming $1.24 million in damages.

Twelve years after the attacks, the insurance company that covered her employment compensation has paid $350,000 for its share of the liability. But Kartika has not received a cent from the amount because it is deposited with the Legal Aid, which provided her lawyers, until the case is completed.

This left Kartika suing her former employers Tai Chi Wai and Catherine Au Yuk-shan for an additional $893,867 plus interest for the injuries she suffered in their two years of violence from October 2010 to October 2012 while she was working for them as a domestic helper.

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Tai and Chan, who had been jailed three years and three months and five and a half years, respectively, in a criminal trial that ended in 2013, did not appear in court to challenge Kartika's testimony which was prodded with questions from barrister Percy Yue.

After a half-day hearing in which she recounted the trauma and the psychological effects she still experiences, including showing her injuries to Master Catherine Cheng behind closed door, Kartika's case was adjourned for Dec. 15 for a decision on how much she should get in damages.

Watching her in the courtroom were members of the Asian Migrants Coordinating Body-International Migrants Alliance (AMCB-IMA) Hong Kong and the Mission for Migrant Workers, who helped her bring the case to court.

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Before that, the groups also held a picket in front of the District Court building, calling for justice for Kartika, and the removal of all discriminatory policies against foreign domestic workers (FDWs) in Hong Kong.

"AMCB believes that Kartika, Erwiana and many other other victims are not isolated cases. There are many FDWs who experience similar violation and abuse inside their employers' houses. However, the Hong Kong government continues to deny this reality and fails to protect the FDWs," AMCB said in a statement.

"Worst, despite the high-profile cases of abuses among FDWs and our significant contribution to the local economy, FDWs remain to be treated as slaves in the city. We are continuously subjected to various discriminatory policies such as mandatory live-in, restrictive visa policies like the two-week rule, exclusion from the statutory minimum wage, no regulation on working/resting hours as well as food and accommodation. We are even excluded from the government’s financial assistance and relief of Covid related schemes," it added.

Migrants who picketed outside court to show support for Kartika show their placards

In the itemized listing of Kartika’s claims, the biggest item was for PSLA (pain, suffering and loss of amenities), which amounted to $500,000.

“The plaintiff (Kartika) is now left with long term physical and psychological injuries that, unfortunately, would likely continue to have residual effect for the rest of her life as opined by psychiatric experts,” her revised statement of damages said.

Kartika is claiming $180,000 for aggravated damages “for injury to feelings, dignity, mental suffering, humiliation and distress from the circumstances arising from the assault, beating, threats and being tied overnight.”

She is asking $382,045 for pre-trial loss of earnings because she had to remain jobless in Hong Kong from the start of the criminal trial on Oct. 9, 2012 to its conclusion the next year, and the settlement of her labour claim in 2014. This, plus being on sick leave until 2015, was a three-year period assessed at $180,781.

Since she also could no longer work as a domestic helper because of her injuries, she had to work in a job in Indonesia that paid $887 monthly -- a lot less than what she earned before she was injured in Hong Kong, a deficiency that added up to $201,264.

Press for details

Kartika also claims $5,322 for loss of earning capacity because her injuries caused disfigurements that reduced her job prospects by 5 per cent, and psychological effects that reduced her earning capacity by 15 per cent.

She is also claiming $22,000 for special damages so she could buy better medicines than the soothing jelly that she applies when her keloids itch and become painful.

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Kartika’s last claim is $104,500 for future medical expenses to pay for plastic surgery worth $22,000 to remove her keloids in a hospital in Indonesia, psychological/psychiatric treatment for three and a half years worth $77,500 and soothing jelly worth $5,000.

ADDITIONAL READING:
Abused Indonesian maid Kartika back in HK for civil claim vs employers:
https://www.sunwebhk.com/2022/10/abused-indonesian-maid-kartika-back-in.html

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Public urged to get flu vaccination early

Posted on No comments

By The SUN

 

CE Lee (center) gets his flu shot, and calls on everyone to do the same before winter sets in

Senior government officials led by Chief Executive John Lee received seasonal influenza vaccination (SIV) today, Thursday, to encourage the public to also get their shots early in preparation for the coming winter flu season.

CE Lee said receiving the flu vaccine this year is of particular importance compared with previous years because people are more likely to get the flu now that the immunity they acquired from having had Covid-19 vaccinations has waned.

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He said people who get sick of the flu and Covid-19 at the same time could face serious consequences.

"A person may suffer from serious illnesses after getting infected with influenza. Co-infection with influenza and Covid-19 may result in more serious complications and even death,” said Lee.

He said getting vaccinated early is particularly important for those in high-risk groups such as the elderly and young children.

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To emphasize the importance of this message, Hong Kong residents aged 50 or above can get both their Covid-19 shot and a free SIV at the same time when they visit any community vaccination centre.

They can also make prior reservations for receiving both vaccinations through the booking system of the COVID-19 Vaccination Programme.

Meanwhile, the Centre for Health Protection reported a total of 4,318 Covid-19 infections today, of which 325 were imported cases.

Six Covid patients have died, while 1,669 others are receiving treatment in public hospitals.

Health Secretary, Prof Lo Chung-mau, said that the decision to provide Covid vaccine at the same time as the influenza shots is in line with the consensus reached among members of the Scientific Committee under the Department of Health.

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He said a number of venues, including designated facilities of the Hospital Authority and the DH, have started providing both vaccines at the same time.  

“As it takes about two weeks to develop antibodies afterwards, I strongly appeal to members of the public to receive vaccination early," he said.

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Under the government vaccination program, free or subsidized flu vaccines are given to eligible persons, including care homes for the elderly and persons with disabilities as well as those in child care centres, children aged 6 months to under 12, persons aged 50 or above, pregnant women, persons with intellectual disability and recipients of Disability Allowance.

For more information, members of the public may call the CHP at 2125 2125 or browse the dedicated webpage on Vaccination Schemes.

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Abused Indonesian maid Kartika back in HK for civil claim vs employers

Posted on 05 October 2022 No comments

By Daisy CL Mandap 

Kartika is seeking about $800k in compensation from her torturers

Kartika is back, and this time, she wants her former employers described as “cruel” and “vicious” by a judge nine years ago, be made to pay her damages for torturing her over a two-year period.

The Indonesian domestic worker will appear in District Court tomorrow, Thursday, at the start of the hearing of a civil case she filed against her former empoyers, Tai Chi-wai and his wife, Catherine Au Yuk-shan.

According to Edwina Antonio of the Mission for Migrant Workers which is helping Kartika pursue her case, the amount being claimed is nearly $800,000.

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A group representing the Asian Migrants Coordinating Body will stage a 30-minute picket outside court to show support for Kartika and demand an end to what they call as the government’s discriminatory policies toward migrant domestic workers.

Tai, now 51, was sentenced to three years and three months in prison on Sept 18, 2013, after being convicted of two counts of wounding Kartika Puspitasari, now 39, using his fists on one occasion, and a bicycle chain on the other.

Au, now 50, who inflicted most of the injuries on the helper, was jailed for five and a half years on six charges of wounding and assault occasioning bodily harm. Au was found to have tortured the maid with a hot iron, a paper cutter, bicycle chains, a hanger and shoe.

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The offences took place at the couple’s residence at Serenity Court in Taipo between October 2010 and October 2012.

But the accused were acquitted of false imprisonment – a charge laid based on Kartika’s claim that she was made to wear a diaper, then tied to a chair without food and water, while the couple and their three young children went on a holiday to Thailand.

Judge So Wai-tak said this claim was exaggerated and unbelievable. So also said an allegation that Au had forced Kartika to wear children’s clothes that exposed her breasts was “doubtful.”

This was despite the testimony of a caretaker for the building where the couple lived, that he saw Kartika wearing ill-fitting clothes and looking dirty the few times she was allowed to leave the house in the company of either accused.

However, the judge dismissed the couple’s defense that Kartika’s wounds were self-inflicted, and were made to extract money from them.

A doctor at the trial said Kartika had 45 scars that were about six months to just a week old, and could have only been caused by another person.

Press for details

He also said there were multiple linear scars on the maid’s legs and wrists that were consistent with her claim that she had been bound with cable.

Some of the wounds also matched Kartika’s claim of being scalded with a hot iron.

In her testimony, Kartika said she was not paid a salary during the two years that she had worked for the couple, and was not given any day off. They also made her sleep in the kitchen or toilet.

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Shortly after she worked for them, they threw away all the clothes that she had brought from Indonesia, and forced her to work wearing only a translucent plastic bag and a diaper.

Au also allegedly used threats to stop her telling anyone about her work condition. She was not able to seek help because there was no landline in the house, and the couple used only mobile phones.

Kartika managed to flee her tormentors's house on Oct. 9, 2012, after Tai had punched her in the mouth for eating without his permission, and threatened to knock off all her teeth. Fellow Indonesians she met on the street rescued her.

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Pilipina na overstay ng 14 na taon, nahuli sa ale-ale na nagtitinda ng alak

Posted on No comments

 

Isa sa mga nahuli sa mga raid na ginawa noong Aug 15-18.

Isang Pilipina na nabistong overstay na nang 14 na taon nang mahuli ng mga pulis at ahente ng Immigration sa isang bar na kanyang pinamamahalaan sa Central, ang humarap sa Eastern Courts ngayon (Oct. 5) upang sagutin ang limang asunto laban sa kanya.

Pero hindi nagkaroon ng pagkakataon na magsalita si Mary Jane Batalla, 52 taong gulang, dahil hiniling ng taga-usig na ipagpaliban ang pagdinig sa Nov. 30 dahil kailangan nila ng karagdagang legal na payo at tiyakin na sapat ang ebidensiyang nakalap laban sa kanya.

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Sinang-ayunan ni Principal Magistrate Peter Law ang hiling ng taga-usig.

Dahil hindi hiniling ni Batalla na payagan syang magpiyansa, ibinalik sya sa kulungan hanggang sa susunod na pagdinig.

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Nahuli si Batalla nang mag-raid ang pulis at Immigration sa bar na kanyang pinagtatrabahuan sa 8th floor ng Fai Man Bldg., sa Li Yuen Street West sa Central noong Aug. 15 kaugnay ng kanilang “Operation Champion” laban sa ilegal na pagtatrabaho.

Kasama si Batalla sa 10 inaresto sa mga raid na ginawa sa 92 negosyo sa Central at New Territories mula Aug. 15 hanggang Aug. 18.

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Inakusahan si Batalla ng pagtitinda ng alak nang walang lisensiya, pagtatago ng mga inuming ito para ibenta, pagtatrabaho nang walang kaukulang visa, overstaying ng 14 na taon, at pagpapatakbo ng negosyo na labag sa mga patakaran kontra sa Covid-19.

Sinabi ng taga-usig na nakumpirma na ng Government Laboratory na ang nasamsam na mga bote ng inumin ay may sangkap na alcohol, at nakumpirma na rin ng Immigration Department na nag-overstay si Batalla. Dumating siya sa Hong Kong bilang turista at pinayagang manatili lang nang hanggang July 7, 2008.

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Health expert says HK must drop all anti-pandemic restrictions

Posted on No comments

By The SUN

 

Hui says compulsory testing is no longer an effective tool in combating the coronavirus

A government adviser on the pandemic has called for the scrapping of all anti-pandemic measures in Hong Kong as soon as possible to allow the city to catch up with the rest of the world.

Chinese University professor David Hui made his call as the government announced that a total of 3,642 Covid-19 infections were recorded Wednesday, of which 324 were imported. The daily tally was up by about 400 from yesterday.

Ten more Covid patients have died, while 1,675 are being treated in public hospitals.

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Hui said that compulsory testing orders which the Centre for Health Protection issues on residents of specified premises on a daily basis are no longer effective in combating the spread of the virus.

He said it was inevitable for the virus to be found in the sewage of certain buildings where infected residents are spending home isolation.

The same is true for the LeaveHomeSafe app, which restricts the entry to certain specified premises of people deemed high risk for Covid-19. He said the app is no longer effective in tracking the spread of the virus.

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Hui also said the “0+3” arrangement which puts incoming travelers on a three-day amber code restrictions must also be abandoned if there is no rebound in cases in the coming days.

“The government should consider implementing the zero-plus-zero arrangement as soon as possible, preferably before November. There will be many large-scale conferences in November," Hui said.

He pointed out that the number of infections in Hong Kong has been slowly falling in recent days, as well as the number of deaths and patients getting hospitalized. At the same time, the vaccination rate has been going up.

“There absolutely are conditions to relax social distancing measures,” he said.

Air crew get a blue code on their return in HK but must undergo PCR tests for 5 days

Meanwhile, Hong Kong has dropped its so-called “closed-loop system” for locally based flight crew starting Tuesday, which means they can now leave their quarantine hotels freely when commuting overseas.

However, they are still advised to avoid going to bars or large-scale banquets.

The same rule applies when they return to Hong Kong, where they now get blue health codes on arrival. That means, they will not be prevented from going inside premises deemed high-risk such as restaurants.

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But unlike other new arrivals, air crew who spent time abroad will have to wait for a negative result of their PCR test at the airport, before being allowed to go home. They must also undergo PCR tests daily for five days after arrival.

Cathay Pacific Airways Flight Attendants Union was quick to call on the government to drop these rules, saying they are tough on the crew, especially those returning from long-haul trips.

The union said exhausted air crew should be allowed to go home to rest after taking the Covid-19 test, instead of hanging out at the airport for between two to three hours to wait for their test results. 

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There is also no need to subject them to daily PCR testing for five days while other travelers are required to do this on days 2, 4 and 6 after arrival. 

But following the announcement of the easing of restrictions, Cathay Pacific, Hong Kong’s flagship carrier, said the move was a “significant milestone” towards normalizing its operations.

The airline said it will add more flights, while continuing to pursue the removal of all restrictions on its crew.

The changes will also apply to Hong Kong Airlines Ltd., Greater Bay Airlines Co. and Cathay affiliate HK Express.

The rules were tightened amid the fourth wave of the pandemic last year, when two pilots and a flight stewardess were found to have left their homes in violation of restrictions, causing the spread of the coronavirus in the community.

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