Chinese couple, 3 Filipinas charged in connection with $10m usurious loans

By The SUN

 

Police displayed the 242 Philippine passports they seized from the illegal money lenders in 2017 

More than five years after they allegedly conspired to lend a total of $10 million to about 1,000 Filipino domestic workers at usurious interest rates, a local couple and three Filipina domestic workers who were tagged as their runners were finally charged in court.

Tai Ming-fung and Cheng Wai-king, both 55, were charged over the weekend with conspiring with Lorna M. Pingol, 47 and Alma M. Cuntapay, 57, as well as another Filipina known only as Jessie “and other persons unknown” to lend money at a rate of interest in excess of 60 percent per year.

This is said to be in violation of section 24 (1) of the Crimes Ordinance and punishable under sec. 24(4) of the Money Lenders Ordinance.

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Their alleged offences happened between May 1, 2016 and March 12, 2017 although it’s not clear why the charges were only brought to court last Friday, Oct. 14.

Earlier reports from the police said the group made as much as $12 million from the illegal transactions. The borrowers were allegedly charged an interest of 10% per month, or 120% per year, double the legal rate.

A similar charge was filed against Milagros-Anna M. Laderas, 46, and Jessie – the couple’s domestic worker who has apparently fled Hong Kong – and other persons unknown. Their offence was allegedly committed between an unknown date in July and September 2016.

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Officers of the Crime and Triad Bureau said at a press conference in April 2017 that they had arrested the couple they tagged as the masterminds, as well as their Filipina helper, allegedly their assistant, after passports used as collaterals had changed hands.

Seven other Filipina helpers who served as their contacts and runners were also reportedly arrested in follow-up raids.

The police said over a short period of eight months, the syndicate had lent out a total of $10 million loan in cash, and made at least $12 million in illegal interest payments.

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A total of 242 Philippine passports were recovered at the time, and a large number of bank records, debt notes, and employment contracts were seized.

The holders, all domestic helpers, had used them as collaterals for loans of $4,000 to $15,000 that carried a 10% monthly interest rate.

Officers recovered $106,000, several work contracts and 242 Philippine passports, cell phones, bank documents and some pieces of jewelry.

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Police said then that they would not be returning the passports to the Consulate as they would be used as evidence in court.

At Eastern Court today, Cuntapay asked Principal Magistrate Ada Yim for more time to comply with an order to surrender her passport. Cuntapay promised to have it ready by Friday, Oct. 21, and the magistrate agreed.

Cuntapay’s cash bail of $2,000 was extended until then.

No mention was made of the other defendants and when the next hearing of the cases against them will be held.

Under Hong Kong laws, anyone convicted of lending money at usurious rates shall be liable on summary conviction to a maximum fine of $500,000 and imprisonment for two years.

If the conviction is rendered on indictment, the maximum penalty should be a fine of up to $5 million and imprisonment for 10 years.

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2 Pilipinang OS na nahulihan ng droga, bigong mag-piyansa

Ang gusali sa Wanchai kung saan nahuli ang tatlong akusado

Dalawang Pilipinang overstayer ang hindi pinayagang magpiyansa sa Eastern Courts ngayon (Oct. 17) samantalang ang kasama nilang British sa kasong may kinalaman sa droga ay pinayagang umalis sa Hong Kong kapalit ang pagtaas ng kanyang piyansa sa $50,000 mula $5,000.

Tinanggihan ang alok na $5,000 bilang piyansa upang makalayang pansamantala sina Maria Elda Cabello at si Teodora Quijano, na parehong 33 taong gulang, at nahaharap sa sakdal na drug trafficking o pangangalakal ng droga. 

Ibinalik silang pareho sa kulungan upang doon hintayin ang susunod na pagdinig ng kaso sa Dec. 12.

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Ang Briton na si Sam Valentine Burcher, 23 taong gulang, ay kinasuhan ng drug possession o pagkakaroon ng droga, dahil sa apat na gramo ng marijuana na nakita sa kanya. Siya ay pinayagang umalis sa Oct. 18 upang ituloy ang kanyang pag-aaral sa UK.

Ayon sa dokumento ng korte, si Burcher ay nakitaan ng droga sa hagdan ng third floor ng Hong Kong Building sa Lockhart Road, Wanchai, noong Sept. 2, kung saan si Cabello naman ang nagtitinda ng droga.

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Nang dalhin si Cabello sa tinutuluyan niya sa Room 9 ng Ming Court Hotel na nasa 2^nd floor ng nasabing gusali ay nakita si Quijano at iba pang droga na hindi binanggit sa sakdal ang dami.

Muling kinasuhan si Cabello ng drug trafficking, at pati na rin si Quijano.

Sa isinagawang imbestigasyon, nadiskubre ding wala nang visa sa Hong Kong ang dalawa. Si Cabello ay napaso ang visa noong Aug 11 ng taong kasalukuyan at si Quijano naman ay noong July 18.

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Dahil dito ay parehong sinampahan ang dalawang Pilipina ng kasong "breach of condition of stay- overstay."

Sinabi ni Principal Magistrate Ada Yim na tinanggihan niya ang alok nilang piyansa dahil mabigat ang kasong hinaharap nila at matibay ang ebidensiya laban sa kanila. Wala ding kasiguraduhan na babalik sila sa korte sa susunod na pagdinig dahil wala silang permanenteng tirahan dito.

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Pero may karapatan naman daw silang iakyat ang hiling nilang piyansa sa Court of First Instance.

Samantala ang $50,000 na piyansa naman ni Burcher ay ibababa ulit sa $5,000 kapag bumalik siya sa Dec. 11 para sa susunod na pagdinig.

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Retired teacher gets suspended sentence for assaulting Filipina helper

By The SUN

 

The abuse happened at the employer's house in Villa Esplanada, Tsing Yi

A 65-year-old retired female teacher was sentenced today to four weeks imprisonment, suspended for 18 months, after she pleaded guilty to assaulting her Filipina domestic helper last April 18.

Chow Ching-yee had admitted pulling the hair of her helper, Ruby F. Caman, slapping her and beating her shoulders and back. The assault happened inside the employer’s flat in Block 6, Villa Esplanada in Tsing Yi.

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The elderly employer was said to have been upset by Caman’s failure to respond immediately to her request for a hand massage.

Caman reported the incident to the police and Chow was arrested and later charged with one count of common assault.

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Chow had earlier pleaded guilty to the charge and in mitigation said she had been taking antidepressants for a year because she had to look after her husband who has heart disease and lung cancer.

In sentencing, Shatin Magistrate David Cheung said the case was serious and it lasted for 30 seconds. As a former teacher, he said Chow should have been more rational and should have treated Caman as an employee instead of as “slave.”

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Cheung said Chow deserved a prison sentence, but taking into account her illness and the fact that she has to take care of her sick husband, he decided to suspend the sentence for 18 months.

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That means Chow should not re-offend during that period, or she would be have to serve her sentence of four-week imprisonment, apart from whatever penalty is imposed for the new offence.

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Signal No. 1 raised as Typhoon Nesat bypasses HK

 

Expected movement  of Typhoon Nesat (HKO photo)

The Hong Kong Observatory has raised Standby Signal No. 1 as Typhoon Nesat (known as Tyhoon Neneng when it was in the Philippines) moved to within 480 kilometers south of Hong Kong and to 460 kilometers at 2 am.

At about 8am today, the Observatory said it will issue strong wind sigal no 3 between 10am and noon today, after Nesat intensified over the past few hours. Based on its present track, the storm will be closest to Hong Kong during the day.

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“Depending on the changes in local winds, the Observatory will consider issuing the Strong Wind Signal, No. 3. Members of the public are advised to take note of the latest weather information before departing today morning,” the Observatory said.

In a bulletin issued at 1 am, the Observatory said; ‘Typhoon Nesat was estimated to be about 480 kilometers southeast of Hong Kong (near 19.9 degrees north 118.0 degrees east) and is forecast to move west or west-southwest at about 15 kilometres per hour crossing the northern part of the South China Sea.

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 “Under the combined effect of Nesat and the northeast monsoon, there will be occasionally strong winds over offshore waters and on high ground. The Standby Signal, No. 1 will remain in force before 5 a.m. today morning. Winds are expected to strengthen gradually today,” the Observatory said.

With the warning came The Observatory’s advice:

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1. Precautions should be taken. Drains should be cleared of obstructions, and windows and doors should be checked.

2. People in areas of exposed to high winds or in low-lying areas should take precautions against strong winds and flooding.

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3. Those who have duties during a tropical cyclone should now remain on call.

4. There will be swells. You are advised to stay away from the shoreline and not to engage in water sports.

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5. Fishing vessels and low power vessels in open sea should seek shelter as soon as possible and be secured properly with moorings.

6. Listen to radio, watch TV or browse the Hong Kong Observatory's website and mobile app for the latest information on the tropical cyclone.

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Relatives of Filipina DH who died in Shenzhen allowed to give video testimony

By The SUN

 

The truth about Lorain Asuncion's death 5 years ago may soon be found 

More than five years since Lorain E. Asuncion was found dead after falling from the apartment building in Shenzhen where her employer’s father lived, a case filed by her sister seeking employees' compensation over the death is about to be heard.

In a decision handed down on Friday, Oct. 14, District Court Judge KC Chan granted an application by Jenevieve Asuncion Javier to allow her and two other relatives to give testimony in the case via video link, despite the opposition by Lorain’s employer, Gu Huai Yu.

But in allowing the application, Judge Chan directed Javier to take care of arranging the video links for her and her two witnesses, and that a video clip of each of the facilities that they will use be provided before the pre-trial review to ensure they provide an atmosphere of solemnity to the occasion.

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He also ruled that Gu, within reasonable bounds, may ask the witnesses to move the camera around to show the surroundings to ensure that there are no persons or “undesirable matters present” which may affect the fairness of the trial.

Apart from Javier, who lives in the Philippines, the two other witnesses are her two aunts, Susan Dichosa Escorial and Justina Yap Escorial, who both moved to Alberta, Canada after working as domestic helpers in Hong Kong.

All three cited the great cost it would entail if they were to fly to Hong Kong to give evidence, especially amid the current travel restrictions due to the pandemic.

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In his ruling, Judge Chan said the main issues at the trial would be (a) whether the incident occurred in the course of employment, and (b) whether Lorain fell down accidentally or committed suicide.

Lorain was found dead on July 24, 2017, having fallen from a multi-storey residential building in Shenzhen. She was then 28 years old. 

Javier, as applicant, claims that Lorain had told her and their two aunts that she was taken occasionally by her employer to work in the Mainland, and that the deceased was not inclined to commit suicide.

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Gu maintains Lorain occasionally went to the Mainland as a “travel companion of his family” and that just before her death, had asked to be taken across the border to be such a “travel companion.”

The insurer, Blue Cross (Asia-Pacific) Insurance Limited was named as second respondent, but denies liability on the ground, among others, that the incident occurred outside the territorial coverage of the insurance. The proceedings against the insurer has been stayed for the time being.

Based on her witness statement submitted to the court, Javier, who is 34, is expected to give evidence on Lorain’s personal background, employment history and state of mental health. She will also speak about conversations she had with Lorain, particularly those just before she died.

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Susan, who is 53, was the one who communicated with Lorain the most. She had included in her witness statement 27 pages of screen captures of messages she had with the deceased from mid-October 2016 to July 18, 2017, or six days before Lorain was found dead.

Justina, who is 39, wrote about meetings she had with Lorain in April, May and June of 2017 - and particularly the one they had on July 22, 2017, which was the day before the deceased went to Shenzhen and two days prior to the discovery of her death.

All said they could not afford to travel to Hong Kong to give evidence during the trial.

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Javier, who lives in the Philippines, is a full-time mother taking care of her children. Her husband is a farmer earning about Php30,000 a month (about HK$4,300). The cheapest estimate for her trip, including air ticket and hotel accommodation for seven days, would cost about HK$,800 which her family cannot afford.

Susan and Justina now both live in Alberta, Canada. Susan is a live-in caregiver while Justina works as a meat-packer and looks after two teen-age children who are attending school. Both say they cannot get off work, and pay the estimated $15,800 needed for flights and hotel accommodation in Hong Kong.

Judge Chan found these grounds reasonable, especially since Legal Aid would not cover the costs of their travel to and from Hong Kong.

“I consider the costs estimated by the 3 witnesses are very modest (if not under-estimates) and without any exaggerations,” said the judge. 

“Their personal circumstances deposed to in the Affidavit are detail.  Moreover, from what they say in their witness statements it seems to me that they enjoyed a close relationship with the Deceased, such that I am inclined to accept what is said in the Affidavit that the 3 witnesses all wish very much to attend trial to seek justice and remedy for the death of the Deceased.”

Refusing leave would stifle the applicant’s claim, added the judge.

Further, he said the court has already had many opportunities of receiving evidence and observing witnesses by video-link and has become experienced and apt in assessing witnesses through this medium.

The judge ordered Gu to pay the costs of the proceedings, saying he should not have contested the application in the first place.

Evelyn Tsao, of Patricia Ho & Associates, on directions by Legal Aid, acted for the applicant while Toni Y T Chan, instructed by Francis Kong & Co, Solicitors, appeared for Gu.

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Bethune House celebrates 36 years of service to migrant workers

By Daisy CL Mandap

 

Antonio calls on the community to continue supporting Bethune House's work

If you saw the happy faces of about 100 people who attended the 36^th anniversary party of the Bethune House Migrant Women’s Refuge on Friday night at Blue Ocean restaurant in Jordan, you would be hard put to tell that the shelter has been a refuge for women undergoing untold hardship.

The job was made even more difficult by the coronavirus pandemic that raged in the first months of the year in Hong Kong. Many migrant domestic workers were thrown out of their employers’ homes or boarding houses, and Bethune House was among a few groups that waded through the challenges to lend a hand.

As Edwina Antonio, executive director of Bethune House said in her welcome speech, “The pandemic created additional pressures (on us).” But as has been its practice for nearly four decades of service, the shelter wasted no time gathering resources and organizing people to extend help.

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By the time the so-called fifth (and most devastating) wave of the pandemic had eased, Bethune House had distributed more than 5,000 care packs to migrant workers and helped more than 90 of them who tested positive for Covid-19.

This was apart from the 400 or so other migrants who needed help with their legal cases, even amid the worst onslaught of the coronavirus on the city.

“And so, (through) 36 years of compassion and perseverance, even with the scourge of Covid thrown at us, Bethune House responded to the call for service,” Antonio said.

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Among those who threw a lifeline to them was the YMCA HK, which opened its doors to migrants who needed shelter during this difficult time, all the way until mid-June.

Antonio hands out certificates of appreciation to donors and supporters 

YMCA’s chief executive officer Peter Ho, who credited two of his staff members for doing much of the groundwork for the collaboration, said he was honored and grateful to have been asked to take part in the celebration.

On the receiving end of such generous support for Bethune’s advocacies are the migrant women, many of them abused, sick or enmeshed in legal disputes, whose lives were transformed after they turned to the shelter for help.

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They include Kartika, who told the gathering how Bethune House and its affiliate, the Mission for Migrant Workers, had given her fresh hope after she returned home to Indonesia in 2018 virtually penniless, despite succeeding in putting her former employers behind bars for torturing her for two years.

Kartika recounted how Antonio and Mission’s Cynthia Tellez had brought her back to Hong Kong so she could pursue a civil claim against her tormentors. She is now just awaiting the court’s decision on how much compensation she is entitled to.

Kartika (in brown) thanks Bethune and Mission for helping her fight for her rights

Erwiana, another abused Indonesian migrant worker whose year-long abuse at the hands of her female employer made headlines around the world, also paid tribute to the Mission and Bethune House for helping turn her life around by convincing her to return to Hong Kong to pursue her torturer.

In a videotaped message, Erwiana appealed for help on behalf of Bethune House, saying it is through donors’ generosity that the shelter is able to come to the aid of distressed migrants like she once was.

Another migrant worker who gave testimony for Bethune House was Estrella Pineda, a Filipina who is battling stage two cancer. She said Bethune House has been her home for nearly two years, while she undergoes medical treatment for her ailment.

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While the worst may be over for the pandemic, Bethune House cannot rest easy for long. As Antonio said, more and more distressed migrant women are knocking at their door, and it is only through help from generous supporters that they could respond to the many challenges that lay ahead.

“We have always believed that it takes a community to shelter migrant workers in distress,” she said. “We know you will never leave us…please all join hands to sustain Bethune House’s work.”

As a community-driven shelter, Bethune House relies heavily on support from the community. To donate, please click: https://bethunehouse.org/donate

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For in-kind donation or to volunteer, please send message to the Facebook page, Bethune House Migrant Women’s Refuge or email: shelter@bethunehouse.org.hk

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