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Filipina DH fined $200 for failing to register newborn

Posted on 18 November 2022 No comments

By Daisy CL Mandap

 

HK law requires all live births to be reported to authorities within 42 days 

A Filipina former domestic worker who failed to register the birth of her daughter within the 42 days required by law, was fined $200 at Shatin Magistracy yesterday, Nov. 17.

Sheryl P. Bo, 32, was also given a 10-day jail term suspended for 24 months, after she was found to have overstayed her visa for three-and-a-half months.

Magistrate David Cheung was told Bo had arrived in Hong Kong to work as a domestic helper in 2018, but her contract was terminated prematurely on Mar 28, 2022 when her employers had to relocate to another country.

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She was already pregnant at the time, and gave birth to a baby girl at Tuen Mun Hospital on June 30 this year. However, she did not register the birth within the period prescribed by law in Hong Kong.

Under sec 7 of the Births and Deaths Registration Ordinance, the father is obliged to report the birth of his child to the local registrar, or in his place, the mother, within 42 days.. In case of the death, illness, absence, or inability of either to comply with this obligation, the occupier of the house in which the child was born, or anybody present during the birth, shall make the report.

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In court, the defense lawyer said Bo had lost contact with the father of her child by then, and she became the baby’s sole caregiver.

On August 10, she applied for an extension of stay at the Immigration Department, where her having overstayed her visa was discovered, along with her failure to register her daughter’s birth.

She was told to get the birth registered immediately, and she complied on August 24, with help from PathFinders, a non-government organization that helps migrant mothers and children in Hong Kong.

In mitigation, her lawyer asked the court to impose a non-custodial sentence, saying Bo has to look after her baby, now four months old, by herself.

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In addition, Bo has a clear record, had pleaded guilty at the first opportunity, and regretted her offences.

The lawyer said they realized a fine is prescribed for those who fail to register a live birth within the prescribed period, but asked the magistrate to impose an amount that takes into consideration that Bo is unemployed and has to provide solely for her daughter.

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The Ordinance prescribes a maximum fine of $2,000 and imprisonment of up to six months if a live birth is not reported within 42 days by those responsible.

Cheung said he was imposing a fine of $300 but would reduce it to $200. When he asked if Bo was amenable to paying a $200 fine, she readily agreed, and said she could pay the amount immediately.

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Cheung ordered her $50 bail to be deducted from the fine, so she needed to pay only an additional $150.

Bo left the courtroom looking relieved, saying she was glad to be able to go back to the Philippines with her baby as soon as possible.

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Ilonggang DH na nakatakdang umuwi sa Pasko, nakitang patay

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Si Rowelyn Ledesma Arcan, 56 taong gulang, ay natagpuang walang malay sa shower,

Ni Marites Palma

Nakatakda sanang magbakasyon ang biyudang si Rowelyn Ledesma Arcan, 56 taong gulang, sa Barotac Nuevo, Iloilo, sa darating na Pasko para  sa reunion ng kanyang pamilya matapos ang ilang taong hindi sila nagkikita.

Pero ngayon ay nagluluksa ang kanyang mga kaanak at kaibigan matapos mabalitaan na natagpuan siyang walang malay sa palikuran sa bahay ng kanyang amo sa Pokfulam noong umaga ng Nov. 14 at idineklarang patay pagdating sa Queen Mary Hospital.

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Ayon sa tagapagsalita ng pulis, hindi pa alam ang sanhi ng pagkamatay ni Rowelyn, o Weng sa mga kaibigan, dahil hindi pa nagagawa ang autopsy.

Pero ayon sa kanya, walang nakitang marka sa katawan niya na magpapakita ng kahina-hinalang sanhi ng kanyang pagkamatay.

Ang kanyang labi ay nasa morge ng Queen Mary Hospital ngayon.

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Ayon sa report ng pulis, naligo si Weng bandang 8am ng umaga ng Nov. 14. Nagtaka ang amo niyang lalaki, na dayuhan at 45 taong gulang, dahil matagal na bukas ang shower.

Kumatok ang amo sa banyo pero walang sumasagot, kaya binuksan niya ang pinto at nakitang nakabulagta si Weng sa sahig habang tumutulo ang shower.

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Tumawag ito sa 999 at isang ambulansiya ang dumating at dinala siya sa kalapit na ospital, ang Queen Mary, kung saan idineklara itong patay na.

Naka 11 taon nang nagsisilbi si Weng sa amo bilang domestic helper, ayon sa mga kaanak na nakausap ng The SUN. Limang taon na daw itong hindi nakabakasyon dahil naabutan ng pandemya.

Napag-alaman pa na noong nakaraang taon ay ipinagamot ang yumao ng kanyang mga amo dahil sa hypertensyon.

Nag-uusap ngayon ang kanyang mga kaibigan sa pamamagitan ng group chat para humiling na magkaroon ng viewing bago iuwi ang bangkay ng yumao sa Pilipinas. Gusto daw kasi nilang masilayan ito sa huling pagkakataon at makapag-ambagan na din para sa mga naulila nito.

Bilang biyuda, si Weng ang mag-isang nagtaguyod sa dalawang anak, na pawang nakapagtapos sa pag-aaral at may magandang trabaho.

Ang isa sa kanila ay seaman, na pauwi rin, pero ang saya na inaasahan nila sa kapaskuhan ay napalitan ng pagluluksa dahil uuwing bangkay si Weng.

25 persons arrested in new anti-illegal work sweep

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By The SUN

 

Some of those arrested in the 3-day Immigration blitz

Immigration officers who conducted the latest anti-illegal worker operations over three days, from Nob. 14 to 16, arrested a total of 25 people.

According to a government statement, those held comprised 19 suspected illegal workers and six suspected employers.

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During the operation, Immigration officers raided 34 locations, including a dishwashing factory, premises under renovation, a shopping mall, a retail shop, hotels, and residential and commercial buildings. 


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Those arrested included six men and 13 women, aged 21 to 67. In addition, one woman was suspected of using and being in possession of a Hong Kong identity card related to another person.

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The rest, five men and one woman, aged 41 to 82, were suspected of employing the illegal workers.

Immigration officers also stepped up the publicity campaign against the hiring of persons not lawfully employable, and the serious consequences for those who violate the law. They distributed leaflets to shop owners with the warning "Don't Employ Illegal Workers" prominently displayed.

Officers try a new tack of warning shop owners about the risks of hiring illegal workers

Taking up illegal work in Hong Kong is punishable by up to two years in jail, and a maximum fine of $50,000 for visitors.

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Overstayers, illegal immigrants, persons who are subject of a removal or deportation order, face an even longer jail term of up to three years, and a maximum fine of $50,000.

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The offence committed by employers (or officers of the company concerned) of the illegal workers is more serious. As such, they can be meted a fine of up to $500,000 and imprisoned for up to 10 years.


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Appeal court quashes Filipina’s drug conviction, affirms verdict on 2 others

Posted on 17 November 2022 No comments

One of the suitcases where the cocaine was found


The Court of Appeal today quashed a Filipina’s conviction, but dismissed the appeals against the conviction of her two co-accused in a 2015 drug trafficking case that brought them jail terms of 20 to 24 years.

The three were convicted of drug-related charges on Nov. 14, 2017 for bringing four kilos of cocaine into Hong Kong in September 2015. They flew in together from Manila, along with another Filipina, who was also charged but acquitted.

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Court Vice President Andrew Macrae, speaking for the three-justice court that also included Justice of Appeal Kevin Zervos and JA Maggie Poon, reserved judgment on whether or not to hold a retrial for Shirley Chua, 53 years old.

Pending a decision on this, Chua was remanded in jail custody.

Justice Macrae gave both the prosecution and defense lawyers six months to submit their opinions on whether or not another trial should be held, considering that Chua had been in jail for seven years and eight months of her sentence of 20 years and 11 months.

She was returned to jail to await the final verdict.

The court left untouched the jail terms of two others who had been found guilty of conspiring to traffic in a dangerous drug -- Remelyn Roque who is serving a sentence of 22 years and 11 months and Ana Louella Creus, 24 years and five months.

It rejected the assertion of their defense counsel that the original judge of the case, Justice Audrey Campbell-Moffat, had erred in giving orders to the jury in the 16-day trial in 2017.

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The case began when Chua was arrested with Maricel Thomas on the night of Sept. 25, 2015 when they arrived at the Hong Kong airport from Manila. Their suitcases each contained a kilo of cocaine. Thomas was acquitted of all charges because she joined the trip to Hong Kong only as a substitute for an original member of the group who changed his mind a day before departure.

Their two companions, Roque and Creus, managed to leave the airport and turn over their suitcases to two black men in a lift lobby in Chung King Mansions the next day. They were arrested at the airport two days later as they were about to take their flights back to Manila.

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In the trial, it emerged that Roque was the one who asked the three others to join her in a free trip to Hong Kong as luggage couriers. She pointed to a Nora Noora as the one who contacted her to organize the group, bought their air tickets and gave them shopping money of $1,500 each.

With the information Roque provided, Noora was arrested by Philippine authorities, along with Laguna-based Ugandan drug lord Rufus Katumba and his wife Marilyn Ramos.

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A letter from the Philippine Consulate General was also presented to Justice Campbell-Moffat, saying the information provided by the defendants had helped stop cocaine trafficking from Manila to Hong Kong.

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Only 2 PCR tests now required for new arrivals from abroad

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All new arrivals will have to do PCR tests only on arrival and the next day, starting on Monday

Starting Nov 21, all inbound travelers will only be required to undergo two nucleic acid (PCR) tests – on arrival in Hong Kong and on day 2 – or the day after.

This was announced through a press release issued late tonight, Nov 17.

This means, the current requirement of doing two more PCR tests, on days 4 and 6, will already be scrapped.

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However, all incoming travelers will still have to undergo daily rapid antigen tests for seven days after arrival.

According to the government statement, there has been an increase in the number of imported cases since the hotel quarantine for all inbound travelers was lifted. However, the ratio of confirmed cases in relation to the overall number of imported cases has “stabilized.”


During the six-week period from Sept 26 to Nov 6, the ratio was 4.5% of all inbound travelers, and a vast majority of those who tested positive was detected either at the airport or the day after their arrival.

Those who tested positive on Days 4 and 6 accounted for only 0.4 percent and 0.1 percent, respectively. This means, only 4 cases and 1 case were respectively detected per 1,000 inbound travelers.

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According to the government, these cases that were detected on Days 4 and 6 are likely from local infection rather than importation, given the short incubation period of the Omicron variants, and taking into consideration that inbound persons are allowed to move about in the community after arrival.

“These cases accounted for a relatively smaller proportion of the confirmed cases among relevant inbound persons, and were also at a relatively low level when compared to the local caseload. On the premise of proper risk management with precise measures while striking a balance between the needs of medical surveillance and reducing the impact on inbound persons, the Government considered that the nucleic acid testing requirements for relevant inbound persons can be adjusted,” said the statement.

 

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The adjusted testing arrangements for inbound persons (aged three years old or above on the date of arrival at Hong Kong) arriving at Hong Kong from overseas places or Taiwan are detailed below:
 

·       Within 24 hours prior to boarding: RAT

·       Day 0 (i.e. day of arrival at Hong Kong): Nucleic acid test under “test-and-go” upon arrival at the airport

·       Day 2: Nucleic acid test at a community testing centre/community testing station or an ac-hoc mobile specimen collection station, or arrange a self-paid test by professional swab sampling at a local medical testing institution recognised by the Government; and

·       Day 1 to Day 7: Daily RATs. Can only leave the place of stay upon obtaining a negative result.

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Inbound travelers who test positive will be treated the same way as local cases, meaning, they can self-isolate for seven days, and if they test negative on antigen tests on Days 6 and 7 they can be allowed to leave their place of isolation.

Meantime, the Vaccine Pass of all infected persons will be switched to a Red Code. At the same time they will be required to provide information to the Centre for Health Protection through the online platforms (for nucleic acid tests or RATs). For further details, please refer to the webpage on Points to Note for Persons who Tested Positive.

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Pinay na umaming nagpalit ng pangalan sa HKID ng walang permiso, ligtas sa kulong

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The SUN

 

Humarap sa Shatin Court ang 2 Pilipina na may kasong paglabag sa Immigration Ordinance

Isang Pilipinang domestic helper ang pinatawan ng suspended sentence sa Shatin Magistracy kanina, matapos umamin na hindi niya ipinarating sa kinauukulan ang pagpalit niya ng pangalan bago kumuha ng bagong Hong Kong ID card.

Si Maria Marivic Murillo Blazado, na gumamit din ng pangalang Maria Marivic Lolybel Alano Murillo, ay sinabing may tatlong HKID card, ngunit hindi nilinaw kung bakit kinailangan niyang magpalit ng pangalan.

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Sa kanyang pagharap kay Mahistrado David Cheung, inamin ni Blazado ang sakdal, samantalang binawi naman ng tagausig ang isa pang kaso ng sadyang pagbibigay ng maling impormasyon sa isang Immigration officer.

Hiniling ng kanyang abugado sa mahistrado na patawan si Blazado ng pinakamagaang na sentensya dahil inamin naman niya agad ang paratang.

Dagdag pa ng abugado, suportado ng kanyang employer si Blazado at nais na ipagpatuloy pa nito ang paninilbihan sa kanila kaya hindi pinutol ang kanyang kontrata. Anim na taon na daw nagtatrabaho sa amo ang nasasakdal bago nakita ang magkaiba niyang pangalan sa kanyang HK ID.

Bilang tugon, sinabi ni Mahistrado Cheung na ibababa niya sa dalawang buwang pagkakakulong ang sentensiya niya kay Blazado, pero isususpindi ito ng 24 buwan. Ibig sabihin, ikukulong lang siya sa panahong itinakda kung lalabag siyang muli sa batas sa loob ng susunod na dalawang taon.

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Pinagmulta din siya ng $1,000.

Samantala, isa pang Pilipina na nahaharap sa tatlong kaso ng paglabag sa batas ng Immigration ang hindi nakarating sa Shatin Court kanina dahil naka quarantine diumano sa kulungan bilang “close contact” ng isang nag positibo sa Covid-19.

Dahil dito ay ipinagpaliban ni Mahistrado Cheung sa ika-24 ng Nobyembre ang pagdinig sa hiling ni Magdalena B. Bang-asan na payagan siyang magpiyansa. Itinakda naman sa ika-21 ng Disyembre ang pagdinig kung aamin ba siya o hindi sa mga sakdal sa kanya.

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Si Bang-asan ay nahaharap sa tatlong kaso.

Una, ang pagbibigay ng maling impormasyon sa isang Immigration officer bandang Dec 14, 2021 tungkol sa pagtatrabaho diumano niya sa isang nagngangalang Ho, Lai Fung Becky.

Pangalawa, ang muling pagsisinungaling sa Immigration tungkol sa kanyang pekeng amo para mabigyan ng domestic helper visa noong Feb. 10, 2022.

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Pangatlo, ang pananatili sa Hong Kong ng lampas sa 14 araw pagkatapos na putulin ang kanyang kontrata noong Feb. 19, 2022, hanggang mahuli ang kanyang paglabag sa kundisyon ng kanyang visa noong May 4, 2022.

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