Immigration urges those who work under threat to complain

 

UN guidelines include human trafficking in domestic work.

The Immigration Department today urged people who are forced to work under threat of violence or death -- one of the indicators of trafficking in person (TIP) -- to report such crime immediately so that they can be helped.

“Identified TIP victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services,” ImmD said.

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The ImmD issued this call as it announced that another 10 people -- eight suspected illegal workers and two suspected employers -- were arrested in a series of territory-wide anti-illegal worker operations codenamed "Greenlane" and "Twilight" for four consecutive days from February 20 to February 23.

ImmD Task Force officers made the arrests on 20 target locations including elderly homes, garbage collection depots, premises under renovation, residential buildings, restaurants and retail stores.

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“Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims,” it said.

“When any TIP indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardized checklist to ascertain the presence of TIP elements, such as threats and coercion in the recruitment phase and the nature of exploitation,” it added.

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But it added that those who feel they are being forced to work against their will under exploitative conditions should report to authorities immediately.

According to guidelines from the United Nations Office on Drugs and Crime, TIP indicators for people who have been trafficked for the purpose of domestic servitude include the following:

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• Live with a family.

• Not eat with the rest of the family.

• Have no private space.

• Sleep in a shared or inappropriate space.

• Being reported missing by their employer even though they are still living in their employer's house.

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• Never or rarely leave the house for social reasons.

• Never leave the house without their employer.

• Be given only leftovers to eat.

• Be subjected to insults, abuse, threats or violence.

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Thee indicators are combined with other indicators such as those classified as general indicators, where people may:

• Believe that they must work against their will.

• Be unable to leave their work environment.

• Show signs that their movements are being controlled.

• Feel that they cannot leave.

• Show fear or anxiety.

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• Be subjected to violence or threats of violence against themselves or against their family members and loved ones.

• Suffer injuries that appear to be the result of an assault.

• Suffer injuries or impairments typical of certain jobs or control measures.

• Suffer injuries that appear to be the result of the application of control measures.

• Be distrustful of the authorities.

• Be threatened with being handed over to the authorities.

• Be afraid of revealing their immigration status.

• Not in possession of their passports or other travel or identity documents, as those documents are being held by someone else.

• Have false identity or travel documents.

• Be found in or connected to a type of location likely to be used for exploiting people,

• Be unfamiliar with the local language.

• Not know their home or work address.

• Allow others to speak for them when addressed directly.

• Act as if they were instructed by someone else.

• Be forced to work under certain conditions.

• Be disciplined through punishment.

• Be unable to negotiate working conditions.

• Receive little or no payment.

• Have no access to their earnings.

• Work excessively long hours over long periods.

• Not have any days off.

• Live in poor or substandard accommodations.

• Have no access to medical care.

• Have limited or no social interaction.

• Have limited contact with their families or with people outside of

their immediate environment.

• Be unable to communicate freely with others.

• Be under the perception that they are bonded by debt.

• Be in a situation of dependence.

• Come from a place known to be a source of human trafficking.

• Have had the fees for their transport to the country of destination paid for by facilitators, whom they must payback by working or providing services in the destination.

• Have acted on the basis of false promises.

Crimes in Hong Kong can be reported to the following hotlines:

Emergency Call： 999.

Anti-Scam Helpline: 18222.

Recruitment Hotline: 2860 2860

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Pre-paid SIMs not registered today will be deactivated, says govt

 

Public notices about the pre-paid SIM card registration which ends today

The government has warned that today. Feb. 23, is the last day for real-name registration of all pre-paid SIM (or PPS) cards. All PPS cards not registered today will be deactivated after the deadline.

There was no official confirmation that PPS cards will remain active as long as they still have pre-paid load installed in the card. But they should still register the PPS card immediately because once the load is exhausted, the card will be deactivated.

According to the government, al

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l telecommunications service providers have already complied with its request for them to send out final SMS notifications today to users with still unregistered PPS cards.

Users can complete the registration within today via the hyperlink in the SMS or through the websites or mobile applications of their respective telecom service providers.

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They should follow the instructions to provide the information printed on their Hong Kong identity card (including Chinese and English names, date of birth, ID card number and an identity card copy) to complete the registration.

Alternatively, they can drop by any retail outlets of their service providers which will extend their service hours up to 7pm today.

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Another option is to go to any of the 18 designated post offices or at any of the 25 designated MTR stations to complete the registration using their smartphones. The service counters will be open from 9am to 6pm today.

The designated registration counters may be found here: https://gia.info.gov.hk/general/202302/23/P2023022200630_413608_1_1677066649238.pdf

Social welfare agencies and district organisations have also been tapped by the government to assist users to register their PPS cards.

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A task force created by the government and telco providers will monitor the registration process to ensure a smooth operation until the close of service hours.

For more information regarding real-name registration for SIM cards, please visit the thematic webpage (www.ofca.gov.hk/simreg) or call the Office of the Communications Authority's hotline (2961 6699).

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Filipina mother and daughter lose appeal bid to stop deportation

by Daisy CL Mandap 

The CA says the applicants have abused the system 

A Filipina former domestic helper and her seven-year-old daughter who had previously decided to abandon their non-refoulement application, failed to get the High Court to reopen their case.

In a judgement handed down Monday, Appeal Court justices Aarif Barma and Carlye Chu upheld the lower court’s decision to deny the applicants’ bid for a judicial review, as it was filed way beyond the deadline.

Applicants R. C. Villanueva, 41, and her daughter, G., had sought to get Judge Bruno Chan to allow them to challenge the Torture Claims Adjudication Board’s decision not to reopen their case.

This was because the two had earlier applied to abandon their resistance to being sent back to the Philippines, and after it was approved, changed their mind and asked the TCAB to restore their original non-refoulement claim.

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The CA said that the bid by the two to get the Board and the court to allow her to continue her non-refoulement application despite the long delay was an abuse of the process and should not be allowed.

Villanueva, 41, who is married with two children in the Philippines, last arrived in Hong Kong to work as a foreign domestic helper on Aug. 23, 2014.

Shortly thereafter, she had an affair with an Indian man in Hong Kong, and got pregnant. She gave birth to G on Aug. 5, 2015.

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On Nov. 30, 2015 her contract was terminated but she did not go home within the mandatory 14 days. About four months later, or on Mar 15, 2016, she surrendered to authorities.

On Oct 5 of the same year she applied for non-refoulement, saying her husband would kill her and her daughter if they returned to the Philippines.

The Director of Immigration denied their application on Apr 27, 2017, saying there was just a low risk of mother and daughter coming to harm in the Philippines.

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On May 10 of the same year, the applicants went to the TCAB to appeal against the Director’s decision.

But 10 months later, or on Mar 5, 2018,Villanueva wrote to both the Director and the Board, requesting to withdraw their appeal, stating that:

 “…We want to go back to our home country Philippines since it is safe for us to go back. I want to withdraw our non-refoulement claim appeal as soon as possible so that we can go back. I have no money to buy air ticket. Please arrange as soon as possible.”

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The  Board promptly replied by letter dated Mar 13, 2018, informing the applicants that they had a week to reconsider their application. But once accepted their appeal would be dismissed.

As the applicants did not respond to the letter the Board informed them on Mar 21, 2018 that their request to withdraw their appeal was accepted.

However, on Apr 4, 2018, Villanueva wrote to the Board, saying she and her daughter wanted to reopen their appeal as her husband got angry on hearing of their plan to return to the Philippines, and was again threatening to harm them.

The Board rejected the request on Apr 19, 2018, saying their appeal had already been disposed of, and that this action was final.

Villanueva’s subsequent application for leave to challenge this decision was rejected by Judge Chan on the ground that the Board had become “functus officio” (or no longer in office) as soon as it decided to close the file on their case.

Again, Villanueva failed to appeal against this decision on time.

On Nov. 23, 2020, or seven weeks after the required 14-day period for appeal had lapsed, she filed for an extension of time, saying she did not know how to make the application and had no money to do so.

Judge Chan heard the application on Apr 20, 2021, and on May 4 of the same year, refused it.

In upholding his decision, the CA said:  “Had it been otherwise, not only would there be no finality in the determination of such claims, it could also lead to abuse by claimants who are desirous of delaying their removal from Hong Kong by making last minute withdrawals and then applying to reinstate or reopen the appeals…”

The appeal court added the judge was right in finding that the intended judicial review by both applicants has no reasonable prospect of success.

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HK residents to get another $5k in spending vouchers

FS Paul Chan presenting the new Budget before Legco

Financial Secretary Paul Chan pulled out a welcome surprise for many residents when he unveiled the Budget for the next financial year before the Legislative Council on Wednesday.

He announced that each adult permanent resident will be given $5,000 worth of spending vouchers in two instalments starting in April.

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“Having regard to the current economic situation, people's livelihood and the Government's financial position, I will issue electronic consumption vouchers again this year with a total value of $5,000 to each eligible Hong Kong permanent resident and new arrival aged 18 or above in two instalments,” said Chan.

And for the first time, people who come to Hong Kong on various admission schemes and as foreign students will be given vouchers worth $2,500.

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“In line with the arrangement for last year's scheme, eligible persons who have come to live in Hong Kong through different admission schemes or to study in Hong Kong will receive vouchers in half value, i.e. $2,500 in total,” Chan said.

It would appear from the statement that the only other people who will get the half-share are newly arrived mainland people, apart from foreigners who come here on student visas.

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The full details of the voucher handout will be announced soon.

Meanwhile, the finance chief also announced a series of measures to help ease the financial burden on the needy, like:

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1)       Reducing salaries or personal tax, subject to a ceiling of $6,000 

2)      Providing rates concession for domestic properties, but capped at $1,000 per quarter

3)      Providing allowance to eligible social security recipients equal to one half of what they get in a month from their social welfare payouts

4)      Extending the public transport fare subsidy scheme to October 2023

 

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5)      Paying the examination fees for students taking the 2024 HKDSE

6)      Granting $1,000 subsidy to each eligible residential electricity account 

7)      Increasing the basic child allowance and additional child allowance born during the year of assessment from $120,000 to $130,000

There was, however, no tax credit given to employers of foreign domestic helper, contrary to what had been reported in some media outlets earlier. Various lawmakers had endorsed the idea of giving financial support to employers by as much as $60,000, but the government obviously did not find it justified.

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Employers of FDHs may be given tax relief in new budget, says report

 

Employers may get up to $60,000 in tax credit for every FDH they hire 

Financial Secretary Paul Chan is expected to announce a tax deduction for employers of foreign domestic helpers when he delivers his Budget Report today, Wednesday.

The only question is, how much will it be?

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Newspaper reports recall Chan saying during a consultation session with legislators back in January that he would include a deduction for FDH employers, as this would help ease the financial burden on middle-class families.

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But some legislators like Frankie Ng of the pro-Beijing Democratic Alliance for the Betterment of Hong Kong said even those in the low income bracket would benefit as many of them are compelled to hire FDHs because of insufficient child-care centres in the city.

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Apart from the DAB, other political parties have backed the proposal, and suggested a tax deduction cap of up to $60,000.

The DAB wants a ceiling of $56,760 for each helper hired by a taxpayer, while the New People’s Party of Executive Council convenor Regina Ip  is suggesting a cap of $55,000.

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Yet another group formed by four independent legislators called “A4 Alliance” has proposed setting the limit at $60,000.

Another lawmaker, NPP's Eunice Yung has called on the government to exercise leniency in considering the applications of families that need to hire more than one helper.

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Yung said such an approach would help boost the birth rate in Hong Kong as parents are spared the burden of sharing in household chores.

She said paying for helpers has become part of the expenditures in a household where both parents work.

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