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Filipina DH guilty of child abuse, gets 4-week sentence

Posted on 24 May 2023 No comments

 

The Kowloon court convicted the Filipina of one count of child abuse

A Filipina domestic helper was found guilty on Tuesday, May 23, of one of three counts of assaulting her Hong Kong employer’s nearly two-year-old son last March, and sentenced by a magistrate in West Kowloon Law Courts to 4 weeks in prison.

But the defendant, Shaira Joy Umbao, is expected to be released within the day as she has been detained in the Tai Lam women’s correctional in Tuen Mun since her March 17 arrest.

She was tried on three counts of “wilful assault causing injury to a child,” which was amended by the prosecution to “”wilful assault in a manner likely to cause unnecessary suffering or injury to a child” before Magistrate Leung Ka-kie.

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Vivian Wong, a lawyer from the Duty Lawyers Service who represented Umbao, said her client would be released on May 24.

Umbao, a petite 28-year-old from Davao City who arrived in Hong Kong on Aug. 3, 2022, took the witness stand Tuesday and refuted the evidence given by the prosecution, mainly the testimony of the child’s father, Mr Chan, and five CCTV footages purportedly showing the alleged assaults.

Wong replayed three of the five 10-second video clips and asked the defendant what she was doing to the boy.

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Umbao replied that, in the first footage captured at 6:15pm on March 14 that showed the defendant holding the child’s two hands and forcefully pulling him up, the boy had been crying for several minutes and she was afraid he would choke, so she pulled up and hugged him.

She said that moment she recalled an incident where a six-year-old child of her friend who was left to wail for 15 minutes was rushed to a hospital because he was already choking.

On the footage showing her pressing the child’s foot on Lego blocks, the defendant said the child loves to play with Lego toys and stepping barefoot on the blocks, so she was showing him that it was dangerous and painful to do that. The timer showed it happened at 7:39pm on March 15.

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Wong also asked Umbao about the third footage, captured at 12:08pm on March 16, which showed the helper leaving the master’s room as the boy lay crying after she allegedly threw him into the cot.

The defendant replied the boy was sleepy and crying while they were on the bus, so she put him in the cot then left, but returned and picked him up when she heard him crying. She said she put the child back in the cot when he stopped crying.

Wong said the prosecution seemed to be biased against the defendant by showing just 10-second clips of the alleged incidents without showing what led to the alleged assaults and what happened afterwards. She also said there were no injuries to the child.

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She also asked why Chan reported the alleged incidents to police only on the evening of May 17, saying that if the matter was serious, then the parent’s natural reaction would be to call the police immediately.       

The lawyer also asked Umbao to tell what happened on the morning of March 17.

The helper replied that last November, Chan’s wife asked that her husband be awakened every 7am so that he won’t get late for work. The company he worked for as a surveyor had a policy of fining employees $100 whenever they arrived late.

Umbao said Chan was very upset when he woke up at 7:40am, as she was very busy with housework that she forgot to wake him up.

Wong also cited several loopholes in Chan’s evidence. The lawyer also played back videos that Umbao had posted on Facebook, starting with a shot of two hands clasping each other.

Asked whose hands were those, the helper said it was hers and her “Ma’am’s” while they were at Hong Kong Disneyland. She said the female employer even bought her a Disney one-year pass so that they could go there with the child regularly.

Umbao said they were close because the female employer was very kind to her, buying her clothes and dining out with her and the child and letting her taste delicious Chinese dishes.

As a video she had posted on Facebook showing her happily teaching the boy his body parts was replayed, she began sobbing and wiping off her tears. She said she loved her ward, as she did with three babies she nannied as a domestic helper in Davao while taking up BS Information Technology.

She said she then applied for work in Malaysia as a plantation worker but did not renew her contract because she and a fellow worker were not allowed to use their cellphones during the week.

After listening to Umbao’s evidence, Magistrate Leung went into her chamber and when she returned 30 minutes before 6:30pm, she said she considered the prosecution’s and the defense’s cases and said there was evidence of assault on the child in the first video footage, while the two other videos did not prove the prosecution’s case beyond reasonable doubt.

She said she also saw some inconsistencies in the prosecution witness’ evidence.

Finding Umbao guilty of the first offense, Leung sentenced her to four weeks in jail. 

Filipina fighting deportation gets 14 days in jail for drug possession

Posted on 23 May 2023 No comments

Deportation proceedings are underway for the Filipina, court told

A Filipina recognizance paper holder who was found guilty May 8 in Eastern Court of possessing 0.69 gram of cannabis resin in her rented room in Causeway Bay was sentenced on Monday, May 22, to 14 days in jail.

As the defendant, M. Manrique, had been in remand for the same number of days since May 8, she had practically served out the sentence.

Magistrate Minnie Wat Lai-man said she could not be lenient in sentencing M. Manrique, 39, despite the small amount of dangerous drug found in her possession, because of her habitual use of drugs, as shown by a related previous conviction.

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At the start of the hearing on Monday, the defense lawyer discussed the content of a Drug Addiction Treatment Centre report as a well as a psychiatrist report on the defendant.

The lawyer said the Chief of Correctionals who issued the DATC report recommended that Manrique undergo a 12-month drug treatment program as an alternative to a jail term.

But the lawyer told Magistrate Wat that a year-long treatment was not feasible, as the defendant is already being processed for deportation by the Immigration Department.

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He preferred that the magistrate hand the defendant a lenient sentence so as not to interfere with the Immigration proceedings.

Manrique sobbed as the prospect of a prison term was mentioned, but calmed down after Magistrate Wat imposed 14 days.

Wat considered the DATC report’s finding that Manrique was not drug-dependent, but her use of illegal drugs had affected her life and the future of her children.

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The magistrate also considered that the defendant was a mother who had to take care of her children, and that the amount of illegal drugs found in her possession was small. These, Wat said, called for a 14-day sentence.

The magistrate noted that Manrique had two previous cases involving drugs, one of which was related to the just resolved case.

Wat said her court records show Manrique was arrested on Jan 21, 2022 by police who searched her rented rooms in a flat at 10 Yiu Wa Street  in Causeway Bay and found a small plastic bag containing 0.69 gram of cannabis resin, an extract from cannabis that addicts prefer to use.

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Two police officers also found instruments used for smoking the illegal drug and resealable plastic packets for packing it.

The discovery of the paraphernalia was among a set of charges brought by police against the defendant in the related case filed against her in April 2022.

In that case, Manrique was charged with ill-treatment or neglect of two children and possessing drug paraphernalia in the rented room in Causeway Bay, a part of Wanchai District.

In the current case, two officers gave evidence in court about the anti-illegal drugs operation they carried out on Jan. 21, 2022, during which they found the illegal drug in one of two rooms in a subdivided flat that Manrique was renting.

They said Manrique rented Rooms A and C, for $5,500 but occupied only Room A. It was in Room C where the officers found the illegal drug.                                              

In the previous hearing, the defense lawyer said Manrique was estranged from her husband and has six children, aged between 13 and 18 years old. Four of them live in the Philippines, while the two younger ones who were born in Hong Kong are staying with her here.

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25 people arrested for scamming Filipina in HK of over P5M, says report

Posted on 22 May 2023 No comments

 

Police display items seized from online scammers (File Photo)

Another Filipina in Hong Kong has been fleeced of more than Php5 million in a cryptocurrency scam, according to a report on GMA News.

No dates were mentioned, but the report said 25 suspects were arrested after the Filipina immediately reported the case to the police after realizing she had been duped.

It did not say, though, whether the money or part of it, has been recovered.

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The Consulate’s assistance to nationals section has not responded to a query on whether it was aware of the case.

The report comes just two months after another Filipina resident complained to the police and the Consulate after she lost HK$700,000 (also about Php5million) to a group that lured her into a supposed trading platform.

In both cases, the victims were made to think they were making a profit from their “investment” when all they were shown were manufactured figures in an online platform controlled by the syndicate.

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In the later case, the Filipina called “Joy” was offered the fake investment scheme on social media. She was told that she would make money by transferring money into some bank accounts.

Joy was encouraged to keep transferring money when her initial investment of Php1,500 ballooned to more than Php2 million according to her dummy account controlled by the scammers.

But when she asked to withdraw her money, she was told she would be charged 20% of the total amount. In truth, the scammers would never have given back a single cent of what she had put in.

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Joy reported the case immediately to the police, and the suspects were nabbed.

In the earlier case, the victim lost all her money in just one day. An offer to reward her small amounts by participating in a survey and small online jobs got her hooked to the investment scam.

After reporting to the authorities, she was told that the three Filipinas whose bank accounts were used to receive her money were all migrant workers in Hong Kong. But she was not made aware of any arrests being made following her complaint.

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At one stage, the police also told her that her case had been transferred from the Wanchai station to Tseung Kwan O because that was where one of the suspects had operated from. But again, no further information was given her.

She has now accepted that there is little chance that she will get her money back, but remains hopeful that the people behind the scam would be put behind bars.

HK Labour Sec ‘saddened’ by death of Filipina DH while cleaning windows

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Secretary Sun observes caregiving course in the Philippines during a visit last year

 Hong Kong’s Secretary for Labour Chris Sun has said that he was “deeply troubled and saddened” by the death of a Filipina domestic helper while cleaning windows last week, and has vowed to extend help to the victim’s family.

This was according to Department of Migrant Workers’ Secretary Susan Ople, who told GMA News that she had spoken with her counterpart on the phone Thursday night.

The focus of their conversation was the case of 38-year-old Jonalyn Galan, who fell to her death on May 15 while cleaning windows at her employer’s flat in Cheung Sha Wan.

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Ople said she had discussed with Sun the need to remind employers about the prohibition against dangerous window cleaning by foreign domestic workers as provided for in their standard employment contract.

The ban which became part of all FDW contracts starting in January 2017 prohibits the cleaning of windows unless they have grilles, and only the arm of the worker extends outside.

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Both officials promised to extend all possible help to the Filipina worker’s relatives.

Ople also promised that the governments of the Philippines and Hong Kong will work closely to prevent similar incidents from happening again.

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“We will extend full assistance and support to her bereaved family while working closely with Secretary Chris Sun and his department to ensure that the principle of ‘safety above all else’ is carried out as part of employers’ obligations,” Ople was quoted as saying.

The report said Galan’s two siblings are now in Hong Kong attending to the repatriation of the worker’s remains with help from the Philippine Consulate and the Migrant Workers’ Office.

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They will also meet with the deceased’s employer and the Hong Kong Employees’ Compensation Division to discuss a possible payout.

Under the updated rules of the Employee Compensation Ordinance, no less than $486,300 should be paid to the next-of-kin of a worker who died in the line of duty on or after Apr 13 this year.

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16 people arrested in new anti-illegal work operations

Posted on 21 May 2023 No comments

 

Those arrested included six women suspected of doing illegal work

Four consecutive days of anti-illegal work operations recently resulted in a total of 16 people arrested, said the Immigration Department.

 Those arrested in the raids conducted from May 15 to 18 were 14 suspected illegal workers and two employers.
The operations carried out by Immigration officers covered 75 target locations including car parks, industrial and residential buildings, restaurants and retail shops.
 
Nine suspected illegal workers comprising three men and six women, aged 28 to 51, were arrested, along with two of their employers, one man aged 38 ang a woman aged 51.
 
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Among the workers, one man and two women were found to hold recognizance forms – indicating they are asylum seekers – while two men had forged HK ID cards.

A suspected illegal seller is shown with his goods

In a separate operation conducted with Hong Kong police, the operatives arrested five mainland visitors, made up four men and one woman, aged 26 to 46, on suspicion of carrying out parallel trading in Sheung Shui district.
 
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The mainland suspects dealt with cosmetics, basic household items and skin care products.
 
Illegal work is punished by a maximum fine of $50,000 and between two and three years in jail, depending on the visa status of the suspect.
 
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Those holding fake ID cards can be jailed for up to 10 years, and fined a maximum of $100,000.

Employers of illegal workers bear the worst brunt, with a maximum fine of $500,000 and imprisonment for up to 10 years.

10k katao sa HK ang nagpopositibo sa Covid-19 araw-araw, sabi ng gobyerno

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Sa 10,000 katao na nagkaka Covid araw-araw, karamihan ay wala, o di malala ang sintomas

Aabot sa 10,000 katao sa Hong Kong ang nahahawaan ng Covid-19 sa araw-araw, ayon kay Health Secretary Lo Chung-mau, bagamat ayon sa isa pang eksperto, malamang na mas madami pa dito ang tunay na numero.

Sinabi ni Prof Lo sa isang panayam na ang binanggit niyang dami ng nahahawaan ng Covid-19 ay base sa pag-aaral ng Department of Health.

“Base sa tantiya ng Health Bureau, may mahigit sa 10,000 bagong kaso ng coronavirus ang naitatatala sa Hong Kong araw-araw,” sabi niya sa panayam na inilathala sa mainland nitong Biyernes. “Hindi naman natin mapipigilan ang pagkakaroon muli ng epidemya.”

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Pero ayon pa rin sa kanya, walang dapat ikabahala sa biglang pagtaas bigla ng mga kaso dahil hindi naman malala ang kundisyon ng mga nagkakasakit, at marami pa rin ang may pangontrol sa coronavirus dahil sa bakuna nilang natanggap.

“Kumpara sa fifth wave noong nakaraang taon, mas mahusay na ang pagbibigay ng serbisyong pangkalusugan sa ating siyudad,” sabi ni Lo. “Kahit dumami ang bilang ng mga naiimpeksyon, kakaunti lang ang mga nagkakasakit ng malubha, o ng namamatay.”

Pero ayon pa rin kay Lo, mas marami ang nagkakasakit ng Covid-19 ngayon kaysa noong Agosto at Setyembre ng nakaraang taon, kung kailan muling dumagsa ang bilang ng pasyente dahil sa pagsulpot ng Omicron variant.

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Base sa talaan ng Hospital Authority, may 2,700 na pasyenteng may Covid-19 ang ginagamot ngayon sa mga pampublikong ospital, na ang karaniwan ay nararatay nang 4.8 araw.

Para mas lalong mabantayan ang sitwasyon ay inumpisahang muli ng HA ang 24 oras na operasyon ng kanilang emergency command centre.

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But the surge would not pose serious challenges to the healthcare system provided the virus did not mutate suddenly, he said, noting the population had built up a strong immunity with about 85 per cent of residents having taken three jabs.

Pinaalalahan niya ang mga may edad o tinaguriang “high risk” na magpabakuna, o dagdagan ang bakuna, anim na buwan mula nang sila ay huling maturukan, o naimpeksyon.

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Samantala, ang isa pang eksperto na si Dr Leung Chi-chiu ay nagsabi na base sa isang pagsisiyasat ng University of Hong Kong, ang bilang ng mga nagkaka Covid-19 sa bawat araw ay aabot sa 50,000.

Sa isinasagawang pag-aaral, 10,000 katao ang tinetest para sa coronavirus tuwing linggo para makita ng mga dalubhasa kung gaano ito kabilis kumalat.

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Pero ayon kay Dr Leung, karamihan sa mga nagkakasakit ngayon ay hindi seryoso ang mga sintomas, samantalang ang iba ay walang kahit na anong nararamdaman na kaiba.

Sinang-ayunan naman ng ilang doktor ang lumalalang sitwasyon ng Covid-19 ngayon. Ayon sa isa sa kanila, puno lagi ang kanyang klinika simula nitong Mayo, at halos kalahati sa kanila ay may coronavirus, at karamihan ay mga may edad.

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