Death threat from boyfriend not enough ground for asylum, says High Court

The Philippines is big enough for someone feeling threatened to move to another place, says the HC

A Filipina overstayer who sought to stop her deportation to the Philippines on the ground her former boyfriend would harm or kill her if she returned, failed in her bid to challenge Immigration’s decision to reject her application to remain in Hong Kong.

B. M. Banglayan, 38, had sought leave for a judicial review against the decision of the Immigration Dirctor and affirmed by the Torture Claims Adjudication Board in January 2019, to deny her non-refoulement application, or against being sent back home.

Banglayan arrived as a tourist in Hong Kong on Aug. 12, 2015 and overstayed, but was arrested by the police on Sept. 22 of  the same year.

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While being investigated by the Immigration Department she filed a claim for non-refoulement, saying that if she was returned to the Philippines  she would be harmed or killed by her former boyfriend for leaving him and putting an end to their relationship.

She was released on recognizance while her claim was being determined.

According to the applicant, she was born and raised in Sagada, Mountain Province in the Philippines. After leaving school she began dating her boyfriend who ran a garment business in Baguio Cty.

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In 2012 she went to Singapore to work as a domestic helper and on her return to the Philippines two years later her boyfriend proposed to her and they agreed to live together in Baguio City before getting married.

While staying in his home, Banglayan said she found out that her boyfriend was a drug addict and a drug dealer so she decided to leave him. But when she told him that she did not want to go ahead with the wedding her boyfriend got angry and beat her up.

After another beating she decided to flee to her sister’s house, and later to Palawan. But when she heard that her boyfriend was still looking for her she decided to leave the Philippines on Aug 17, 2015 and sought refuge in Hong Kong.

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Following a hearing of her claim for non-refoulement, the Immigration Director rejected the applicant’s application on Mar 29, 2018 on all the applicable grounds, including risk of torture and cruel, inhuman or degrading treatment; and of her rights being violated under Article 2 of the Bill of Rights.

In his decision, the Director said he found no substantial grounds to believe that there was any real threat to her life at the hands of her former boyfriend due to the low intensity and frequency of past ill-treatment from him, or that he was still after her in all the years that she was away from the country.

In any event it was a private relationship dispute between them that could be addressed by the applicant seeking state or police protection, said the Director.

Further, with the Philippines having more than 300,000  kilometers of territory and a large population of 104 million it was reasonable to assume that the applicant could relocate elsewhere to get away from the perceived threat from her boyfriend.

The applicant appealed the judgment to the TCAB but after an oral hearing, the Board decided to affirm the Director’s decision and dismiss her appeal.

Subsequently Banglayan filed for permission for a judicial review of the Board’s decision but cited no new ground.

As such, Judge Bruno Chan declined her application, saying that in the absence of any error of law or irrationality or procedural unfairness in the Board’s decision-making process being clearly identified, “there could be no reasonably arguable basis for her intended challenge.”

Judge Chan also reiterated the Director’s finding that the applicant was not entitled to protection from Hong Kong because the risk of harm she claimed was a localized one and it was not unreasonable to assume that it was safe for her to relocate to other parts of the Philippines 

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T3 now in force

Latest photo from the Observatory shows Victoria Harbour off Central with overcast skies

The Observatory downgraded the Standby Signal to T3 at 11.40am today, Monday, as Typhoon Koinu moved away from Hong Kong.

It replaced T8 which was hoisted as of 11:50pm last night just before Koinu came closest to the city, and was in force for about 12 hours. .

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The black rainstorm warning issued early this morning has also been lifted.

All classes will remain suspended for the day but offices will reopen this afternoon, along with services at all public clinics.

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Courts will remain closed, and all hearings scheduled for today have been moved tomorrow.

The Hospital Authority reported that as of 10am today 29 people comprising 16 men and 13 women have sought medical treatment at public hospitals for typhoon-related injuries.

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The Home Affairs Department meanwhile has opened 29 temporary shelters in various districts and 294 people have sought refuge.

As of 11:30am the Fire Services and the government's 1823 Call Centre received a total of 44 reports of fallen trees while there were seven reports of flooding and two of landslide.

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T8 to be lowered to T3 at 11:40am

 

Muggy day over Tsim Sha Tsui east is captured by the Observatory's camera

The Observatory said it would issue the Standby Signal No.3 at 11.40am today, Monday, after 23 hours of higher warnings hoisted as Typhoon Koinu moved within 70 kilometres of Hong Kong.

As of this time, T8 has been in place since 11:50pm last night, just before Koinu came closest to the city. The black rainstorm warning has also been issued.

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By 8am, Koinu was centred about 120 kilometres southwest of the SAR, and it was forecast to move west or west-southwest crossing the Western coast of Guangdong. By 7am, it had weakened to a severe tropical storm.

In the past few hours, heavy rain associated with Koinu has fallen across Hong Kong, said the Observatory. More than 100 millimetres of rainfall has been recorded over many places since midnight, and rainfall even exceeded 200 millimetres over the eastern part of Hong Kong Island, Kowloon East and Tseung Kwan O.

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As of 8am, 15 men and 13 women sought treatment at various hospitals due to typhoon-related injuries.

There were 23 reports of felled trees, four confirmed reports of flooding, and one of a landslide.

All schools have been closed for the day, as well as all child care centres, elderly services centres and day rehabilitation units.

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Emergency services at public hospitals remain normal, but general out-patient clinics, specialist out-patient clinics, allied health and other day services are closed.

The Home Affairs Department has so far opened 29 temporary shelters in various districts and 289 people have sought refuge at the shelters.

All courts have been closed for the entire day as well.

Meanwhile, the MTR said it was closing some exits of Choi Hung, Wong Tai Sin and Sham Shui Po stations in anticipation of heavy downpours.

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T9 hoisted, all classes suspended tomorrow

 

Hazy view of Victoria Park at about 9:30pm tonight - HK Observatory photo

Storm Signal No 9 hoisted by the Hong Kong Observatory at 7pm today remains in force as Typhoon Koinu moves within 70 kilometers of the city.

It is expected to come closest to Hong Kong before midnight tonight. Before then, T10 may be issued depending on changes in the local wind conditions.

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As T8 will remain in force at least until 11am tomorrow, Oct. 9, classes in all schools will be suspended for the whole day to ensure students’ safety.

In the past hour, the maximum sustained wind recorded was 103 kilometres per hour at Tate's Cairn, with maximum gusts exceeding 132 kilometers per hour.

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According to the Hospital Authority, as at 8pm today, a total of 10 people, comprising five men and five women sought medical treatment as a result of the typhoon.

The Home Affairs Department has so far opened 29 temporary shelters in various districts where 162 people have sought refuge.

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The Fire Services Department and the Government's 1823 Call Centre received six reports and eight reports of fallen trees respectively, but no report of landslide or flooding has been received.

According to the Airport Authority, about 90 flights could be cancelled and another 130 slightly delayed throughout the day. However, 520 flights had arrived or left Hong Kong earlier without a problem.

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The delays are expected to be light, lasting about 30 minutes each, and passengers are urged to inquire with the airlines regarding the flight status.

The Airport Express has operated as usual, but the shuttle bus to and from Tung Chung has been providing limited service. If a higher signal is hoisted, the services might be suspended.

All schools were closed today, and most offices and shops were shut after T8 was raised at 12:40pm.

There has been no word yet on whether classes and businesses will resume as normal tomorrow.

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Pilipina balik-kulungan sa kasong pagnanakaw

 

Isang Pilipinang inakusahan ng pagnanakaw ng mahigit $35,000 ang kabuuan mula sa kanyang amo ang ibinalik sa kulungan matapos tanggihan ang alok niyang piyansa noong Biyernes (Oct. 6) sa Eastern Court.

Nag-alok ng $1.000 ang abogado ni Susan Palacio, 40 taong gulang, upang makalaya siya nang pansamantala hanggang sa susunod na pagdinig, pero tinutulan ito ng taga-usig.

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“Pinag-isipan ko ang alok mo at tinatanggihan ko ito dahil sangkot sa kaso mo ang paglabag ng tiwala at mabigat ang ebidensiya, laban sa iyo” sagot ni Principal Magistrate Ivy Chui bilang pagpanig sa taga-usig.

“Pero may karapatan ka sa bail review,” dagdag niya. Ito ay ang muling pagdinig sa kaso upang pag-usapang kung may nabago sa kalagayan ng kaso na sapat para payagan na makapagpiyansa si Palacio.

Itinakda niya ito sa Oct. 13.

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Akusado si Palacio sa pagnanakaw ng HK$30,000, 200 Australian dollar (HK$1,000) at 500 Euro (HK$4,150)

Nangyari ang sinasabing nakawan sa pagitan ng July 15 at Oct. 1 ng taong ito, nang arestuhin siya sa bahay ng amo sa Stanley Prison Staff Quarters sa Stanley, Hong Kong.

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T8 to be raised at 12:40pm

 

Koinu is forecast to move within 100 km of Hong Kong's southern part

Against previous expectations, Typhoon Koinu will move closer to Hong Kong later today, so the Observatory said will issue Number 8 gale storm signal at 12:40pm today, Sunday.

In the past few hours, Koinu maintained its strength while gradually picking up speed as it moved closer to the Pearl River Estuary.

As a result, gale force winds can be expected in many parts of the city with some squally showers today and tomorrow.

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According to the latest forecast, Koinu will skirt within 100 kilometres to the south of Hong Kong this afternoon, with typhoon strength.

The public is advised to stay indoors and take note of the latest weather bulletins from the Observatory.

That includes thousands of foreign domestic workers who are taking their day off today, who should head home immediately or seek safer shelter.

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This is the second T8 to be issued in Hong Kong for the past two consecutive months, with Super Typhoon Saola even causing the typhoon signal to be raised from T8 to T10 in early September.

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11 persons arrested in anti-illegal work raids

 

Immigration officers escort some of those arrested to a van that took them to jail

Eight suspected illegal workers and three employers were arrested in the latest anti-illegal work sweeps by the Immigration Department.

The arrests were made during three consecutive days of operation from October 3 to 5, when 49 target locations were raided.

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In operations “Lightshadow” and “Twilight,” six suspected illegal workers comprising five men and woman aged 36 to 53 were arrested, along with three women aged 45 to 59 suspected of employing them.

The workers included one man who holds a recognisance form, which prohibits him from taking any employment. They were found during raids on industrial buildings, premises under renovation and restaurants.

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During operation “Windsand” two women visiting from the mainland aged 37 and 53, were arrested for breaching their condition of stay by engaging in illegal parallel trading at Sai Wan Road in Sheung Shui/

They were found to be selling mainly clothes and health care products.

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Immigration reminded everyone who violates their condition of stay by taking up unauthorized employment, whether paid or unpaid, while in Hong Kong, face prosecution and upon conviction could jailed for up to two years and fined up to $50,000.

Those who are take up work while being illegal immigrants or are subject of a removal or deportation order such as recognizance paper holders, face a maximum prison term of three years and fine of up to $50,000.

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Employers of illegal workers could be fined up to $500,000 and jailed for up to 10 years. The director, manager and other officers of the company concerned may also be prosecuted.

An immediate custodial sentence is recommended for such employers.

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FDH told by District Court to stop harassing, sharing videos of former employers

By The SUN

Malarulat in a photo she posted of her taking part in a beauty contest 

Video sharing, leaking of private information, harassment and spreading gossip and intrigue about her former employers were among the prohibited acts that a Filipina domestic worker was told to stop doing, in an unusual judgment rendered at the District Court on September 22.

Merly Q. Malarulat was in court when Judge Harold Leung granted the injunction sought against her by her former employer, Raymond Manalo, and ordered her to pay the costs of the proceedings.

The injunction prohibits Malarulat disclosing any personal details about  Manalo’s family, including their social media accounts, and sharing any videos she took of them, particularly a sensitive one that she claimed to have taken of the plaintiff’s eight-year-old daughter.

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The FDH was also ordered to stop intimidating, harassing, or interfering with the private affairs of the plaintiff’s family and their current domestic helper – and not to come within 100 meters in their presence.

She is also told not to assist or procure the help of others in doing all the acts that she is prevented from doing.

Further, Malarulat was told to take all steps necessary to retrieve from anyone any document or material she had shared, which infringes on the family’s privacy.

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Contacted by The SUN, Malarulat responded with just “Aq (ako) natalo” (I lost), followed by some laughing emoticons.

But for Manalo, a chef, the court’s decision was a lifesaver, as it put an end to more than a year of distress and uncertainty for his entire family of five caused by Malarulat’s relentless effort to spread lies and intrigue against them.

He said the lies were so vicious that fellow Filipinos in the Kornhill estate where they live have been hounding his family, particularly his banker-wife whom they have accused within earshot of being mentally ill and evil.

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The distress caused by the toxic gossip reached a new level when a new helper they hired to replace Malarulat called Allaina quit after working for only eight months for them.

Manalo said Allaina told them she was “mentally tortured and confused” by the constant warnings she received from fellow helpers in Kornhill about how evil and unstable her employers were.

Giving in to the advice of her fellow helpers, Allaina contacted Malarulat who proceeded to tell her through text messages about a sensitive video she took of the Manalo’s youngest child, which she threatened to use in case the couple decided to take action against her.

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Malarulat also offered to get Allaina a new employer so she would leave the Manalos. In the end, however, Allaina decided to just go home after serving notice of termination.

According to the court documents, Malarulat arrived in Hong Kong on May 6, 2022, about a year and a half after the Manalos, who had just arrived here at the time, started working on her papers to come and join them. 

She spent a week in quarantine before joining the family on May 12 of that year.

The strict travel restrictions at the time delayed her arrival and the Manalos had to shell out money each time she had to renew her visa, and later, to pay for her quarantine.

Manalo’s wife was keen to hire her despite the long delay because Malarulat was the godmother of their second child, and they were neighbors and good friends back in San Jose del Monte in Bulacan. 

The employer also knew that Malarulat had previously worked in Hong Kong for three years and should already know her way around.

Text conversations between the two women also showed Malarulat had begged the couple to hire her after they relocated to Hong Kong, saying she needed help sending her two children to college.

But less than a month after she started working for the Manalos or on June 1, 2022, Malarulat asked to be released from her contract, saying she felt like she was not trusted by the employers to take care of their youngest child, citing the CCTV installed in their house as reason.

She also complained about not being given her own room.

‘My wife and I were very clueless, it was very obvious that she wanted to do job-hopping. We (were) not expecting this because she really assured us that she will take care of my family, making promises so we would wait for her to come,” Manalo said in a written statement to the court.

When the employers resisted, Malarulat informed them that she was terminating their contract on June 20, 2022, two days after insisting on staying in a boarding house. She returned to the employers’ flat on that day, then left again. When she returned that night, an angry confrontation ensued and the employers called the police.

Shortly after midnight the next day, the two sides signed an agreement where Malarulat agreed not to post the videos she took of the couple that night on social media, saying she merely filmed them to protect herself. 

She also agreed to move to a boarding house paid for by the couple, who decided they no longer felt safe in her presence.

Their contract was officially terminated on June 30, 2022, and the Manalos paid what they thought was due the helper, including a month’s salary in lieu of notice and an air ticket for her flight home. 

However, Malarulat decided to stay on and move to another employer.

Manalo said the case dragged on longer than expected because Malarulat gave the court two fake addresses, the last one being that for the Mission for Migrant Workers which, it turned out, did not have her in their list of clients.

But each time she appeared in court Malarulat would complain that she did not get any notices and thus was unable to file counter-affidavits.

The run-around stopped last September 22 when the judge told her he did not believe her excuses, and rendered judgment against her.

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