Man fined $12k for operating unlicensed employment agency

 

Employment agencies must abide by the law, as well as the Code of Practice 

A man was convicted at Eastern Court on Friday of operating an employment agency without a valid license, and as a result, was fined $12,000.

He was also ordered to refund the service fee of $1,795 to the employer who filed the complaint against him.

Operating an employment agency without a license is a violation of the requirements under Part XII of the Employment Ordinance (EO).

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The irate employer who was seeking to hire a foreign domestic helper filed a complaint with the Labour Department against the defendant in March 2023.

Following an investigation the LD initiated a prosecution after finding enough evidence that showed the man was operating an agency without a license.

Under Part XII of the EO and the Employment Agency Regulations, all employment agencies must obtain a license from the LD before starting operations. Except for the license holder or his/her associates, no one is allowed to operate, manage or assist in the management of an EA.

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Labour advised agencies to comply with the law as well as the Code of Practice for EAs at all times. Failure to do so may lead to prosecution and/or revocation of licence.

The maximum penalty for the offences of unlicensed operation of an EA or overcharging commissions from job seekers is a fine of $350,000 and imprisonment for three years.

 Any enquiries related to EAs, including suspected breach of the law or the Code of Practice may be directed to the the Employment Agencies Administration of the LD (telephone: 2115 3667; email: ea-ee@labour.gov.hk; address: Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road,

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Filipina DH gets off lightly on assault charge

The Filipina's case was resolved at West Kowloon Courts

A Filipina got off lightly at West Kowloon Court from a case of assault, after she accepted a bind-over agreement in which she promised not to reoffend in the next 12 months, or else she will be fined $1,000.

Under this arrangement, C. Bernadas, 30 years old, need not pay the fine if she does not commit any similar offense within the one-year period.

But Bernadas was made to pay $1,000 in court costs by Principal Magistrate Ivy Chui during a hearing held on Friday (June 21), deductible from her bail of the same amount.

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The case was subsequently withdrawn by prosecutors, so it will not leave a criminal record on her history of stay in Hong Kong.

Bernadas, a domestic helper, was accused of assault occasioning actual bodily harm, contrary to Common Law and punishable under the Offenses against the Person Ordinance.

Under the ordinance, the punishment for this offense can be up to 3 years’ imprisonment.

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The case arose after an altercation between Bernadas and a local resident named Jiang Suk-Mei Susanna in a flat at Mei Foo Sun Chuen in Cheung Sha Wan last Feb. 12.

The altercation became physical, resulting in the police being called and Bernadas charged with assault.

However, the two parties appeared to have reached an out-of-court settlement, prompting the prosecution to propose the bind-over arrangement and drop the charge against Bernadas.

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27 persons arrested in latest anti-illegal work operations

 

One of  those arrested appears to have been doing renovation work when found

A total of 27 people were arrested by the combined forces of the Immigration Department and the Hong Kong Police over four days of anti-illegal work operations earlier this week.

Those arrested during a sweep of 137 target locations from June 17 to 20 were 16 suspected illegal workers, three employers, one aider and abettor, three overstayers and four illegal immigrants.

Eight of those arrested were rounded up in the first round of raids on 19 premises, including a number that were under renovation, restaurants and a retail shop.

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Those arrested on suspicion of working illegal comprised five men and two women, aged 23 to 44. Two of the men and one woman held recognisance forms, which prohibit them from taking any employment. One man, aged 63, was suspected of employing the illegal workers and was also arrested.

In two separate operations that targeted 118 locations in Eastern, New Territories North and Western Districts, nine suspected illegal workers were arrested, along with two employers, one aider and abettor, three overstayers and four illegal immigrants.

The suspected illegal workers comprised six men and three women, aged 27 to 59. Arrested with them were two men, aged 48 and 64, who were suspected of employing the illegal workers.

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The arrested overstayers comprised three women, aged 42 to 51 while the illegal immigrants comprised three men and one woman, aged 27 to 57.

Immigration warned anew that anyone who violates the condition of their stay in Hong Kong shall be guilty of an offence. Visitors are forbidden from taking up work, whether paid or unpaid. Those who violate this law face a maximum fine of $50,000 and up to two years' imprisonment.

The prescribed jail term goes up to three years maximum, if the person arrested is the subject of a removal or deportation order, an overstayer or a person who was refused permission to land.

Employers of illegal workers face stiffer penalties, with the maximum fine shooting up to $500,000 and the jail term rising to 10 years. Moreover, the courts prescribe immediate jail custody for the employer.

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Filipina who made ‘incredible’ torture claim loses judicial review bid

 

The High Court, where appeals against immigration rulings are heard

A Filipina who was earlier jailed for entering Hong Kong on a fake employment contract has failed to convince the Court of Appeal to allow her application for a judicial review of the decision rejecting her claim against non-refoulement, or being sent back home.

Eba M. Gonzales had initially sought help from the High Court to challenge the decision by the Director of Immigration and the Torture Claims Adjudication Board rejecting her application against non-refoulement. She was unsuccessful.

Gonzales, who had spent four months in jail in 2019 for making false statements to an Immigration officer, had cited as reason alleged threats made against her by relatives of “Alex,” a man who was killed shortly after she lent him money. The relatives reportedly accused her of being responsible for Alex’s death.

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In dismissing her application, the Board said the applicant was evasive and made claims that were “inherently improbable and her account, incredible.

Among her questionable statements were that she did not bother to check Alex’s background before she lent him money, nor did she ask the police for help when she began getting threats from his relatives following his death. 

Gonzales also said it was public knowledge that Alex died of overdose, prompting the court to ask why then would his relatives accuse her of killing him, and why they issued death threats against her. 

The Board also asked why the applicant did not show any interest in finding out more about Alex’s death so she could vindicate herself.

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“The Board therefore concluded that “it is inherently improbable that the Applicant had been threatened with death by Alex’s family and that her allegation about the threats is an exaggeration.”

Court records show that Gonzales had worked in Hong Kong as a foreign domestic helper on and off. She last entered Hong Kong on Nov 12, 2016 and was subsequently found to have entered into a false employment contract for which she was jailed for four months.

Following her release from jail, she raised a non-refoulement claim on Aug 6, 2019 and cited as ground the alleged threats to her life by Alex’s family.

On Nov 5, 2019 the Director dismissed the applicant’s non refoulement claim on all applicable grounds, including torture and persecution risks.

Gonzales appealed the decision to the TCAB and on Nov 11, 2020 the Board decided to dismiss the appeal and confirm the Director’s Decision. She then turned to the High Court to seek leave to apply for a judicial review of those decisions.

But in her decision handed down on Nov 28  last year, Judge Esther To rejected Gonzales’ review bid, saying the TCAB had correctly set out the law and key legal principles involved in the case.

The Board’s main finding was that Gonzales was “incredible”, or not did not give factual statements, thus she failed to prove the threat or risk of harm to herself.

Alternatively, the judge said the Board found that the applicant’s feared ill treatment does not fall within any of the four applicable grounds for state protection. Even if it does, she could easily relocate to another place in the Philippines.

CA Judges Thomas Au and Anderson Chow found no reason to overrule the lower court’s judgment, saying they could not detect any error of law or procedural unfairness in its primary or alternative decision.

“Basically the applicant failed to discharge her burden of proving her fears and risks. The decision is utterly without fault. The proposed judicial review has no realistic prospect of success,” said the appeal justices. 

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HK health authorities confirm leprosy diagnosis of Filipino DH

 

The Filipina was diagnosed at Tseung Kwan O Hospital where she remains in isolation

Hong Kong's  Health Department has confirmed in a statement issued earlier today that it is investigating a leprosy case which earlier news reports said involved a Filipina domestic helper who was diagnosed with the infectious disease in May, shortly after arriving from the Philippines.

At the same time, the Centre for Health Protection by the DH reiterated that the transmission risk of leprosy is low in Hong Kong and the disease does not spread easily among people.

Senior welfare officer Marilou Sumalinog of the Overseas Workers Welfare Administration told The SUN that the case has already been reported to them, but the hospital where she is admitted has yet to allow them to visit the patient.

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“We are still awaiting clearance so that she can be repatriated the soonest,” said Sumalinog in a chat message.

But before that, she said OWWA will have to discuss with her doctors the possible treatment protocol for the patient once she is discharged.

According to the CHP statement, the 30-year-old patient who had good past health, developed a skin rash on her arm in early May, and when she attended Tseung Kwan O for medical treatment on May 23 she was admitted for treatment. Laboratory tests on her skin specimen showed she has leprosy.

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Some news reports said her positive diagnosis for leprosy was released on June 14. They also said the patient had other symptoms, like swelling of the limbs, that she ended up being admitted to hospital.

CHP said she remains in stable condition at the hospital.

The CHP said initial inquiries revealed that the patient stayed in the Philippines during the incubation period before arriving in Hong Kong in late April.

Her home contacts in Hong Kong are said to be currently asymptomatic but are under medical surveillance.

CHP’s investigations are ongoing.

Leprosy, also known as Hansen’s disease, is a chronic infectious disease caused by a type of bacteria, Mycobacterium leprae, which can be transmitted by nasal droplets or by close skin contact.

But the CHP stressed that the disease will only be transmitted through prolonged and close contact over months to years with an untreated leprosy patient. Patients stop transmitting the disease as soon as they start treatment.

The disease does not spread easily between people through casual contact with a leprosy patient, such as shaking hands or hugging, sharing meals or sitting next to each other. Also, the disease does not spread through sex or pass to the fetus during pregnancy.

The CHP’s emphasis on leprosy not being easily transmitted appeared to be in response to news that the Filipina’s employer has been experiencing serious anxiety after learning about her helper’s ailment.

Her concerns have reportedly caused a stir about the safety protocols for hiring FDHs and compensation by the employment agency that brokered the employment.

Her employer, referred to in reports as Mrs Lee, was said to be distressed because the helper had been living in close proximity with her family, including a five-year-old child.

While her family members have all been cleared of the disease, they remain afraid as leprosy is known for its long incubation period, which can last up to 20 years.

Despite CHP’s assurance about the low risk of transmitting the disease, the management of the residential complex where the Lees resided has posted notices, advising residents to seek medical attention if they feel unwell or develop symptoms.

In the meantime, Mrs Lee has reportedly been in dispute with the employment agency that placed the helper with them, especially in regards to recovering the placement fee that she paid, as well as the medical expenses she incurred.

However, the agency has refused to return the full service fee and offered only a partial refund. It also proposed to educate Mrs Lee on the low risk of leprosy transmission, and provide disinfection services for her home.

The agency also showed a medical clearance for the helper, which was issued by a doctor prior to her deployment in Hong Kong. The clearance covers tests for other infectious diseases like Hepatitis B and HIV, but not for leprosy.

But while leprosy is a notifiable infectious disease in Hong Kong the number of case reported has decline significantly from more than 100 in the early 1970s to between 20 and 30 in the early 1990s. Between 2014 and 2023, the number of reported cases ranged between one to nine cases annually.

Worldwide, according to the World Health Organization (WHO), leprosy occurs in more than 120 countries, with more than 200,000 new cases reported every year.

In countries like Brazil, India and Indonesia, more than 10,000 new cases each year from 2018 to 2022, while some countries like the Philippines, Nepal, Myanmar, etc reported 1,000 to 10,000 new cases each year during the same period.

For more information about leprosy, please visit the CHP webpage featuring leprosy at www.chp.gov.hk/en/healthtopics/content/24/107984.html.

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High Court rejects Filipino’s bid to review failed asylum claim

 

The High Court, where the Court of First Instance holds it proceedings 

A Filipino has failed to convince the High Court to review his asylum application -- based on his claim that he was being hunted by two men in the Philippines who happened to leave plastic bags containing drugs in the tricycle he was driving and which he turned over to the police. 

His initial application had been rejected by both the Immigration Department, and then by the Torture Claims Appeal Board (Board).

Bernard Sampayan’s application for leave to apply for judicial review was rejected by Deputy High Court Judge K.W. Lung, saying he raised “no valid reason to challenge the Board’s Decision,” so there is no reason “the Court should interfere with the Board’s finding of the facts.”

He had also asked to appear in a hearing at the Court of First Instance and it was scheduled for 24 April 2024. “However, he was absent without prior notice to the Court,” according to the decision issued this week by M.O. Wong for the Registrar of the High Court, on order of Judge Lung.

Sampayan, aged 61, arrived in Hong Kong as a visitor on Oct. 11, 2017 and has overstayed since Oct. 26, 2017. He surrendered to the Immigration Department on Nov. 9, 2017 and made a non-refoulement claim on the same day.

He claimed that he would be harmed or killed by the two Filipinos who left the plastic bags containing drugs in his tricycle in Manila on Sept. 9, 2017 after they noticed a police car was following them, and he was then framed by the police to whom he turned over the drugs, of being involved in drug dealings.

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The claim was first rejected by the Immigration Department because it failed to meet the requirements for granting asylum: that he faced the risk of torture, death, inhuman treatment and persecution as defined by the Hong Kong Bill of Rights and the 1951 international convention on the Status of Refugees and its 1967 Protocol.

When he appealed the decision to the Board, it conducted a hearing on March 7, 2019 and found that in addition to not satisfying the basic requirements, his claim was also based on lies.

“Having considered the applicant’s evidence, the Board was not satisfied that his claims were truthful. There were significant inconsistencies in his evidence,” the CFI decision said.  

“The Board found that the applicant was never physically injured or threatened with death by the passengers. They were also satisfied that the police did not make allegations against the applicant for any drug related offences,” it added.

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In his appeal for judicial review, Sampayan claimed that the Board did not “conduct sufficient inquiry” into his case and “take into account psychological strain and threats to him personally or threats to him of being killed,” the decision noted.

But it dismissed these claims because “they are his bare and general assertions without any evidence in support.”

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8 centres set up to help handle JoyYou card applications

 

From August 25, elderly residents may only use the JoyYou card to enjoy the $2 subsidized fare

The government has set up eight temporary application service centers to help Hong Kong residents aged 60 and above to secure JoyYou cards so that they can continue enjoying the $2 public transportation fare concession for the elderly.

The service centers that will be set up on Hong Kong island, in Kowloon and the New  Territories will begin operating from next Monday, June 24.

From August 25 this year, all Hong Kong residents aged 60 and above can continue enjoying the $2 subsidized fare if they use the JoyYou card. Existing anonymous elder Octopus and ordinary personalized Octopus will no longer be applicable.

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However, all eligible persons with disabilities can continue using their personalized Octopus cards encoded with “Persons with Disabilities Status” to enjoy the $2 discounted fare. They need not apply for a JoyYou card.

This means that non-residents will no longer be able to use the green anonymous elder Octopus to qualify for the $2 fare.

The eight temporary JoyYou application service centers will be in operation from Monday until August 31. They will be located at the following addresses:

Conference Room, 2/F, Kennedy Town Community Complex (12 Rock Hill Street, Kennedy Town, Hong Kong);

Conference Room, G/F, Leighton Hill Community Hall (133 Wong Nai Chung Road, Wan Chai, Hong Kong);

Room 210, 2/F, Wong Tai Sin Community Centre (104 Ching Tak Street, Wong Tai Sin, Kowloon);

Conference Room, Mong Kok Community Hall, L2, Mong Kok Complex (557 Shanghai Street, Mong Kok, Kowloon);

Conference Room, G/F, Tai Yuen Community Hall (Tai Yuen Estate, Tai Po, New Territories);

Conference Room, 4/F, North District Community Centre (2 Lung Wan Street, Sheung Shui, New Territories);

Activity Room, G/F, Kwai Fong Community Hall (2 Lai Fong Street, Kwai Chung, New Territories); and

Conference Room, G/F, Long Ping Community Hall (Long Ping Estate, Yuen Long, New Territories).

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The centers will open from 9am to 8pm from Mondays to Fridays and 9am to 1pm on Saturdays. They will be closed on Sundays and public holidays.

JoyYou applicants are advised to visit the center nearest them as soon as possible.

All eligible applicants should receive their JoyYou cards within four weeks after completing an application form. If no card is sent to them within this prescribed period they may call the hotline  at 3147 1388 (press 0 after choosing the language to contact operators directly).

Applicants who submitted incomplete application forms will be issued with SMS or a letter informing them to submit the additional information as soon as possible.

Alternatively, eligible residents may apply for the JoyYou card by post or via the Octopus App to OCL. They may visit the JoyYou webpage: www.octopus.com.hk/joyyou/en)  for videos illustrating steps for making an application, and the distribution points for paper application forms (with a postage-free return envelope).

 A JoyYou Card carries the photo and name of the beneficiary of the $2 scheme. Each eligible person is entitled to just one card.

The JoyYou cards were issued to residents aged 60 and above in batches from June 1, 2020. To date, some 1.3 million people, or around 92 percent of estimated eligible applicants, have been issued with JoyYou cards.

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Govt eyes reward scheme for blood donors

Secretary Lo says it's ok to give blood as he revealed HK needs 650 units of blood daily (File)

Hong Kong ‘s Secretary for Health, Professor Lo Chung-mau has revealed a plan to get more people to donate blood by introducing a reward scheme for donors.

Lo made the disclosure in a question-and-answer at the Legislative Council yesterday, June 19, during which he was asked by legislator Peter Douglas Koon on the Department of Health’s plan to meet the need to collect 650 units of blood daily to provide to hospitals across the city.

He said that the reward scheme to be launched by the Blood Transfusion Service (BTS) will see blood donors earning points by donating blood and redeem them for various rewards through its mobile application, “HK Blood.”

“At the same time, the BTS also plans to collaborate with various enterprises and organisations through the reward platform, so as to join hands with different sectors of the community to promote blood donation,” he said.

He was responding to Koon’s query on whether the Department was considering following the practices of other countries t of collaborating with organizations, to offer non-cash, but material rewards to blood donors such as supermarket coupons for buying daily necessities.

Koon also suggested Hong Kong follow the practice of some countries, like Australia and Italy, of allowing employees time off work if they donate blood.

Another suggestion was for the Department to consider sending alerts through SMS to donors to donate again, or encourage deferred donors to do so already.

Finally, he suggested adjusting the operating hours of donor centers or set up a center in each of the 18 districts across the territory to make it more convenient for would-be donors, especially those who need to go to work, to give blood.

Members of Iglesia ni Cristo were among the latest Filipino groups to heed the call to donate blood

Lo replied that since there is no substitute for blood and the shelf life of blood is limited, “it is of particular importance for citizens to donate blood voluntarily and benevolently on a regular basis, so that a timely supply of blood of assured safety and quality can be secured for patients in need of rescue.”

In line with this, he said the BTS used to give a range of medals and certificates to blood donors. During special occasions like Chinese New Year and Valentine’s Day, the BTS also used to present souvenirs to donors as a token of appreciation, and encourage others to also donate.

In recent years, the BTS is said to have designed a variety of “practical souvenirs” to encourage more donations, and in future, will adopt a points system in awarding rewards with help from various enterprises and organizations.

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At present, some of these private enterprises have been arranging to get their staff to donate blood when mobile blood donation vehicles visit their place, or they organize group donation by visiting the donor centers as a kind of staff team building activity.

A number of such enterprises have also introduced half-day paid leave for staff who sign up for blood donation.

Starting October 2023, the BTS has also started a "BloodTHX" SMS to thank donors  and notifiy them when the donated blood has reached hospitals for use by patients, for them to better appreciate  the significance of their charitable work.  Eligible donors are also invited to donate blood again, so as to stabilise the supply at the blood bank.

Lo said that the BTS has been developing more communication channels with the public, such as the setting up of the "Blood for Life" WhatsApp channel in December 2023 to provide the latest donation information and maintain communication with the public, in particular the younger generation.

All the blood donor centers under the BTS are open until 7pm everyday, and mobile blood donation teams are dispatched regularly to the 18 districts in the city to facilitate blood donation from government departments and various enterprises.

Since 2021, the BTS has set up a blood donation centrer at Immigration Tower in Wan Chai while a new one will be set up at the new immigration complex in  Tseung Kwan O.

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Filipina’s fear of husband killing her not enough ground for asylum, court says

 

The High Court, where Court of Appeal holds hearings

A Filipina who sought asylum because she was afraid her husband would kill her for having had two children with a Nepalese while in Hong Kong, has failed to get the Court of Appeal to reverse a ruling rejecting her claim for protection from forcible repatriation.

Jonalyn Lorenzo, a domestic helper who overstayed after her contract was terminated, claimed non-refoulement on July 31, 2017, but this was dismissed by the Immigration Department on Nov. 8, 2017 because it did not meet applicable grounds, including risk of torture and persecution.

She appealed the decision to the Torture Claims Appeal Board. When the Board dismissed her appeal, she went to the Court of First Instance which denied her leave to apply for judicial review, resulting in her bringing the case to the appellate court.

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In their decision issued this week, Justices of Appeal Thomas Au and Anderson Chow said: “The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board.”

They asserted that  Lorenzo fails "to identify or show with specific particulars any error in the Judge’s decision refusing to grant leave to apply for judicial review, or raise any viable ground of appeal against the Leave Decision."  

They also cited the Board’s findings that Lorenzo became an overstayer on Oct. 23 2011 and claimed to have been threatened by her husband since 2012.  However, she chose not to seek protection until 2017, indicating “that her claimed fear for her safety was not genuinely held.”

They added: “The Board found in all these years the husband had done nothing to the Applicant or her mother in the Philippines. It found his threats were merely empty threats which the husband had no intention to execute.  The risk of harm posed by the husband was low.”

They concluded: ”General assertions of her fear if refouled do not constitute proper grounds of appeal.”

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