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The ‘Feeling pogi’ syndrome in HK

Posted on 15 March 2018 No comments
By George Manalansan

Our columnist for this issue is George Manalansan, a regular contributor of The SUN. When not busy composing and poring over his stories, George, a true-blue Capampangan, spends his time helping out with the financial literacy training of CARD HK Foundation, where he is one of the trainors, or attending other self-improvement activities, like the recent one held for those who joined the marathon CPR that earned a mention in the Guinness World Records. George, who has been working as a driver since 1994 and is among the less than 10% male OFWs in Hong Kong, wants it known that he is not among those bitten by the “feeling pogi” syndrome. He remains happily married to wife Rose, with whom he has three grown-up children: Euro Jerome, Jerico and Abigael. – ed

Out of the nearly 200,000 Filipino migrant workers in Hong Kong, more than 90% are women, and because of this, the less than 10% male members of this sector often do not lack for attention. The common joke in the community is that, the gender imbalance has made many men, young and old, married or unmarried, feel more “pogi” here than they would normally do when they are back in the Philippines.


Many tend to behave like this for a multitude of reasons. First, being men, they are more prone to straying than women. Quite a number come here with their spouses and work for the same employer, but the men somehow still find the time to date other women.

One of them is Eduard, who at 55, still feels he is “pogi” because women still run after him. “Palay na ang lumalapit sa manok, hindi pa tutukain?" he nonchalantly says.

He confesses to having a regular girlfriend despite working for the same household as his wife.

Edward says men are not solely to blame for the indiscretion. Many women OFWs here are desperate to find love so that even if they know that the man is already married they’d still go after him. If men feel pogi, it’s because some women are ok to play the playgirl role, he said.

Those who try to stay on the straight and narrow would advise these philandering men that they should maintain a high moral standard even while they are physically separated from their wives. Decent couples are not meant to throw these values to the wind just because they found someone new to love. Meaning, once they are married or committed to someone else, they could forget about that oft-repeated line from the famous Filipino novel, Florante at Laura: “O pagsintang labis na kapangyarihan, sampung mag-aama’y iyong nasasaklaw! Pag ika’y nasok sa puso ninuman, hahamaking lahat masunod ka lamang.”

But the “feeling pogi” men in the community are not about to be thrown off by such advice. Many know, and meet, many Filipinas who come to Hong Kong straight out of school and with no experience being in a relationship with a member of the opposite sex. Others are in a bad relationship back home and are lonely for love. That’s when our “pogi” guy steps in and offers to be the companion that these women are seeking.

A good “pogi” guy would treat a girlfriend right, meaning the relationship is still built on trust and genuine affection; however, a bad one would exploit the woman’s vulnerability by expecting some sort of a financial reward, or string her along with several other women. Unfortunately, many of the guys around who get into extramarital affairs are of the second type.

Quite a few years back, a story came out in The SUN about a  “Romeo” who promised marriage to several OFW women, and then disappeared after somehow extracting money from each of them. This Romeo, a driver who was not exactly a looker, won the trust of the women he courted because he was soft-spoken and introduced himself as a former pastor. It was only by a stroke of luck that his disgruntled girlfriends found out about each other, and exposed him for what he was.

And yet, how does one exact justice in a failed relationship? How does one go after a former lover who turns out to be nothing more than scum? Many of the women in such relationships would probably just count themselves lucky if they didn’t get pregnant in the process, because that is another reality faced by some who get into such illicit relationships.

Arthur is one of those who admit to having strayed. He says being away from home also made him feel lonely. Part of him was weak, and needed attention, so he ended up getting into an extramarital affair. But he reckons, it’s the same with many women OFWs. They, too are lonely, and need someone to be with. “We need each other,” he reckons.

For Abel, a quiet man who can be coaxed to talk about personal things only when drunk, having a girlfriend while abroad comes with the territory. Still, he is careful not to let this secret out, lest his wife throws him out of the marital house.

Nowadays, these men say, the women tend to be as equally guilty as them. They have become more aggressive in pursuing the men who catch their eye, the consequences be damned. The only difference is, the statistics are tilted in the men’s favor, so they get to choose from among several prospects, and if they are so inclined, end up with more than just one partner.

But the pogi men in this community should realize that they are in Hong Kong for the same reasons as their female counterparts. They are here to work, save, and provide a better future for the family they left behind. If they go astray and lose sight of that goal, there will be a price to pay.

“Nasa huli ang pagsisi,” as we Pinoys are wont to say.

Baka gusto mong sumali dito.

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CARITAS PROGRAMS
Saturday Basic Cantonese
May 12 – Aug 25 2018 (16 lessons in total)
Time   : 10:00 - 13:00 (Total 50 hours)
Target : Ethnic minorities in HK with HKID
Fee     : HK$100 / head including materials (CSSA recipient : HK$50)
Venue : Caritas Fortress Hill Centre. G/F., No. 28A Fortress Hill Road, Fortress Hill, Hong Kong.
                       
Saturday Basic Chinese Writing
Jun3 9 – Sept 22, 2018 (16 lessons in total)
Time   : 10:00 - 13:00 (Total 50 hours)
Target : Ethnic minorities in HK with HKID
Fee     : $100 / head including materials (CSSA recipient : HK$50)
Venue : Caritas Shek Kip Mei Centre. Rm. 107, 1/F, Tai Hang Tung Community Centre, 17 Tong Yam Street, Shek Kip Mei, KLN
For queries, call 2147-5988.


For Tinikling Lovers: The Tinikling Group of Migrants is in need of male/female performers with or without experience, no age limit. TGM performs mostly for LCSD events. Interested person may contact Marie Velarde @ 67175379, Emz Bautista @ 98512804 and Rowena Solir @97331049.

Attention: Rugby enthusiasts:The Exiles Touch Rugby group is inviting rugby enthusiasts to join the team. We practice every Sunday at the Happy Valley Pitch 8 from 5pm to 8pmat the Happy Valley Pitch 8.  For those interested please contact: Ghelai 65414432 whatsapp/sms or click “like” on Exiles HK facebook page

Wanted: softball players: The all-Filipina softball team is now open for tryouts. Those who are interested, especially those with prior experience in the game may contact Team Captain Don Gaborno 5318-5113

An invitation to play volleyball:Calling sport-minded Filipinas who want to play volleyball. A team is being organized by a group led by Shane Key Gonzales to compete in upcoming volleyball leagues in Hong Kong. Interested parties may contact Shane at 54498080.

What's on where

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PCG CALENDAR
The Philippine Consulate General will be closed on the following dates:
    Mar 29-31 (Thursday to Saturday): Holy Week
There will be no official business transactions at the Consulate and POLO on these dates.
In case of emergency, please call:
    9155 4023 (Consular assistance)
    5529 1880 (POLO)
    6345 9324 (OWWA)

Auditions for “Sayaw Pinoy” Performance
(Kapangyawan Friendship Festival)
Registration Deadline: Feb. 25
Audition Schedules:
Mar. 4, (Sunday), 4-6pm: Maria Clara and Rural Suites
Mar. 11, 4-6pm, Cordillera and Muslim Suites
PCG Conference Room
Groups are required to bring USB drive with their material piece im MP3 format. Details: PCG Cultural Section, 2823 8537

Understanding Hong Kong
(Its traditions, values and what makes it tick)
Mar 18, 2pm-5pm
PCG Conference Room
Resource Speaker: Jason Ng, lawyer and author
Organized by: Wimler Foundation HK. To register, call Anna Regulacion, 6500 9288/ Lorna Mojica, 2823 8512

“Beyond Myself” Art Exhibition
Among those on display are works from the HK OFW group, “Guhit Kulay”.
Ongoing until March 17, 2018
3rd floor, Vargas Museum, University of the Philippines, Diliman.
Organized by: Goldsmiths, University of London.
Partners: University of Hong Kong, Enrich HK, Scalibrini Migration Center and Vargas Museum.
Museum is open Tuesday to Saturday, 9am to 6pm

Music of Love for Arthur
(A benefit show in memory of Art Manuntag)
Mar 25,  4pm-8pm. The Doghouse Kowloon
Organized by: HKMU & Friends

“Singing While Filipino: Reflections on Authenticity and Labour”
Lecturer: Dr. Anjeline de Dios, Lingnan University
April 9 (Monday), B5-417, AC1, Yeung Kin Man Academic Building, City University, HK. Organized by: South East Asia Research Centre, CityU HK.
Open to the public

For the period March 16-31

Posted on No comments
ASO. Isinilang noong 1922/34/46/58/70/82/94
Sa negosyo, ang pagiging sensitibo ang maaaring maging sanhi ng pagkatalo, huwag hayaang makasagabal ang pagiging sentimental. Maging maingat sa trabaho, hindi ito oras upang makipagsapalaran. Gaganda ang relasyon kung magiging maunawain ka. Bantayan ang kalusugan ng anak, ipatingin sila agad kung may karamdaman. Mababalanse mo ang trabaho at social life kaya may mga makikilala kang makakatulong sa iyong trabaho. Lucky numbers: 11, 19, 25 at 40.
.
BABOY. Isinilang noong 1923/35/47/59/71/83/95
Ang problema sa pamilya ay nakakaapekto sa iyong trabaho, kailangan mo ng kontrol at ayusin ang sarili. Iwasang lumaki ang ulo ng dahil sa maliit na tagumpay, mag-ingat sa ibubunga nito. Ang maikling bakasyon sa ibang lugar ay makabubuti sa iyo, at posibleng makilala ang taong magiging importante sa iyo. Ganado at mataas ang karisma kaya tiwala ka sa sarili, pero mag-ingat dahil may mga kakumpitensya ka. Lucky numbers: 9, 21, 31 at 42.

DAGA. Isinilang noong 1924/36/48/60/72/84/96 
Iwasan ang nakagawiang pagbubuhat ng sariling bangko, mas epektibo kung magtrabaho ka na lang ng tahimik. Tamang panahon na mag-umpisa ng proyekto o bagong trabaho. Kung may asthma, dagdagan ang pangangalaga sa sarili. Palagay mo ay hindi ka naiintindihan ng pamilya mo. Gusto mong maging masaya ang lahat, pero unahin mo muna ang sarili at hindi ka naman sisisihin dito. Lucky numbers: 7, 22, 33 at 44.

BAKA. Isinilang noong 1925/37/49/61/73/85/97 
Kailangan mong tiisin ang ilang bagay na kinaiinisan mo, pero dahil sa kagustuhan mong magtagumpay, malalampasan mo lahat ito. Sa usaping puso, may pagdaraanang sakit ng kalooban, pero maaayos din agad ito. Magkakaproblema ka sa isa sa mga anak. Masaya ka sa piling ng mga bago mong kaibigan, pero mas pahalagahan pa rin ang dati nang kaibigan. Lucky numbers: 13, 25, 37 at 41.
.
TIGRE Isinilang noong 1926/38/50/62/74/86 at 98 
Dahil sa napaka-positibo mong pag-iisip, mas mapapatibay mo pa ang posisyon sa trabaho. Huwag hanapan ang kapartner ng mga bagay o katangian na wala sa kanya. Upang sumigla ang pagsasama, sumubok ng mga bagong bagay, gaya ng pamamasyal sa malayong lugar. Kung mabilis mapagod, bawasan muna ang mga bagay na pinagkakaabalahan. Higpitan ang paghawak ng pera, bawasan ang luho at bayaran agad ang utang. Lucky numbers: 11, 16, 23 at 32.

KUNEHO Isinilang noong 1927/39/51/63/75/87 
Malalim na pagbabago ang magaganap sa iyo; hindi ito madali, pero kapuri-puri ito. Maiinis ka sa asal ng mga anak, kontrolin ang sarili. Ang ipinapakita mong pagbibigay at pagmamalasakit ang magpapalapit sa loob ng iyong minamahal. Umiwas sa tsismis. Posibleng makaranas ng pananakit ng sikmura kaya bawasan ang labis na pag-inom ng kape at alak at pagkain ng maanghang at maasim. Maghapunan ilang oras bago matulog. Lucky numbers: 20, 28, 35 at 43.

 DRAGON Isinilang noong 1928/40/52/64/76/88 
Kung mailalabas ang ilang bagay na kinikimkim, mababawi mo ang dating lakas. Alisin lahat ang mga negatibo at pangit na bagay sa isipan. Maging diplomatiko at sa mga kasamahan sa trabaho. Malakas ang imahinasyon at marami kang gustong malaman at matutunan ngayon. Marami ka ring bagong ideya na gustong subukan. Maganda ang lagay ng pananalapi. Kumunsulta sa mga eksperto bago maglabas ng pera. Lucky numbers: 6, 13, 26 at 40.

AHAS Isinilang noong 1929/41/53/65/77/89 
Magiging romantiko ka ngayon, isang pagtatagpo ang magpapalutang sa iyo sa ulap. Kung may anak, bawasan ang pagiging istrikto dahil iba na ang panahon ngayon kaysa noong bata ka pa. Kung gusto mong sumaya, ipagpasalamat ang mga maliliit na bagay na natatamasa mo sa buhay ngayon. Maganda ang kalusugan ngayon, pero mag- dobleng ingat sa mga nakakahawang sakit. Lucky numbers: 15, 37, 38 at 42.

KABAYO. Isinilang noong 1930/42/54/66/78/90
Gusto mong madaliin ang trabaho ito upang matapos agad, pero alalahanin din ang iyong limitasyon. Mag-ingat sa pagkain na makakasama sa iyong atay. Mag-ingat din sa kapabayaan; piliting maibalik ang kontrol sa sarili. Mag-ingat na mapasukan ng magnanakaw. May kaunting problema sa pagsasama, kailangang malalampasan mo ito upang bumalik ang dating tamis ng relasyon. Lucky numbers: 8, 14, 34 at 38.

KAMBING. Isinilang noong 1919/31/43/55/67/79 at 91 
Ngayon, parang ang lahat ng bagay at maganda at madali, kaya samantalahin ito. Magaan ang trabaho, pero huwag kalimutang mag-ingat din. Iwasan ang labis na pagkain ng karne, palitan ito minsan ng isda. Ito ang tamang oras na pagandahin ang loob ng bahay. Mas bibigyan mo ng oras ang mga kaibigan na ikaiinis ng iyong kapartner at pagmumulan ng pagtatalo. Lucky numbers: 10, 16, 22 at 31.

UNGGOY. Isinilang noong 1920/32/44/56/68/80/92
Bawasan ang dami ng kinakain lalo na yung matataba at matatamis. Ang mga bagay na ikauunlad mo ang pagtuunan ng pansin. Ngayon ay mag-uumpisa ka nang magtanong tungkol sa mga bagay, na makabubuti sa iyo. Huwag kaligtaan ang pamilya kahit abala sa maraming bagay. Sa biglang pagdami ng trabaho, huwag hayaang mabago ang kalidad at paraan ng pagta-trabaho, matatapos mo rin ito ng maayos. Lucky numbers: 16, 28, 36 at 44.

TANDANG Isinilang noong 1921/33/45/57/69/81/93
Maswerte ka sa pera at pakikipagsapalaran ngayon. Hindi mo kailangang magpakapagod upang makakuha ng magandang resulta. Makakaranas ng pananakit ng likod at mabilis na pagtibok ng puso; iwasang mapagod at mag-aalala ng husto. Masaya ang pamilya at maayos ang pagsasama, kaya umiwas sa tukso o makagawa ng mga bagay na ikakasira nito. Lucky numbers: 19, 35, 41 at 47.

POEA charges Ylagan with massive illegal recruitment

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By Daisy CL Mandap
Ylagan is caught on camera counting
money paid by an applicant

The world has just gotten smaller for Ester P. Ylagan.

The 65-year-old recruiter accused of fleecing no less than 200 overseas Filipino workers of tens of thousands of dollars in exchange for non-existent jobs in Canada and Britain two years ago, has just been charged by Philippine authorities with illegal recruitment.

Ylagan used to co-own with her late husband Emry's Service Staff Employment Agency, the biggest recruiter of Filipino domestic workers in Hong Kong. She also owned Mike's Secretarial Services, which she used in her apparent recruitment scam.

In a memorandum dated Mar 13, the Philippine Overseas Employment Administration informed  Labor Attache Jalilo dela Torre that a criminal case for illegal recruitment had been filed against Ylagan with the Department of Justice.

In addition, two administrative charges were filed against her: one for “unjustifiably collecting fees from the workers”, and another for “committing a felony or crime punishable by the laws of the Philippines or the host country.

Under Philippine laws, illegal recruitment is a serious offence for which the maximum penalty could be life in prison. Bail could also be withheld for one charged with the gravest form of the offence.

Contacted by The SUN on the phone, POEA Administrator Bernard Olalia confirmed that the information filed against Ylagan was for “syndicated illegal recruitment”, meaning the case against her involved at least three alleged victims. Because of this, Ylagan will be held without bail once a warrant of arrest is issued against her.

He said that it was up to the DOJ to file the case in court, after which an arrest warrant could be issued once “probable cause” is established.

“I will still have to find out if the DOJ has already made that determination,” Olalia said.

A flyer from Ylagan's company, Mike's, offered
'any job available'in UK and Canada
Around 10 Filipinos, many of them relatives of OFWs in Hong Kong, have filed complaints with the POEA against Ylagan, who allegedly charged between $10,000 and $15,000 for bogus jobs in Britain and Canada.

Some of them personally brought their complaints directly to Olalia late last year, when he was still 
acting POEA administrator. They were accompanied to the meeting by migrants rights advocate Susan Ople, who has been keeping tabs on the case.

At least 200 more OFWs have filed complaints against her with Hong Kong police. On Mar. 11, the police began looking at the case in earnest after a group of lawyers divulged in a media interview that Ylagan could have also engaged in big-stakes money laundering, partly using the money paid her by the applicants.

Olalia also confirmed that one of the administrative charges being pursued against Ylagan was for her “unlawful exaction of fees”, for which the maximum penalty would be the cancellation of her license.

However, this charge may have become moot when she voluntarily ceased operations after POLO Hong Kong cancelled her accreditation, meaning she could no longer recruit Filipinos for work in the city.

The other administrative charge, over a felony or crime she may have committed in the Philippines or Hong Kong, could be over the money laundering allegation against her.

Documents shared with The SUN by the group looking into this angle showed Ylagan, along with her two sons, a son’s girlfriend and former staff members, appeared to have moved millions of dollars to places as far apart as Nigeria and Malaysia. The documents have been turned over to Hong Kong authorities who are looking into the case.

Some of the applicants who sought help from HK Police
Meanwhile, the police in Hong Kong have begun interviewing around 80 OFWs who had complained against Ylagan’s apparent recruitment scam as early as July 2016.

A total of 32 OFWs were reportedly interviewed and asked to submit additional documents during the whole-day session held at the Central Harbourfront Station on Mar. 11. The others are being called for similar interviews this coming Sunday, Mar. 18.

Up until this time, Ylagan managed to avoid going to court, despite being the subject of numerous complaints from Filipinos – in Hong Kong, Macau and the Philippines – who claimed to have paid her thousands of dollars for the fictitious jobs she offered.

It appeared Ylagan charged HK$15,000 for each job applicant to Canada, and HK$10,000 for those who wished to work in Britain. Several applicants claimed they paid her for multiple placements, in hopes of bringing along their relatives back in the Philippines to their dream destination.

Failing to get her arrested for fraud, the applicants took their case to the Small Claims Tribunal, where Ylagan sent representatives to contest the claims, while she slipped out to the Philippines in mid-July 2016.

Before leaving, she filed a complaint with the Hong Kong police against a business associate she named as “William Clinton James”, who she claimed, was the one who made her do the recruitment for the bogus jobs.

Ylagan said Clinton James made her send nearly $8 million cash to unknown people in Burkina Faso, on the promise that he had jobs waiting for her recruits. For her effort, she was supposed to get a British passport, 15 plane tickets to London, and a chance to explore business opportunities in the United Kingdom.

At the Tribunal, about two dozen claimants were awarded their claims until Ylagan, though a representative, succeeded in getting all the claims transferred to the District Court early last year.

A TV news report in the Philippines about the cases pending against her in Hong Kong succeeded in flushing Ylagan out of hiding in Manila. She returned to Hong Kong in December last year, and immediately went to the police to file another complaint; this time, against her ertswhile friend, Ody Apostol Lai, who allegedly used deception to get a flat formerly owned by Ylagan and her late husband transferred in her name.

The two-bedroom Aberdeen flat, which costs around $6.5 million at market rates, is being sought by Ylagan’s applicants for attachment so their claims could be satisfied. The applicants have been granted Legal Aid in pursuing their case against Ylagan.

The next hearing of the claims before the District Court has been set for May this year.


Filipina maid shines as ‘Martika’, in RTHK’s new TV movie

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By Vir B. Lumicao 

Selena M. Gomez
She may be just an ordinary Filipina domestic worker, one of the 200,000 OFWs who serve in Hong Kong homes.

Yet, in recent weeks, this simple, unassuming “kongyan” who goes by the screen name Selena M. Gomez, has transformed herself overnight into a movie star propelled by the “can do” spirit of dwellers of this bustling city.

It would look like Selena’s transformation was meant to be, as it came at the right time and at the right place.

When Radio-Television Hong Kong was hard-put to find somebody who could play the role of a foreign domestic worker in an episode of its long-running TV series “Below the Lion Rock,” the show’s director stumbled across Selena.

“Kasi yung friend ng amo ko, famous TV director dito sa Hong Kong – si Heiward Mak,” said Selina in an interview with The SUN recently.

The 31-year-old maiden from El Nido, Palawan, said she met Mak when he came to visit her employer.

At the time, the director had a handful of candidates for the role of  “Martika”– both Indonesians and Filipinas – with the best bet being a performer at Disneyland. But Mak eventually thumbed down the woman for being too pretty and fair skinned, thinking she wouldn’t pass for a servant.

“Tapos minsan dumalaw siya sa bahay ng amo ko at nakita ako. Sabi ni amo, ‘Siya na lang ang kunin mo. Kumakanta pa iyan.’ Kasi naririnig niya kapag kumakanta ako habang nasa kusina,” said Selena.

Selena M. Gomez plays the role of Martika, a domestic helper, in RTHK’s TV movie.
She said Mak sized her up, then agreed to give her a try. He endorsed the Filipina to a colleague, director Fei Pang Wong, who would do the particular “Below the Lion Rock” episode. The director asked her to attend two acting and dancing workshops in a Mongkok studio before shooting.

At the same time, Wong and the production crew patiently visited her for days, after 9:30pm, when her daily work was done, to get to know her better and help her become comfortable with their company before the camera rolled.

Selena said it took a total of eight days in February and March to shoot “Martika”, in addition to the two days of workshop and two days of casting.

She was told beforehand she would not get a penny for starring in the movie because of legal issues, and she said she understood the situation and that the once-in-a-lifetime opportunity to play the lead role in a movie – which was not even in her wildest dreams – was more than enough compensation for her.

“Martika,” the film title, is also the name of the lead character in the movie about a Filipina domestic helper who struggles to give care to elderly dementia sufferer Kam Fai (Li Ying To) while she tries to resolve a family financial crisis long-distance by phone.

One winter day, Martika was too absorbed trouble-shooting her family problem when her employer Alan Chung (Patrick Tang) gave her an urgent call and rushed home. She was shocked to find out that her elderly ward had gone to the bathroom all by himself to take a shower, got locked up and left the tap open, sending water flowing out into the flat.

For Selena, the scene in which Alan was crying in one corner while she was also crying in her bed, was the toughest part of the movie.

“Ang hirap ng eksena na iyon, yung umiiyak si Alan, tapos ako umiiyak din sa kabilang kuwarto. Ang hirap pala talaga ng iiyak ka sa camera. Pero pinagtiyagaan ko dahil it’s a very rare opportunity,” the newfound actress said.

 She said director Wong and the crew complimented her after the shooting for her “very natural” acting, telling her she would win an Oscar. It wasn’t a joke, as Selina said  RTHK is planning to enter “Martika” in this year’s Hong Kong TV Awards.

“Sobrang nakaka-inspire kasi sa dinami-dami dito ng naghihirap, out of 300,000 ako pa ang napili kaya hindi ko sinayang ang opportunity,” she said.

RTHK TV aired a shortened, 45-minute version of “Martika” on Nov. 26. The full movie is one hour long. After that, Selena got a deluge of friend requests on a special “Martika” Facebook page that RTHK had set up for her.

Selena said one of her avid fans is her lady employer, who accompanied her to the nightly shoots, staying up until 3am despite having to work the next morning. Another is the mayor of her hometown, Nieves Cabunalda-Rosento, who was so proud of her that she shared the Youtube-uploaded movie with friends.

“Very relevant yung story, it’s actually about us domestic helpers… very OFW talaga. Money matters, manghihiram ka sa lending. Very relevant kaya maraming nakaka-relate. Mas maganda kapag Hong Kong viewers para makita nila na mahalaga rin kami sa buhay nila,” Selena said.

Selena’s dream is to earn a college degree. She was just 17 when poverty drove her to Manila at age 17, where she worked as a maid and went to college at night. She was in her first year as a BS Education student when she decided to work in Hong Kong.

“Gusto kong i-encourage ang aking mga kapwa Pilipina na hindi basehan yung may pinag-aralan ka, o ganito, huwag nyong sabihin na kahit katulong ka lang wala kang natapos, hindi tayo pwdeng mag-excel sa trabaho natin o gumawa ng iba. No, we can. Ang trabaho natin pagbutihin natin.”

“Ako po, yun ang laging rason, mahalin mo ang trabaho mo, mamahalin ka rin niya.”

Whether she’s doing the laundry or acting in front of the camera, this belief is what keeps Selena going.

Namulat na?

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Ni Ate Kulit

Isa sa mga nakakainis na kasong nasaksihan namin ay ang illegal recruitment noong mga nakalipas na taon. Hanggang ngayon ay hindi pa nabibigyan ang mga ito ng kaukulang aksyon ng pamahalaan ng Hong Kong.

Kaya hanggang ngayon, hindi pa rin naparurusahan ang mga nanlimas ng milyong dolyar sa mga OFW na ang tanging hangad ay makaahon sa kanilang kinalalagyan ngayon sa Hong Kong sa pamamagitan ng pagpunta sa iba’t ibang mauunlad bansa. Saan galing ang perang ito? Pansinin ang opisina ng mga pautangan. Marami sa nakapila doon ay para magbayad sa utang na napunta lang sa pagkakamaling ito.

May mga pagkakataong nakipagbangayan kami sa mga pulis na ayaw makialam sa mga kasong ganito dahil, sa tingin nila, ang mga nagrereklamo ay naghahabol lang na mabalik ang pera nila— at hindi trabaho ng pulis ang magsilbing kolektor.

Bakit hindi makita ng mga maykapangyarihan na ang mga ito ay kaso  ng panloloko, kung hindi man mas malalang kaso ng human trafficking?

Ang dahilan ay masyadong bago ito sa pandinig ng Hong Kong. Kahit maraming gawain na ang ipinagbabawal sa Pilipinas, gaya ng illegal recruitment, hindi sila kilala sa Hong Kong.

Pero unti-unti, nakakarating ang mga hinaing ng OFW sa matataas na opisyal ng Pilipinas at Hong Kong. Namumulat na ang mga mata ng mga gumagawa ng patakaran sa Hong Kong na may ganitong mga krimen.

At ang unang sigwa ng pagbabago ay makikita natin sa paghihigpit sa mga employment agency sa Hong Kong.

Sa mga nakalipas na taon, hindi pinapansin ang panloloko ng mga ahensiyang hindi nakalista sa Labour Department. Ika nila, wala naman silang kapangyarihan sa mga ito dahil hindi nga rehistrado. Ngayon, ang operasyon ng mga ahensiyang hindi rehistrado ay ilegal na at pinaparusahan.

Noon ay banayad lang ang parusa sa sobrang paniningil sa kanilang aplikante. Kaya naman patuloy nila itong ginagawa dahil kikita pa rin sila kahit pagmultahin ng paulit-ulit.

Ngayon, hindi lang multa , na itinaas sa $250,000 mula $50,000, ang kakaharapin nila. May parusa na ring pagkakakulong.

Light and darkness

Posted on No comments
By Daisy Catherine L. Mandap

The past two weeks produced both good and bad news for our migrant workers.

First, the good news.  Hong Kong legislators finally passed a law that prescribes a prison term of up to three years for employment agency operators who commit either one of the two grievous sins: overcharging a job seeker, or operating without a license.

What’s more, the maximum fine for either offence was raised a whopping five-fold, from $50,000 to $250,000.

This should put an end to the past anomaly of recruiters being fined a fraction of what they had collected from their applicants that they could virtually laugh their way out of a labour prosecution.

Also, the new measure makes it clear that yes, labour officers do have jurisdiction over people who do not bother to get licensed before offering all sorts of jobs to our workers.

In the past, we used to get shocked when labour officers would tell us that they could not go after an illegal recruiter because this person was not licensed by them. Then, when we’d try to help bring the matter to the police, we would be told they had no jurisdiction over the case either.

This caused us a lot of frustration, and even more grief to victims of recruiters who must have realized that the easiest way to avoid liability is to simply duck from the sight of law enforcers.

Another heartening measure, though not entirely satisfactory, is the extension of the prescription period for filing a case against a rogue agency, from six months to 12 months.

We have long argued against this provision, as it allowed some of the most notorious recruiters hereabouts escape liability. All they had to do was to make the job applicant wait for at least six months for the placement that never came, or stagger the illicit payment to beyond this prescribed term, to escape prosecution.

All told, the new measures lend considerable teeth to the effort to protect migrant workers from unscrupulous recruiters.

Now, for the bad news. Just five days after these tough new laws were passed, a High Court judge came up with a bummer. He said the 15-year-old policy of making foreign domestic workers live with their employers could not be assailed in court.

Among his reasons were: 1) a maid from overseas can choose not to come here if she does not want to live with her employer; 2) it was really the intention of policymakers to make live-in mandatory but decided to make this clear only in 2003 when they included this requirement in the standard employment contract; 3) making workers live in close proximity to their employers does not heighten their vulnerability; meaning an abuser will always be an abuser, whether near or far away.

It does not take much effort to see how narrow-minded, even arrogant, this kind of approach to finding a solution to the long-standing problem of migrant workers being left vulnerable by making them live with their employers 24 hours a day, 6 days a week.

By asking them to uproot themselves and come here to do the work that most locals shun, the government has the responsibility to ensure that they are well protected, not just in terms of salary, but also insofar as their health and welfare is concerned.

And yet, migrants are not even asking for the total scrapping of the live-in arrangement, but simply to make it an option. This is just to ensure that some of them are spared the indignity of being made to sleep in all sorts of unimaginable places like tiny cubicles, storage rooms, common areas such as living rooms and kitchens, and even toilets.

When even a decent sleeping place is denied a migrant worker who is on call practically all day, shouldn’t we protest? When their work contract does not even stipulate the number of hours they should be working, shouldn’t we at least ensure that they have their own place where they can rest after a hard days’ work?

Is it too much to ask to allow them to live a bit more comfortably, just because they agreed to take on a job deemed lowly by many?

An appeal is definitely worth looking into. Until then, we should not stop fighting for what is right, and just, for our migrant workers.

Maid cries ‘foul’ after being charged $1,500 for panties that clogged pipe

Posted on 13 March 2018 No comments

By Vir B. Lumicao

The proof: all her panties
could be accounted for
A Filipina domestic worker sought help on Mar. 11 after her employer deducted $1,500 from her salary allegedly because her panties had clogged the toilet sewage pipe.

The offended Filipina sent photos of her stack of panties to Labor Attaché Jalilo dela Torre, saying none of her underwear was missing.

But she said her employer was unconvinced that she was not the culprit, insisting the stuck panties were hers because she was the only one using that washroom. So, she paid the maid just $2,710 for March.

The worker complained that each time something was broken at home, her employer would blame it on her, and would quickly deduct the cost from her salary. In all, she reckoned she had been deducted $5,000 for damages she swore she had not done.

The employer had allegedly said their employment agency, Smart Employment, had told her she could deduct the damage from the helper’s salary.

The maid went to the Philippine Overseas Labor Office the following Sunday to seek help, and a volunteer accompanied her to Dela Torre. The worker also complained that her passport had been kept by her employer since she started working for her.

Dela Torre called up Smart Employment and reminded it that any salary deduction beyond $300 was illegal. The agency relayed the message to the employer and she agreed to return the money.

“It’s wrong because there is a law against excessive deductions,” the labor attaché said.

He said it was up to the worker to take up further action against the employer, but, as always, that has to be balanced with the continuation of her own job.

Dela Torre later said the employer had paid back, and had returned the helper’s passport.

Filcom leader dies after being hit by car

Posted on 11 March 2018 No comments
Larry Sevilla at a Filcom event
(from his Facebook page)

By Daisy CL Mandap

Many Filipinos in Hong Kong have taken to social media to express shock at the sudden death yesterday (Mar 10) of Larry Sevilla, a resident and founder of 1Ganap Guardians and vice chairman of Duterte Alliance Hong Kong.

Sevilla, 51, succumbed to severe head injuries sustained after being hit by a car near Times Square in Causeway Bay on Friday night. He is survived by his wife Michelle and their two young daughters, plus a teenaged daughter from a previous relationship.

According to the police, Sevilla was “reportedly knocked down” by a Tesla car that was coming out of Canal Road East corner Russel Street in Wanchai at 8:34pm on Mar. 9. He was rushed to Queen Mary Hospital unconscious, and was declared dead at about noon the next day.

The 74-year-old driver surnamed Lo was reportedly arrested and charged with “dangerous driving causing grievous bodily harm”. With Sevilla’s death, the charge would likely be changed to
dangerous driving causing death. The police said they will provide an updated report on the case tomorrow, Mar. 12.

Also injured in the accident was a passenger in Lo’s car, a 71-year-old woman surnamed Lee, who was taken to Ruttonjee Hospital in Wanchai “in a conscious state”, said the police.

The wrecked Tesla and paramedics about to take
Sevilla to the hospital (photo by Dulce Abatay)
A report in the Chinese newspaper, Apple Daily, quoted a bystander as saying that the driver had apparently hit on the gas pedal instead of the brakes when he saw Sevilla in front of him as he got out of the carpark. As a result, the car accelerated forward, running over Sevilla, before stopping when it hit the concrete pavement of the Canal Road flyover on the opposite side of the road.

Sevilla's friends said he was walking on his way home with clothes he had just picked up from the laundry. 

According to Danny Baldon, officer of the assistance to nationals section of the Consulate, Sevilla’s remains are still at Queen Mary Hospital’s mortuary, where they are scheduled to be identified formally to the police by his widow early this week.

Several people have called out to members of the Filipino community for financial help for Sevilla’s family so his body could be repatriated back to the Philippines. 

Among them is Marvin Cometa, chair of DAHK who said he will hold a fundraising event for Sevilla on Mar. 25, either at his pub, The Port, or at the back of the General Post Office building in Central where his group often holds outdoor shows.

Cometa said many community leaders want to extend help, knowing how difficult it must be for Sevilla’s young family to cope with his passing.

The call was echoed by Jennifer Gafate, who is also an officer of DAHK and a close friend of the Sevillas. Gafate visited Michelle Sevilla at the hospital to condole with her and offer help. She said she was just in the Sevillas’ home in Causeway Bay a few days ago to discuss some projects she and the deceased had been planning together.

Sevilla worked for Bolaven Hong Kong, a coffee farm with a cafe in Wanchai. But he was widely known in the community as a staff member of Metrobank, where he worked for several years.

Sevilla listed his hometown on his Facebook page as Del Gallego, Camarines Sur. Gafate said that’s where his remains will likely be repatriated.

Many of Sevilla’s friends remember him as being soft spoken and kind, and a devoted father.

Metrobank's Merlinda Mercado, who is godmother to one of Sevilla's kids, said she and her husband were heartbroken when they say the deceased in hospital. She said the doctors had told them he did not have much time to live as he was already on life support. He died shortly after they arrived.

Mercado was the first to announce his death on Facebook. "May your soul rest in peace, Pare Doc Larry", she posted. 

Mercado said many of Sevilla's former colleagues in Metrobank, including a former senior officer, are helping raise money for his family. 
Larry with wife Michelle

Another Filcom leader, Gemma Lauraya of the National Organization of Professional Teachers - Hong Kong, thanked Sevilla for readily volunteering as “proctor” during licensure examinations held here.

In Manila, former Consul Charles Macaspac also sent a message, asking if the news about Sevilla’s death was true. Told that it was, he said: “That’s too bad. He was a big help in organizing the Independence Day celebrations and the annual Concert in the Park.”

Former Consul General and now Ambassador to Vietnam Noel Servigon, said in Facebook message: “Condolences to the family. I remember Larry as an active community leader.”

Cometa, who was also quick to announce Sevilla's passing: “We were deeply shocked and saddened to hear the death of our vice chairman Mr. Larry Sevilla…He and his team were one of the most sincere and most active volunteers during the campaign period who supported PRRD”.

He said he would be announcing details about Sevilla’s wake as soon as he gets more information.




Govt goes after recruiter of OFW kept in Kuwait freezer

Posted on 09 March 2018 No comments
The National Bureau of Investigation (NBI) has begun looking at the possible liabilities of the Filipino recruiters of Joanna Demafelis, the 29-year-old worker who was killed and kept in a freezer in an abandoned house for one year in Kuwait.

Presidential spokesman Harry Roque said President Duterte had tasked the NBI to summon Demafelis’ recruiters.

The International Police had arrested Demafelis’ employers, Nader Essam Assaf, a Lebanese, and his wife Mona Hassoun.

Hassoun is in the custody of Syrian authorities in Damascus.

Roque said the government hopes the couple would be prosecuted and punished the soonest time possible.

Foreign Secretary Alan Peter Cayetano said they expect Kuwaiti authorities would request the extradition of Assaf to stand trial for murder in Kuwait.

“Assaf’s arrest is a critical first step in our quest for justice for Joanna and we are thankful to our friends in Kuwait and Lebanon for their assistance,” Cayetano said.

He has confirmed that Lebanese authorities already have custody of Assaf.

Citing an initial report from Philippine ambassador to Kuwait Renato Villa, Cayetano said Hassoun was arrested with her husband in Syria where the two fled after leaving Kuwait last year.

Kuwaiti authorities discovered early this month the battered body of Demafelis inside a freezer in the couple’s abandoned apartment.

Cayetano said the DFA and the Department of Labor and Employment (DOLE) would follow President Duterte’s instructions to vigorously pursue justice for Demafelis.

Duterte visited Demafelis’ wake in Sara town, Iloilo last Thursday, vowing to seek justice as he lashed out at Kuwait for its slow-paced action on the murder of the Filipino worker.

The victim’s mother Eva had said they went to the recruitment agency that sent Demafelis to Kuwait after they lost contact with her in 2016. She found out that the recruitment agency was ordered shut down for numerous violations.

Demafelis was recruited by Our Lady of Mt. Carmel Global E-Human Resources Inc., which was shut down in 2016.

The foreign recruitment agency that handled Demafelis’ deployment was Fadilah Farz Kaued Al Khodor Recruitment Office, currently on the watchlist of the Philippine Overseas Employment Administration (POEA) because of a pending case, according to a report on CNN Philippines.

Labor Secretary Silvestre Bello III said the recruitment agency would be held accountable “civilly or administratively” for what happened to Demafelis.

“Unless the Kuwaiti police have evidence to link them to the violent death of Joanna, in that case they could be held criminally liable. We will look for them,” Bello said.

Authorities said some 252,000 Filipinos work in Kuwait, many as domestic helpers. They are among over two million Filipinos employed in the region, whose remittances are a lifeline to the nation’s economy.

About 10 million Filipinos work overseas and their treatment abroad is often a political issue at home.

Since the Philippine government stopped the deployment of workers to Kuwait five weeks ago, it has also repatriated Filipinos from Kuwait.

The Philippine Airlines, the country’s flag carrier, has so far brought home a total of 1,540 Filipinos from Kuwait for free.

Filreflex celebrates 13th anniversary

Posted on No comments
By Ellen Asis

The Filipino Reflexologist and Massage Therapists Association (Filreflex) celebrated its 13th year anniversary on Feb. 11 at the Bayanihan Centre in Kennedy Town with the induction of its new officers, led by Lilia Ranas, a University of the Philippines graduate and a registered nurse.

Administering the oath of office was Vice Consul Robert Quintin, who congratulated the new officers, and encouraged them to continue their mission of providing service, and of being good examples to their fellow Filipinos.

Also in attendance was Florence Belenario, one of the pioneers of the group who said she will continue helping the group provide the service they are best known for, which is massage.

One should not underestimate the healing power of massage, she said, as this helps relieve the bodily pain experienced by many Filipina domestic workers because of their long hours of work.

Belenario also encouraged the new members to keep improving their massage therapy skill as this could help them earn a decent living when they decide to go back home in the Philippines.

Filreflex is the first wellness massage group to be organized in Hong Kong. It was founded in 2005 by a group of Filipinos with a background in the medical field, and were passionate about providing service through massage.

Many of these founding members now own spa salons in the Philippines where they get to apply the skills that they have learned in Hong Kong.

Aside from Ranas, who was sworn in as president of the group, the other officers are Fredalyn Palgue, vice president; Ellen Almacin general secretary; Susan Basiga, assistant secretary: Soledad Generallo, treasurer; Maritess Malones, auditor; Erna Orilla and Maribel Portible, PROs, Alicia Naoha, sergeant-at-arms; Salveh Tapel, muse; and Florence Belenario, Susan Genova, Genevy Carillo, Lota Reyes, Ana Liza Ezmeralda, members of the board of directors; and Reina Castronuevo, adviser.

Filreflex is inviting everyone who wants to learn massage, with or without prior experience, to call Lilia Ranas at telephone number 6421 4994.

NGO blasts Court for rejecting challenge to live-in rule

Posted on No comments
By The SUN Staff

A non-government organization advocating for migrant workers’ rights has expressed disappointment over the High Court’s rejection of a bid by a Filipina domestic worker to challenge the legality of the mandatory live-in requirement.

The Mission for Migrant Workers said in a statement issued on Feb. 14 that the court’s decision upheld the “inhuman treatment” of foreign domestic workers in Hong Kong.

“With this decision, the High Court has turned its back against 3 out of every 5 FDWs who endure either alternative accommodation arrangements or their designated bedroom serves other multiple functions in the household.” said Johannie Tong, the Mission’s community relations officer.

“They have also forgotten the 1 in every 50 FDWs who sleeps in areas such as toilets, storage rooms, stock room or warehouse, backdoor, basement, balcony, roof, computer room, study room, music room, closet, dressing room, or in a room with just a divider for her sleeping space.”

In his decision, Court of First Instance Judge Anderson Chow said the Filipino applicant in the case failed to provide sufficient proof that the live-in policy is illegal and breaches the rights of foreign domestic helpers.

Judge Chow said that the Immigration policy to let the maids live with their employers is a matter that FDHs helpers could accept or not, even before they come to Hong Kong.

“If, prior to coming to Hong Kong, he/she considers the Live-In Requirement to amount to an unacceptable invasion of his/her personal or private rights, he/she can of course choose to remain in  his/her home country, or work in some other countries which do not have such requirement,” said Judge Chow in his judgment.

Then, after coming to Hong Kong, the FDW finds the policy unacceptable, he or she can still terminate the employment contract by giving a month’s notice, said the judge.

The applicant, domestic helper Nancy A. Lubiano, sought a judicial review of the rule in 2016, saying it was unconstitutional and breached the rights of helpers.

On Sept. 13 last year, she sought to amend her notice for a judicial review and serve a second affidavit in support of her application, but both these were rejected by Judge Chow in his decision.

But the judge allowed a request by Lubiano’s lawyers that her personal details be not disclosed to the public. 

The Filipina advanced four grounds to support her legal challenge: 1) the Immigration Director does not have legal authority to impose the live-in rule; 2) the requirement heightens the risk of a breach of fundamental rights and is, therefore, unconstitutional; 3) the policy is discriminatory against domestic helpers or migrant workers; and 4) the implementation of the policy without any general exception is irrational and unlawful.

Chow said that the live-in requirement is a matter of contract between the employer and FDH, and as between the employer/FDH and the Director, it is an “undertaking” given by the former as an eligibility criterion for the issuance of a FDH visa.

“The Applicant’s alternative argument is premised on the assumption that the Director cannot impose the Live-in Requirement as a condition of stay. I do not accept this contention,” said Chow.

He said the live-in requirement should be regarded as a “functional requirement” of the FDH’s employment. The migrant workers were allowed to come in to fill a vacuum left by local domestic workers who did not want to live with their employers.
He noted that the live-in requirement has always been part of the FDH importation scheme, but was only included as part of their employment contracts on April 1, 2003.
However, a general exception was made at that time for employers who obtained the Director of Immigration’s approval to let their FDHs live out prior to this date. These employers are still allowed this exemption, so long as they continue to employ helpers without a break of more than six months.

“Currently, there are approximately only 30 such employers being allowed to employ live-out FDHs,” said Judge Chow.

Regarding the issue of fundamental rights, the judge said the applicant failed to show that the policy has given rise to a significant or serious risk of violation of a fundamental right.

Paul Hsieh, SC, for the applicant, cited “servitude” and “forced or compulsory labor” as the potential violations, but Chow said these are not defined in the Hong Kong Bill of Rights.

On the ground that the policy is discriminatory, Chow said there is enough relevant difference between FDHs and imported workers admitted under the Supplementary Labor Scheme to justify the different treatment.

The judge said FDHs are admitted for the purpose of providing live-in domestic service, so they are expected to live with their employers, unlike other workers who are not admitted for such purpose.

“I do not consider the pursuit of societal interest in the importation of workers to provide live-in
domestic service in Hong Kong can be said to result in an unacceptably harsh burden on FDHs,” the judge said, rejecting Lubiano’s ground.

Chow also brushed aside the argument that the live-in requirement heightens the risk of ill-treatment of FDHs by their employers. “While the fact that the FDH is living in the employer’s residence would mean that there may be more opportunities for the employer to apply ill-treatment on FDH if the employer is minded to do so, I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the FDH is living in the employer’s residence,” he said.

Chow also dismissed the argument that the Director is being irrational or is wrong in not using his discretion in allowing for exceptions to the live-in requirement for FDHs.

Lubiano, who was on Legal Aid, to pay the costs of the application,was represented by Paul Hsieh SC and Earl Deng, on instructions by Daly, Ho and Associates.


Child-care training aims to turn out professional amahs

Posted on 08 March 2018 No comments
By Vir B. Lumicao

Some 300 domestic workers are targeted to become professional child carers in an upcoming free training program that will teach them the difference between child discipline and care, and possibly save them from jail.

Labor Attaché Jalilo dela Torre told The SUN that for the long term, the training would prepare the participants for the Hong Kong government’s plan to allow families to hire certified foreign caregivers.

But he said the seminar workshops, to be conducted by Next Chapters president Christina Themar, was not going to be held in cooperation with the Hong Kong government.

The child carers, like the helpers who are being trained for dementia patient care, would be able to earn TESDA certification that could qualify them for care-giving jobs, Dela Torre said.

He said the Technical Education and Skills Development Authority would assess the trainees after the program, which begins on Mar 11 and finishes in December.

The four-hour seminar-workshop will be held every second Sunday of the month at the new POLO site at Mass Mutual Building in Wanchai. The training will start with a maximum of 30 participants per session.

More than preparing domestic workers for the caregiver jobs, Dela Torre said the program was initiated because of the worrying rise in the number of domestic workers going to jail for allegedly ill-treating their young wards.

“Dumarami na kasi ang mga kababayan nating nakukulong dahil hindi maka-distinguish between child discipline and child care,” the official rued.

“Kasi nga, dahil sa cultural differences natin. Sa atin, puwede na ang palu-palo, kurot, ganyan. Dito, kapag nahuli ka sa CCTV, naku, sa kulungan ka,” he added.

Hong Kong laws consider ill treatment of children as child abuse. Several Filipinas have been jailed over the past few years for laying a hand on their wards.

Since January this year, at least three Filipinas have been charged in court with “ill-treatment or neglect of a child” and their cases are still pending resolution.

A memorandum of understanding for the professional development of child carers was signed on Feb 14 by Next Chapters president Christina Themar and welfare officer Judith Santos of the Overseas Workers Welfare Administration in Hong Kong.

Labatt Dela Torre said OWWA would pay for the services of Themar, the resource person,.

He said domestic workers with child-care duties must also know what their rights are, as they learn how to take care of children professionally. He said the training program would also professionalize the domestic workers who enroll in the seminar workshop.

A training program for helpers who are taking care of persons with dementia is already being offered by the Hong Kong Jockey Club. 

Other projects lined up for OFWs are a two-Sunday free seminar on how to cope with suicidal depression to be offered by The Good Samaritans, and a planned “Know Your Rights” seminar in collaboration with the University of Hong Kong.

The seminar “Coping with Suicidal Depression and Grief” was to be held on two Sundays, Feb 25 and Mar 4 at POLO.

NGO blasts Court for rejecting challenge to live-in rule

Posted on No comments
By The SUN Staff

A non-government organization advocating for migrant workers’ rights has expressed disappointment over the High Court’s rejection of a bid by a Filipina domestic worker to challenge the legality of the mandatory live-in requirement.


The Mission for Migrant Workers said in a statement issued on Feb. 14 that the court’s decision upheld the “inhuman treatment” of foreign domestic workers in Hong Kong.

“With this decision, the High Court has turned its back against 3 out of every 5 FDWs who endure either alternative accommodation arrangements or their designated bedroom serves other multiple functions in the household.” said Johannie Tong, the Mission’s community relations officer.

“They have also forgotten the 1 in every 50 FDWs who sleeps in areas such as toilets, storage rooms, stock room or warehouse, backdoor, basement, balcony, roof, computer room, study room, music room, closet, dressing room, or in a room with just a divider for her sleeping space.”

In his decision, Court of First Instance Judge Anderson Chow said the Filipino applicant in the case failed to provide sufficient proof that the live-in policy is illegal and breaches the rights of foreign domestic helpers.

Judge Chow said that the Immigration policy to let the maids live with their employers is a matter that FDHs helpers could accept or not, even before they come to Hong Kong.

“If, prior to coming to Hong Kong, he/she considers the Live-In Requirement to amount to an unacceptable invasion of his/her personal or private rights, he/she can of course choose to remain in  his/her home country, or work in some other countries which do not have such requirement,” said Judge Chow in his judgment.

Then, after coming to Hong Kong, the FDW finds the policy unacceptable, he or she can still terminate the employment contract by giving a month’s notice, said the judge.

The applicant, domestic helper Nancy A. Lubiano, sought a judicial review of the rule in 2016, saying it was unconstitutional and breached the rights of helpers.

On Sept. 13 last year, she sought to amend her notice for a judicial review and serve a second affidavit in support of her application, but both these were rejected by Judge Chow in his decision.

But the judge allowed a request by Lubiano’s lawyers that her personal details be not disclosed to the public. 

The Filipina advanced four grounds to support her legal challenge: 1) the Immigration Director does not have legal authority to impose the live-in rule; 2) the requirement heightens the risk of a breach of fundamental rights and is, therefore, unconstitutional; 3) the policy is discriminatory against domestic helpers or migrant workers; and 4) the implementation of the policy without any general exception is irrational and unlawful.

Chow said that the live-in requirement is a matter of contract between the employer and FDH, and as between the employer/FDH and the Director, it is an “undertaking” given by the former as an eligibility criterion for the issuance of a FDH visa.

“The Applicant’s alternative argument is premised on the assumption that the Director cannot impose the Live-in Requirement as a condition of stay. I do not accept this contention,” said Chow.

He said the live-in requirement should be regarded as a “functional requirement” of the FDH’s employment. The migrant workers were allowed to come in to fill a vacuum left by local domestic workers who did not want to live with their employers.

He noted that the live-in requirement has always been part of the FDH importation scheme, but was only included as part of their employment contracts on April 1, 2003.

However, a general exception was made at that time for employers who obtained the Director of Immigration’s approval to let their FDHs live out prior to this date. These employers are still allowed this exemption, so long as they continue to employ helpers without a break of more than six months.

“Currently, there are approximately only 30 such employers being allowed to employ live-out FDHs,” said Judge Chow.

Regarding the issue of fundamental rights, the judge said the applicant failed to show that the policy has given rise to a significant or serious risk of violation of a fundamental right.

Paul Hsieh, SC, for the applicant, cited “servitude” and “forced or compulsory labor” as the potential violations, but Chow said these are not defined in the Hong Kong Bill of Rights.

On the ground that the policy is discriminatory, Chow said there is enough relevant difference between FDHs and imported workers admitted under the Supplementary Labor Scheme to justify the different treatment.

The judge said FDHs are admitted for the purpose of providing live-in domestic service, so they are expected to live with their employers, unlike other workers who are not admitted for such purpose.

“I do not consider the pursuit of societal interest in the importation of workers to provide live-in domestic service in Hong Kong can be said to result in an unacceptably harsh burden on FDHs,” the judge said, rejecting Lubiano’s ground.

Chow also brushed aside the argument that the live-in requirement heightens the risk of ill-treatment of FDHs by their employers. “While the fact that the FDH is living in the employer’s residence would mean that there may be more opportunities for the employer to apply ill-treatment on FDH if the employer is minded to do so, I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the FDH is living in the employer’s residence,” he said.

Chow also dismissed the argument that the Director is being irrational or is wrong in not using his discretion in allowing for exceptions to the live-in requirement for FDHs.

Lubiano, who was on Legal Aid, to pay the costs of the application,was represented by Paul Hsieh SC and Earl Deng, on instructions by Daly, Ho and Associates.


laging upo ang ulam niya

Posted on No comments
Si Emilyn ay isang dalagang Ilongga, 32 taong gulang. Sabi niya para makatikim ng kaunting kaginhawahan ang kanyang.mga magulang at mga kapatid ay nakipagsapalaran siyang magpunta ng Hong Kong at nagbayad ng Php40k bilang processing fee.

Ngayong Abril ay matatapos na ang kanyang kontrata sa mga among Intsik na may anak na pitong taon at limang taong gulang at nakatira sa Kowloon, at nag-iisip siya ng mabuti kung pipirma pa siyang muli ng kontrata sa kanila.

Hindi mayaman ang kanyang mga amo, pero hindi naman din mahirap. Gayunpaman, sa halos dalawang taon niya sa kanila ay halos panay tsikwa o upo ang pinapapaulam sa kanya araw araw. Minsan ay walang sahog kundi puro tsikwa lang ang kanyang ulam kaya walang kalasa-lasa.

Sa isip niya kahit sana chicken powder man lang ang isangkap nila. Hindi naman siya mapili at ayaw magreklamo, pero sana man lang daw ay may lasa ang ipinapakain sa kanya.

Ang payo ng kanyang mga kaibigan, kung maayos naman ang pakikitungo ng mga amo sa kanya ay magtiis na lang siya at bumili ng ekstrang pagkain para hindi ganahan siyang kumain. Sa isip naman ni Emily, kung may makita siyang amo na mukhang hindi kuripot sa pagkain ay lilipat na lang siya at baka maapektuhan pa ang kalusugan niya dahil sa kulang siya sa sustansya. – Merly T. Bunda

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