Repeat offender jailed for 23 months for illegal work

 

The Shatin court took note of the accused's prior convictions in sentencing

A Pakistani recognizance form holder was ordered jailed for 23 months by a Shatin magistrate on Aug 20 after he was arrested in the act of setting up a stall in Mong Kok.

As the 52-year-old defendant was found to have similar convictions in the past, he was meted the stiff penalty despite pleading guilty to illegal work.

He was arrested during a joint operation between the Immigration Department and the Hong Kong police on July 16.

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A check of his identity documents showed he was a recognizance form holder, which prohibits him from taking employment or setting up a business.

He was subsequently charged with “taking employment while being a person in respect of whom a removal order or deportation order was in force.”

Under section 38AA of the Immigration Ordinance, an illegal immigrant, a person subject to removal or deportation order, an overstayer or a person refused permission to land, is prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders can be fined up to $50,000 and jailed for up to three years.

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Employers of illegal workers are equally liable, and could be meted the maximum penalty of 10 years in jail and fine of up to $500,000. An immediate custodial sentence is prescribed in the sentencing guidelines set by the High Court.

The director, manager, secretary or other officers of a company found to have employed an illegal worker may also bear criminal liability.

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22 Vietnamese illegal immigrants sent back home

 

The repatriated IIs included 13 women

The Immigration Department repatriated a total of 22 Vietnamese illegal immigrants on Wednesday, Aug. 21.

They comprised nine men and 13 women, all of whom filed for non-refoulement but were unable to substantiate their claims.

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Among them were discharged prisoners.

Immigration said in a statement following the operation that it remains committed to promptly removing unsubstantiated non-refoulement claimants from Hong Kong to maintain effective immigration control and safeguard public interest.

The male repatriates are herded to the plane that took them home

Under the updated removal policy which took effect on December 7, 2022, Immigration may as a matter of practice proceed with the removal of a claimant whose application for a judicial review has been dismissed by the High Court.

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The same policy applies to the removal of overstayers from Hong Kong as soon as practicable.

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Filipina avoids arrest for being absent in trial

 

Aerial photo of Discovery Bay (https://www.visitdiscoverybay.com/)

A Filipina accused of dropping a safe from a 16th floor flat in Discovery Bay, barely avoided being arrested for failure to show up at the hearing of her case at Eastern Court on Wednesday (Aug. 21) when she surrendered later in the day.

Deputy Magistrate Cindy Li cancelled the warrant of arrest she earlier issued against A.G. Chavanne, 39 years old, but forfeited her $1,000 cash bail.

Magistrate Li set her free on a new and higher cash bail of $5,000, with the admonition that she show up on Sept. 6 for the handing down of verdict.

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Chavanne was put on trial on a charge of dropping a safe from a window of a 16th floor flat in Cherish Court in Discovery Bay last Jan. 25 “to the danger or injury of any person outside the building”, which is a public place, an act prohibited under Section 4B (1) the Summary Offences Ordinance.

The law provides that if “anything is dropped or allowed to fall from any building to the danger or injury of any person in or near a public place, the person who drops that thing or allows it to fall commits an offence and is liable to a fine at level 3 ($10,000) and imprisonment for 6 months.”

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The charge took the place of a withdrawn criminal intimidation case, in which Chavanne was accused of threatening to harm Cassius Crowther in the same Discovery Bay flat 19 days earlier, on Jan. 6.

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DMW reminds Filipinos of no-placement fee policy in Canada

 

The advisory was the first to be issued by Cacdac since his confirmation as DMW chief

The Department of Migrant Workers has issued a reminder that job applicants for Canada are not supposed to pay any placement fee to their broker or agency.

The reminder was made in yesterday's advisory from MDW Secretary Hans Cacdac, which also informed the public that with effect from June 1, the daily minimum wage rate for workers in Canada has risen to CA$17.40 per hour from the previous CA$16.75..

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Cacdac reminded would-be job applicants to Canada to apply only with licensed recruitment agencies, which can be found through this link: https://dmw.gov.ph/licensed-recruitment-agencies.

They can also check the approved job orders per country here: https://dmw.gov.ph/approved-job-orders.

Alternatively they can send a private message to the Facebook page, “DMW Anti-Illegal Recruitment and Trafficking in Persons Program” if they are charged fees in exchange for offered jobs in Canada.

Previously, Cacdac also warned would-be OFWs to be wary of visa consultancy firms that offer help in securing student visas to Canada, which they are assured, would allow them to work at the same time. These companies are not licensed to recruit OFWs, and often disappear as soon as they receive the hefty processing fee paid by the worker.

 said.

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CA confirms appointment of DMW Secretary Hans Cacdac

 

Screen grab from the DMW's Facebook page

It's official. Hans Leo J. Cacdac is now the secretary of the Department of  Migrant Workers.

The powerful Commission on Appointments chaired by Senate President Francis “Chiz” Escudero gave its unanimous nod to Cacdac's appointment during its plenary session on Tuesday, Aug. 20.

It took the CA nearly four months to confirm the appointment of Cacdac by President Ferdinand Marcos, Jr. as secretary on April 25, after serving as the DMW's officer-in-charge for seven months. 

He replaced DMW's founding head, Susan Ople, who died of cancer on August 22, 2023.

After the CA bypassed his nomination on May 21, President Marcos reappointed him as secretary four days later. Malacanang said this demonstrated the president's trust and confidence in Cacdac.

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At the initial deliberation, SAGIP Party-list Rep. Rodante Marcoleta as well as two oppositors had questioned Cacdac’s alleged failure to respond to the problems faced by distressed OFWs, particularly those facing charges in the Middle East.

But several senators, notably Risa Hontiveros and Ronald dela Rosa, gave Cacdac their full support, citing his decades of experience as a labor official and advocate of OFWs, who always got things done.

The mood changed at the resumption of the hearing, when there were only praises for Cacdac, paving the way for his confirmation as the new DMW secretary.

Cacdac, a lawyer who graduated from Ateneo University and holds a master’s degree from Samford University in Alabama, rose from the ranks at the then Department of Labor and Employment, which used to look after the concerns of OFWs.

Prior to working at DOLE in 2001, Cacdac worked as an associate lawyer and as the urban poor unit coordinator of the Sentro ng Alternatibong Lingap Panligal (Saligan).

At DOLE, he served as director of the Bureau of Labor Relations and administrator of the National Conciliation and Mediation Board, the Philippine Overseas Employment Administration and the Overseas Workers Welfare Administration, before being appointed as undersecretary at the newly formed DMW in 2022.

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Seniors must use JoyYou card from Sunday to enjoy $2 fare

 

The $2 discounted fare will only be enjoyed by those using the JoyYou card from Sunday

Starting on Sunday, all senior citizens aged 60 years old and above will have to use a JoyYou card to benefit from the government’s $2 concessionary fare scheme.

This means those who are within this age bracket and are currently enjoying the discounted fare through their personalized Octopus cards or the anonymous elder cards will no longer be able to avail of the discount.

On top of this, they will have to wait for another four weeks to get the discount as the MTR Corporation which issues the JoyYou cards, says it takes this long to process a new application. 

Elderly passengers aged 65 and above will get a 50% discount on the fare if they use their personalized Octopus cards, but those who are between 60 and 64 will have to pay the regular fare.

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A spokesman for the  MTR said that first-time JoyYou Card users are required to deposit at least $50 to activate the $2 concession fare.

Records show that there are currently about 80,000 eligible seniors who have not applied for the JoyYou card and will thus be unable to enjoy this discounted fare.

As of mid-August, the Transport Department says approximately 1.33 million JoyYou card applications have been made by seniors aged 65 and older, representing 94 percent of that population group.

Among those who have yet to apply, the majority are over 80 years old, with about half residing in care homes.

Applications for the JoyYou card can be submitted via the Octopus app or by mailing in the application form. Forms are also available at most MTR and Light Rail customer service centers. 

To assist JoyYou card applicants, the government has established eight temporary service centers throughout the city until August 31. Each applicant will receive only one JoyYou card linked to their HKID.

The government developed the JoyYou Card scheme in 2022 to give public transport fare concessions to residents aged 60 or above, as well as people with disabilities. 

Previously, only senior residents aged 65 and above could enjoy the concession fare, using either a personalized Octopus or the anonymous elderly card.

Meanwhile, people with disabilities who are aged below 60 need not apply for a new card as they can continue to enjoy the $2 concessionary fare using their personalized Octopus cards.

said.

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DH gets 8 months in 2nd money laundering conviction

It's the Filipina's second conviction for the same crime

A Filipina domestic helper was jailed for eight months today in her second conviction for money laundering since May.

Maribel Guitang, 47, had earlier pleaded guilty at Tuen Mun Court, and Acting Principal Magistrate Daniel Tang sentenced her for violating Sections 25(1) and 25(3) of  the Organized and Serious Crime Ordinance when the hearing resumed today.

She admitted dealing with proceeds of crime by allowing the use of her Hang Seng Bank account as depository of $731,800 between Feb. 19 and April 19, 2021.

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Last May 2, Guitang was jailed for four months after she pleaded guilty in West Kowloon Court to similar charges, this time involving her account in Bank of China, which received deposits totaling $192,000 between April 21 and June 15, 2021.

The Police complaint against her said that Guitang, along with someone named Lorie, dealt with the money that “represented any person’s proceeds of an indictable offense….”

Guitang’s was the third money laundering case involving Filipinas heard in Hong Kong courts in the last two weeks.

Last Aug. 12, Jereza Baylon, aged 42, was returned to jail custody after she appeared at Tuen Mun Court.

She was accused of dealing with proceeds of crime by allowing the use of her Hang Seng Bank account in the deposit and withdrawal of $1,352,305 between July 31 and Aug. 29, 2023.

Her case was adjourned to April 11 next year.

On Aug. 14, Vinecar Vineles, 39, was allowed to post a $10,000 bail for her temporary release after her case was adjourned to Sept. 28.

She was charged because of the $97,000 that flowed in and out of her HSBC account between Oct. 29, 2022 and April 3, 2023, “knowing or having reasonable grounds to believe that property… represented the proceeds of an indictable offense,” the police complaint said.

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Ex-HK Congen Raly Tejada passes away at 53

 

Filipinos in Hong Kong are mourning the sudden passing of former Consul General Raly Tejada in Manila this afternoon.

His colleagues at the Department of Foreign Affairs relayed the information of his demise through a text message which said that he was “found unconscious in his flat and was rushed to San Juan de Dios but doctors were unable to revive him. “

“Please pray for the eternal repose of his soul.”

One of the first things he did on arrival in HK was to meet OFW protesters outside the PCG

His death came as a shock to many as he was known to be a fitness buff, often playing basketball with staff at the Consulate while posted here.

A friend and colleague who met with him last week for lunch said he looked healthy and happy. “Tawa nang tawa (he kept laughing),” was how his fellow diplomat described him.

Tejada, who was serving as assistant secretary in charge of the legal division at the DFA at the time of his death, was 53.

He is survived by his Hong Kong-born wife, Vivian, whom he met when he was first posted here as a vice-consul in the early 2000s.

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It was perhaps fitting that he ended his last six-year overseas tour of duty also in Hong Kong, in December 2023, after serving here for just over four years. For the first two years of that overseas posting, 2017 to 2019, he served as the Philippine consul general in Malaysia.

The then CG Raly personally oversaw the highly successful overseas voting in 2022

As consul general in Hong Kong, Tejada distinguished himself for leading the community through two of the most difficult times in the city – the anti-government protests in late 2019, and the Covid-19 pandemic for the next three years thereafter.

He had taken particular pride in keeping the Consulate open even through the worst periods of uncertainty during that time, during which he personally provided the community with relevant and timely updates on the protests and the pandemic.

But he did more than this, joining a number of people who immediately raised concerns with the Hong Kong government when foreign domestic workers were subjected to mandatory testing for Covid-19. He also pushed for measures to help migrant workers who were thrown out of their employers’ houses when the pandemic took a turn for the worst.

Tejada also distinguished himself by delivering a massive turnout rate of 64.18% in the overseas voting for the Philippine national elections in 2022, despite the severe restrictions being enforced due to the 5^th and worst Covid outbreak in Hong Kong.

One of his last public appearances was the Christmas and annual general assembly of the University of the Philippines Alumni Association Hong Kong chapter, a group he often obliged with his presence, even at the height of the pandemic.

He said then that he always looked up to UP for inspiration and guidance.

Sharing holiday cheer with his fellow UP alumni at the end of his HK term

Tejada went to UP for his undergraduate course and also part of his law studies, before eventually moving to San Sebastian College where he obtained his Juris Doctor degree in 1998. He obtained a degree in master of public management at the Hong Kong University of Science and Technology just before his recall to the head office.

For more stories on ASec Raly’s time in Hong Kong as consul general from 2019-2023, please click the link and scroll down: 

https://www.sunwebhk.com/search?q=CG+UPAA&m=1

(The Consulate will open a condolence book for ASec Raly this Wednesday and Thursday. Please inquire at the lobby for the venue. Staff will also say the rosary for him on the same days).

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Driver-less mini buses to ply Yuen Long route

 

One of the light buses being tested

People are expected to flock to Fairview Park in Yuen Long on Aug. 31 to be among the first to ride the driver-less electric mini bus which will undergo seven months of tests.

The units of the autonomous light bus promise a smooth experiene along the 2.5km loop road in the housing estate.

The light buses use an autonomous driving system developed by Hong Kong’s Automotive Platforms & Application Systems R&D Centre, featuring an artificial intelligence (AI) system that replaces human drivers, a government announcement said.

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 “We slow down the bus for the speed bumps in a very smooth manner so that the people who ride on it will feel very comfortable. And apart from that, when the vehicle is parked or moved into the bus stop, we ensure that it is parked as close as possible to the bus stop. For a normal driver, it is easy, but for the autonomous vehicle, we need to do a lot of adjustments to do it that way,” said Lawrence Cheung, chief executive officer of the center.

The light buses each have 15 radars and recognition cameras installed to gather real-time data about their surroundings.

These sensors are mated by the AI system to self-built high-definition electronic maps and image processing technology to analyze road conditions and achieve precise positioning.

Additionally, 5G technology is used to monitor the vehicle’s condition in real time through smart lampposts.

The center has been developing and testing the system for two years, including road tests on the Mainland for initial vehicle safety and reliability, which led to the trial run in Fairview Park.

“In Fairview Park, I think the road itself is very suitable for doing autonomous vehicle (AV) testing, because the road is quite wide and it has a lot of speed bumps. So the average speed of cars on the road is quite slow,” the center’s, explained.

To ensure driving safety, the Transport Department reviewed various information submitted by the center, including relevant test reports of the same types of vehicles on the Mainland, before the trial run. Additionally, the two autonomous light buses had to undergo inspection.

“During the trial, we limit the testing speed and testing routes as well as verify the qualifications of the backup operator. Such things are under the Transport Department’s supervision,” Transport Department Chief Electrical & Mechanical Engineer (Bus Safety) Janet Lam said.

Along with the Fairview Park project, there are currently eight autonomous vehicles undergoing trials across the city. All of them have reached Level 4 of the six autonomous driving levels when it comes to international standards, which is on par with that of the Mainland and also the rest of the world.

To provide more flexibility for the industry to conduct trials and utilise autonomous vehicle technology, Ms Lam added that the Government implemented new legislation in March.

“Under the new regulation, the autonomous vehicles can be registered and licensed under the licensing system and regulated by the current legislation. They can also have more comprehensive uses, such as the carriage of passengers for hire and reward.”

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Filipina DH collapses and dies in Happy Valley

The FDH collapsed and died inside a flat at the government quarters in Happy Valley

A 63-year-old Filipina domestic helper was reported to have died yesterday afternoon at the Government Civil Servants quarters in Happy Valley.

Police said they received a report at 1:33pm that a woman had fallen unconscious in one of the flats in the government quarters located at no 111 Mount Butler Road, Jardine’s Lookout.

Rescue workers who responded declared the woman dead at the scene.

Her cause of death is pending the results of an autopsy.

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In the meantime the case has been classified as “dead body found.”

Staff at the Migrant Workers Office say the Filipina’s employer has been in touch with them and is helping work on the repatriation of her remains.

She had reportedly worked for the same employer for more than 20 years and had no known ailment.

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Trade unions call for halt of labor import scheme

Local construction workers are in short supply even if the industry is in a slump

Industries that have been clamouring for permission to import staff from overseas are struggling, according to a survey by the Hong Kong Federation of  Trade Unions.

In the study published yesterday, Sunday, businesses that have seen the highest influx of foreign workers like in retail, construction and food sectors, are shown to have the highest unemployment rates, and are fighting to keep afloat.

Nearly 30% of the respondents reported a drop in income, while almost 50% expressed uncertainty about future job prospects.

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Understandably, 60% of them disapprove of the foreign labour import scheme, with 84% believing it reduces job opportunities for local workers and 72% saying it brings down wages.

The construction sector, where salaries have jumped considerably because of staff shortages, has ironically been hit by a massive slowdown.

According to Chau Sze-kit, chairman of the Hong Kong Construction Industry Employees General Union, the number of private construction projects, which account for nearly half of the industry’s revenue, has plummeted by almost 90% since last year. 

Thus, while construction workers from the mainland had been allowed to enter the industry, many architects and workers have reportedly been placed on unpaid leave.

The food and beverage sector has also suffered a slump because of the recent trend of Hong Kong people going across the border to shop and dine because of considerably lower prices.

According to Yu Kim-hung, vice chairman of the Eating Establishment Employees General Union, the long hours, heavy workload and physically demanding nature of the industry, has discouraged new entrants, while prompting young chefs to seek opportunities abroad.

The unions have urged the government to halt the importation of foreign workers and introduce measures to attract more local people to the struggling industries by reviewing working hours, wages and job security.

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OFWs in war-town Lebanon start going home

 

The evacuees from Lebanon are welcomed at Manila airport by DMW staff

The first overseas Filipino workers and their families to leave Lebanon arrived in Manila Saturday night.

The evacuees comprised 15 OFWs and children, who decided to flee Lebanon amid intensified fighting between Israeli forces and Iran-backed Hezbollah militia.

The Department of Migrant Workers (DMW) reported that the OFWs were immediately given assistance, including funds for reintegration, after they requested for repatriation.

Their return was coordinated with the Department of Foreign Affairs and the Overseas Workers Welfare Administration or OWWA.

A day earlier, the DMW appealed to all Filipinos in Lebanon to leave immediately to avoid getting caught in the crossfire.

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“The Philippine Embassy in Lebanon strongly urges all Filipino citizens to leave Lebanon immediately while the airport remains operational. We advise all Filipino nationals to prioritize their safety and depart the country as soon as possible,” said a statement posted by the DMW on its Facebook page on Friday.

“If you are unable to leave Lebanon, we strongly recommend that you evacuate to safer areas outside of Beirut, South Lebanon, and the Bekaa Valley.”

OWWA in turn appealed to Filipinos to convince OFWs in Lebanon to return home, stressing that the safety of the Filipino workers is the utmost priority.

However, migration experts say it might be difficult for some Filipinos to leave Lebanon as they are undocumented. Those who have proper documents, on the other hand, hesitate about going home for fear of losing their jobs.

Those who need help with repatriation are encouraged to fill out a form through the link below:

https://tinyurl.com/2024Repatriation

They may also contact the following numbers:

For all OFWs (documented or undocumented): +961 79110729

For OFs (dependents with Permanent Resident status, i.e., wife iqama): +961 70858086

The safety and security of every Filipino citizen is our top priority. We urge you to act swiftly and follow the above instructions to ensure your safety.

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3 mainland tourists arrested for moonlighting as photographers

 

One of two women photographers from the mainland is shown being arrested

If you come in as tourists in Hong Kong, you should not take up any work, paid or unpaid, or you could be arrested for breaching your condition of stay.

This was what three mainland tourists learned the hard way, after they were arrested by immigration agents over two consecutive days for allegedly moonlighting as photographers upon entering Hong Kong. 

According to a statement issued by the Immigration Department on Friday, the three, comprising a man and two women aged between 25 and 30, were among several mainlanders who had been advertising cheap wedding and street photography services in Hong Kong.

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They would enter as tourists and charge fees ranging from $1,000 to $1,500.

Immigration agents pretended to be customers and arrested the three suspects while they were taking photos of their clients. Seized from the suspects were smartphones and photographic equipment.

The department said it cannot rule out further arrests, and reiterated the warning that taking up illegal work, or hiring people not lawfully employable, are serious offences.

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In this particular case, anyone who hires the services of the suspected illegal workers could also be held liable.

Immigration said it would strengthen enforcement actions against illegal employment and “seek various means to publicise the serious consequences of employing illegal workers in order to raise public awareness of the issue.”

It warned that any person who is “found organising, arranging or instigating others to commit serious crimes such as employing illegal workers," will be arrested.

The maximum penalty for illegal work is two years imprisonment and a fine of $50,000. Those who employ them could be jailed for up to ten years and fined a maximum of $500,000. 

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