Keep Labatt Jolly in HK

A speech delivered at a farewell tribute to Labor Attache Jalilo dela Torre on Mar 25 at Linklaters office in Central was excerpted from this.

It’s a privilege to join you all in paying tribute to our good friend, Labor Attache Jalilo dela Torre

My husband, Leo (Deocadiz, our publisher) and I, are among a few who have known Jolly since he was first posted here as deputy to the late Labor Attache Dante Ardivilla, in 1998. Through that association we managed to rope him in to write a column for our newspaper, The SUN. His column, Action Line, became a lifeline for many of our migrant workers looking for solutions to labor-related problems. We took that association further when we co-organized rights seminars for our migrant workers in several parts of Hong Kong, along with law professors from City University of Hong Kong. Shortly before he was posted elsewhere, Leo published Jolly’s Survive Hong Kong, a few copies of which have survived the passage of years, save for a few that we saved for ourselves.

But that friendship endured, through several more postings for Jolly – in Riyadh, Tel Aviv, and Canberra. I remember reaching out to Jolly when we heard of a scam to lure some of our workers to Australia on student visas using fake documents, and he responded, as expected, by providing all the information we needed to put a stop to that fraud.

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It’s the same kind of working relationship we have had with him since he was re-posted here three years ago as head of the Philippine Overseas Labor Office. We relay cases to him of our workers getting into some kind of a trouble, and Jolly, without fail, responds even far more than expected. I remember our associate editor, Vir Lumicao, tipping him off about two of our workers being photographed clinging precariously to a ledge while cleaning windows, and Jolly himself, along with his deputy Henry Tianero, rushed to Shatin to rescue the workers. No wonder that when Rinnalyn Duolog fell to her death while cleaning windows in a Tseung Kwan-o high rise, Jolly unilaterally clamped down on this dangerous practice that put many of our workers’ lives at risk, forcing Hong Kong authorities to follow suit. If there is one thing in fact that should be considered as Jolly’s legacy to us here, it should be the addition of dangerous window cleaning among the prohibited acts in the standard employment contract for our FDHs.

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There have been many other cases we’ve worked on that I daresay helped save our workers from harm, or abusive situations. There was the case of Ester Ylagan who lured about 500 Filipinos to apply for non-existent jobs in Canada and the UK in exchange for between $10,000 and $15k each. We brought about 100 of them in one go to Jolly, along with a case summary, and he lost no time drafting affidavits which we asked each one of the workers to sign so they could be authenticated and passed on to the police and the HK Labour Department within the same day.  That was how we managed to speed up filing complaints with relevant authorities on this case. Sadly, though, after more than two years, Ester is still out on police bail and we still do not have an idea when or if, the case will be brought to court.

There was also the case of a couple who were stopped from recruiting more of our workers for illegal work in Russia. When Jolly heard from Vir about the couple’s impending arrival in Hong Kong, he immediately posted a warning on Facebook against the recruiters that they immediately hot-footed back to Moscow without managing to lure any more Filipina into their trap. In the process, he got a lot of threatening messages, with someone even setting up a fake account in his name, along with some family photos, in an obvious attempt to intimidate him. Jolly just kept exposing them.

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Then there was Lanie Grace, whose shocking notebook of penalties showed the extent of abuse she suffered at the hands of her employer and her live-in partner for 1 ½ years. Jolly gave the go-signal for her and another fellow Filipina in the house to be rescued, then provided them shelter and help in pursuing their labor claim. Lanie is now being helped in her cases by prominent human rights lawyer Patsy Ho as well as the Mission for Migrant Workers, and again, we are looking forward to having a happy ending to this story.

There have been many other such stories, like the time he called up the organizer of a sleazy beauty contest to explain why she allowed her fellow Filipina domestic workers to be exploited in that way, and she responded by going to his office and offering an apology. Somehow, though, an expat solicitor professing concern for the girls got wind of her plan, and came barging into Jolly’s office with threats and all, so we ended up calling the police to throw him out. Our Mr Cool hardly flinched.

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But Jolly has gone out of his way to extend help to our workers, not just during their direst moments, but also to encourage others in happier situations, to pursue higher learning or acquire new skills so they can better prepare for their eventual return home. He has opened the labor office to all sorts of livelihood and financial literacy training, and even to more creative pursuits, like script and news writing, and writing to relieve stress.

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Jolly never stops reaching out or bending over backwards to lend our workers a helping hand. And as many of us know, they have reciprocated in turn, to the extent that they held two emotion-laden protests to stop Jolly being recalled to the Home Office last year, on baseless grounds. Hearing of the news to get Jolly pulled out from Hong Kong again, many people in our community, migrants, residents, business and religious people alike, are again banding together to ask that Jolly be retained in Hong Kong, even for just a little bit more time. As one migrant leader said, much still needs to be done, and Jolly’s presence is pivotal in getting those things done.

So let’s not say farewell to him just yet, for the gods in Manila might still be convinced to let their most popular labor envoy to stay put.

Let’s all join the call to get Jolly retained in Hong Kong.

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Ylagan faces 23 overcharging charges in alleged UK, Canada job scam

Ylagan

By Vir B. Lumicao

Ester P. Ylagan, formerly the leading recruiter of Filipino domestic workers for Hong Kong, appeared in Eastern Court on Jan. 11 to face 23 charges of overcharging brought against her by the Labour Department.

Ylagan, who showed up in a casual attire of jeans and jacket, was represented by private lawyer Andrew Raffell of Pacific Chambers.

But despite the lapse of more than two years since the case was filed, the hearing was again reset to Apr 12 after prosecutors from the Employment Agencies Administration said they needed to consult with the police on a related fraud case.

The prosecution’s application to further delay the case prompted a rebuke from magistrate Yu Chun-pong.

Yu asked why the EAA had to wait for the police probe. The prosecutor replied that  police were also planning to file a money laundering case against Ylagan for taking the workers’ money and moving it to other jurisdictions.

The prosecutor initially asked for a three-month adjournment, then changed it to six months, saying this was to ensure the police investigation would be completed by then.

But Yu was not pleased. He told the prosecutor to ascertain from the police whether they could finish their work in three months.

“You make them understand that this case has been going on for three years,” the magistrate said. He told the prosecutor that EAA must take the case seriously.

Yu ordered the prosecutor to ask the police when they would complete their fraud investigation and to tell them he won’t allow a further adjournment after this.

The prosecutor came back with an assurance from the police that the case would be completed in six months, “the minimum period”.

Despite this, the magistrate set the next hearing for Apr 12, with an order that no more adjournment shall be allowed.

He also told the EAA to start preparing for trial in case the defendant pleads not guilty.

Ylagan’s counsel also protested the further delay, saying his client is accused of a “simple commission case” and need not wait for the police to wrap up its investigation of an alleged fraud case against her.

Raffell also said the agency commission of 10% of the first monthly salary applied only to helpers deployed in Hong Kong but not to recruits for jobs in Britain and Canada.

Further, he said his client was also a victim of fraud and that the delay had “prolonged her suffering.”

The 23 cases filed against Ylagan are just a small fraction of the sworn complaints made by hundreds of Filipino workers against her, who claimed they had been charged by the recruiter between $10,000 and $15,000 for non-existent jobs in Britain and Canada.

The complainants told police Ylagan, co-owner of the former Emry’s Service Staff Employment Agency, used her Mike’s Secretarial Services to entice more than 200 workers to apply for the fake jobs.

Police arrested Ylagan late last year on suspicion of fraud and money laundering. She is out on police bail.

EAA initiated its own investigation after seizing documents from the former offices of Emry’s and Mike’s in Worldwide Plaza in Central.

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Police probe of money laundering case vs Ylagan, Lai almost done, says Labatt

By The SUN

Hong Kong police are close to wrapping up their investigation into the money laundering case filed against former employment agency owner Ester P. Ylagan and suspended barrister Ody Lai Puy-yim relating to a massive job scam two years ago.

Labor Attaché Jalilo dela Torre disclosed this in an interview with The SUN on Nov 28.

 Ester P. Ylagan and suspended barrister Ody Lai Puy-yim during happier times.

“Malapit na nilang matapos yung money laundering investigation. Kailangan lang nila ang proof na na-receive yung remittances by all those fictitious-sounding people sa iba’t ibang countries,” Labatt Dela Torre said.

He said he was updated on the progress of the investigation during a meeting with the head of the Regional Crime Unit of Hong Kong Island on Nov 23. The meeting was also attended by Consul Paulo Saret, head of the Consulate’s assistance to nationals section.



After the investigation, the police are expected to forward the case to the Justice Department which will determine whether the case should be filed in court.

Ylagan, owner of the now defunct Mike’s Secretarial Services, was arrested on June 7 in Western District for “conspiracy to defraud” and “dealing with property known or believed to represent proceeds of an indictable offence (also known as money laundering).”



Lai, her one-time friend and alleged adviser, was arrested on Aug 30 at the Hong Kong International Airport on her arrival from the Philippines. She is also being investigated for the same allegations.

Ylagan and Lai have been released on police bail but were required by investigators to report back on a regular basis.



The cases stemmed from complaints filed by 210 Filipinos, mostly migrant workers, alleging they had been deceived by Ylagan into paying between $10,000 and $15,000 for fake jobs in Britain and Canada.

The total number of Filipino job applicants allegedly lured into applying for the non-existent jobs were estimated to have been more, with the total amount involved reaching as much as $5million. The victims came from Hong Kong, Macau and the Philippines.



Lawyers for the complainants subsequently reported uncovering documents showing Ylagan and several other people close to her had sent a total of around $10 million to several countries as far apart as Malaysia and Burkina Faso.

The documents were turned over to the police, along with the names of the others involved in the apparent money laundering scam.



With help from the Mission for Migrant Workers, the complainants succeeded in getting legal aid to pursue their claims.

Ylagan slipped out of Hong Kong in mid-July 2016 in an apparent bid to head off a possible arrest. Before she fled, she filed a complaint with the Central Police station against a London-based business partner who reportedly duped her of $4.19 million.



She said the partner, a certain “William Clinton James,” had made her send the money to unknown people in Burkina Faso on the promise that he had jobs waiting for her recruits. In return, she was promised a British passport, 15 plane tickets to London, and a chance to explore business opportunities in the United Kingdom.

Emry’s probers seek more video evidence

By The SUN

Ester Ylagan in better times.

Police investigating the alleged job scam of hundreds of Filipinos by recruiter Ester Ylagan and her companies Emry’s Staff Services Agency and Mike’s Secretarial Services are asking for the applicants who documented the transactions on video to step forward.

Labor Attaché Jalilo dela Torre disclosed this as he and Consul Paul Saret of the Consulate’s assistance to nationals section prepare to meet with the police to check on the progress of the probe.

Labatt Dela Torre said the investigators need the names of those who took the video recordings so they can be submitted to the Justice Department as additional evidence.

The footages, at least two of which were shared with The SUN, were taken discreetly by complainants with their cell phones as they made payments to Ylagan at her former office at World Wide Plaza in Central.

The Police Regional Anti-Crime Unit is investigating Ylagan, 66, and suspended barrister Ody Lai Pui-yim, 56, for suspected fraud and money laundering in connection with the alleged scam.

About 200 applicants, mostly Hong Kong-based domestic workers, filed complaints against Ylagan for charging them placement fees of $10,000 for a wide range of non-existent jobs in Britain, and $15,000 for positions in Canada.

About 300 more victims of the apparently recruitment scam have either chosen not to pursue their claims while others have found new jobs overseas or gone home after losing their jobs here.

The complaints led to further investigations into the suspected scam by the Philippine Overseas Labor Office and the Consulate’s ATN sections, and in turn, resulted in the arrest of Ylagan and Lai, who are both out on police bail.

Both suspects have been told to report back to police at regular intervals while the investigation into the case continues.

Many of the complainants have submitted evidence to support their claims to Mission for Migrant Workers director Edwina Antonio who is representing them in court. She is also expected to supply the names of those who took the videos to investigators.

The next hearing of the claims will be held at the District Court sometime next month, following a postponement on Oct 26.

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