Beyond grief

By Daisy Catherine L. Mandap

Coping with grief is not the easiest thing to do, more so if the cause was the untimely demise of a loved one. Things get more tough when the death happens abroad, and the victim is a migrant worker.

Lucky are those who have friends or family members at the worksite who can attend to the numerous tasks that need to be done before the remains of a loved one can be brought home. Beyond coping with the pain, it is the nitty-gritty of attending to the paperwork, dealing with the police and the morgue, and deciding on whether a public viewing should be held, that could prove taxing to whoever has to deal with this unenviable task.

Fortunately, Hong Kong has an efficient system in place that allows even tourists to get through this unsavory part of dealing with a loved one’s death rather quickly, at least in most cases. Complications may arise only if there are matters that need to be addressed first before the body is sent for its final journey home.

Such complications could result if there are suspicious circumstances surrounding the death, or it was the result of an accident.

A recent example of the first was the unfortunate death of Lorain Asuncion, who fell from the house of her employer’s father in Shenzhen in July last year. After three autopsies conducted over four months, her family had to finally come to terms with the fact that she had committed suicide.

Death from an accident, in particular, a traffic accident, could result in even more prolonged mourning for the family. A case in point was the death of Geraldine Betasolo who was hit by van while rushing to deliver a spare car key to her employer in November last year.

Geraldine’s grieving husband and teenage son were lucky in that they got full support from her friends in Hong Kong, including her employers; the mayor in their hometown of Inabanga, Bohol, who paid for their air fare to Hong Kong and ensured they got passports quickly; and staff at the Consulate, particularly Danny Baldon, who took them to nearly all the government offices they had to deal with.

But five months since the tragedy, her family still has to deal with claiming the compensation due them under both Hong Kong and Philippine laws.

In helping them get through the hurdles, we were struck by how seemingly simple the procedures were in filing claims. Immediate members of the family can do all the paperwork, or appoint someone to act in their stead.

It turned out it wasn’t so simple, especially since Geraldine’s next of kin live in a barangay four hours away from the capital of Tagbilaran, and snail mail is even more slow in their part of the country.

Given this, the task of having documents notarized, then authenticated in the nearest Chinese consulate in Cebu, took far longer than usual, and they nearly missed meeting the deadline for filing refunds for funeral expenses.

The requirements for pursuing the bigger claims – for compensation due to death, personal injuries, and from the traffic accident victims assistance scheme - are even more formidable, and will entail them going back to square one with the new documents they need to submit.

But the rewards for putting up with the paper and leg work are real, and within reach. In Geraldine’s case, the compensation alone for death resulting from an accident - which now stands at about $400,000 (Php2.5 million) — is substantial, especially if spent in the Philippines. It should be enough to feed her family for months, and if her husband so wishes, use it to start a business. The money that will go to her son, Kyle, could see him through college, and hopefully, improve on the life they used to have.

It wouldn’t be hard to provide help to families like them if support groups including the Consulate could all sit together and come up with an action plan to address their concerns in the quickest time possible. All we need to do is to draw from our shared experiences and create a blueprint that ensures help is given when it is needed, and who would be in the best position to provide it.

All it takes is a community that cares and works together to ensure the grief does not last longer than necessary.

Filipina DH who died in China flown home after 3rd autopsy

By Vir B. Lumicao 

Lorain Asuncion, the 28-year-old Filipina domestic helper who fell to her death in Shenzhen in late July, made her final voyage home on Nov 15 in a coffin.

Her remains were first brought to Hong Kong where authorities conducted a standard autopsy, the third to be carried out on the body.

Danny Baldon of the Philippine Consulate's assistance to nationals section said forensic experts who examined Asuncion's remains had indicated their findings matched those of the first two autopsies done in Shenzhen.

The two autopsies, conducted separately by Shenzhen police and a private forensics expert, both ruled out foul play.

The outcome of the latest autopsy are not likely to be known for a few days.

Lorain's belongings.

Asuncion reportedly plunged to her death from the 22nd floor flat of her female employer’s father in Longgang District, Shenzhen on July 23 or 24.

The Philippine Consulate in Guangzhou paid for an independent autopsy after the maid's family expressed doubts about the initial findings on her death.

Asuncion had been reportedly taken four times previously to the Shenzhen flat of Liu Heping, father of her female employer, to do house chores there.

On July 23, the elder Liu called police at 9:30am to report that the maid had gone missing but her belongings were in the flat.

At around the same time the next day, he called again and reported finding the maid’s body on the garden below the block.    Asuncion's remains were in a plywood and metal casket that was moved from the Universal Funeral Parlor in Hunghom to Chek Lap Kok airport on the eve of the two-hour flight to Manila on board Philippine Airlines Flight 301.

The casket was to be loaded to a connecting PAL flight to Tuguegarao City in Cagayan on Nov 16, and from there, transported overland to Baggao, Asuncion’s hometown.

There was no more formal public viewing for the deceased maid. Baldon said he was surprised by the abrupt decision to send the body home, but added the coroner’s office may have been concerned about its condition.

The Consulate representative watched as funeral home workers opened Asuncion’s sealed coffin, placed her blue backpack and a plastic bag containing a pair of sport shoes beside her feet, then resealed it.

Lorain's body for shipment home.

The brown enameled coffin was then put in the marked wooden casket in preparation for its shipment to the Philippines..

Meanwhile, Asuncion's employers, the couple Gu Huaiyu and Ms Liu, are under investigation by the Hong Kong police in connection with frequent trips they made to Shenzhen with the maid.

Gu and Liu are due to report back to the police headquarters by the end of December, a police spokesman told The SUN on Nov 9.

Gov't does new autopsy on DH who fell to death in China

The Hong Kong government conducted on Nov 13 its own autopsy on the remains of Lorain Asuncion, the 28-year-old Filipina domestic helper who fell to her death in Shenzhen in late July. 

The decision to perform its own forensic examination of the maid’s body was made by the government two days before Asuncion’s remains were to have been flown home on Nov 12, an officer of the Consulate’s assistance to nationals section told The SUN in a telephone inquiry.

The new autopsy was the third such procedure performed on Asuncion since she was reported to have plunged to her death from the 22^nd floor window of the flat of her female employer’s father in Longgang District, Shenzhen on July 23 or 24.

She arrived there on July 22 supposedly to join her employers’ family, who went to spend their summer vacation on the mainland but were elsewhere when the tragedy happened.

Two previous autopsies performed separately by the Shenzhen police and a private forensic expert both ruled out foul play.

Danny Baldon, the ATN officer who has been liaising with the police since the remains of Asuncion, single, arrived in Hong Kong on the evening of Nov 9, said the autopsy is a standard requirement for bodies that are in transit here to their final destination.

He said he would try to arrange a public viewing for friends and supporters of the deceased OFW before she would be finally flown home.

The remains were taken directly to the Fushan Public Mortuary in Taiwai, Shatin, where the autopsy was conducted.

The original plan by her recruitment agency in Hong Kong, Sunlight Employment Agency, was for the cadaver to be taken to Universal Funeral Parlour in Hung Hom before her onward flight to Manila last Sunday, Baldon said.

He said the remains were already booked on Philippine Airlines flight PR301, but the surprise decision to do a new autopsy would now call for Asuncion’s repatriation to be rescheduled. 

Baldon said Asuncion's family had been informed of the decision to conduct another autopsy, and that an aunt of hers who works in Hong Kong gave her consent to the autopsy on Nov 10.

In Manila, the sister of Asuncion, Jenevieve A. Javier, told The SUN her family wanted the Hong Kong police to conduct their own autopsy of her sister's remains in order to clear lingering doubts surrounding her death.

Meanwhile, Asuncion's employers, the couple Gu Hauiyu and Ms Liu, are under investigation by the Hong Kong police in connection with the maid's trips to Shenzhen with her employers.

Gu and Liu are due to report back to the police headquarters by the end of December, a police spokesman told The SUN on Nov 9. 

Asuncion had been reportedly taken four times previously to the Shenzhen flat of Liu Heping, father of her female employer, to do house chores there.

On July 23, the elder Liu called police at 9:30am to report that the maid had gone missing but her belongings were in the flat. At around the same time the next day, he called again and reported finding the maid’s body on the garden below the block.  

HK gov't to do new autopsy on DH who fell to death in China

by Vir B. Lumicao

The Hong Kong govt has decided to conduct its own autopsy on the remains of Lorain Asuncion, the Filipina domestic helper who fell to her death in Shenzhen in late July.

An officer of the Consulate's assistance to nationals section told The SUN that the new autopsy will be conducted today, Monday, Nov 13.

But Danny Baldon said the autopsy is a standard requirement for bodies that are in transit here to their final destination. He has been liaising with the police since the remains of 28-year-old Asuncion arrived in Hong Kong on Thursday evening.

The remains were taken directly to the Fushan Public Mortuary in Taiwai, Shatin, where the autopsy will be conducted. They were originally scheduled to be taken to Universal Funeral Parlour in Hung Hom before an onward flight to Manila this Sunday.

Baldon said the repatriation will now have to be rescheduled

He said Asuncion's family have been informed of the decision to conduct another autopsy. An aunt of Asuncion who works in Hong Kong reportedly gave her consent to the autopsy Friday.

He said the Consulate will try to request for a public viewing of the maid's remains before her final flight home.

In Manila, Asuncion's sister Jenevieve A. Javier, told The SUN her family wants the Hong Kong police to conduct their own autopsy to clear doubts surrounding Lorain's death.

Asuncion was found dead on the garden below the 22nd-storey flat of her female employer's father in Shenzhen on July 24,

An initial autopsy by the Shenzhen police shortly after Asuncion's death, as well as a follow-up examination of her body by a private forensic expert last mont, both ruled out foul play. The autopsies concluded she died from injuries consistent with a fall.

Meanwhile, Asuncion's employers, the couple Gu Hauiyu and Ms Liu., remain under investigation by the Hong Kong police in connection with the maid's frequent trips to Shenzhen with them.

Gu and Liu are due to report back to the police headquarters by the end of December.

Second autopsy rules out foul play in Pinay’s fatal fall in Shenzhen

Lorain Asuncion

By Vir B. Lumicao

A forensics report on the comprehensive second autopsy on the remains of a Filipina maid who died in a fall from a residential tower in Shenzhen in July suggested no foul play, supporting a similar finding by the police on the mainland.

Relatives of the deceased expressed hope the findings would not adversely affect Hong Kong police investigation of the maid’s employers in connection with the tragedy.

The autopsy findings by the Center of Forensic Science Guangdong Medical University indicated the deceased, Lorain Escorial Asuncion, 28 and single, died from multiple organ injury and massive blood loss.

The findings appeared to support an earlier conclusion by the Shenzhen Public Security Bureau that the Filipina died from falling.

The English translation of the five-page forensic report was handed by the Department of Foreign Affairs to Jenevieve A. Javier, the elder sibling of Asuncion, on Oct 13. 

Javier said a DFA officer who turned over the findings said Asuncion’s remains might be released and repatriated before the end of October.

“Sana lumabas ang katotohanan…ang sa amin lang, magbigay sila ng ebidensiya na ginawa talaga niya yung sinasabi ng amo na nag-commit siya ng suicide,” Javier told The SUN in an online message.

The report said that while Asuncion’s face was intact with no deformity of the skull and face, her chest had collapsed and was deformed with several broken ribs that pierced her left lung, causing it to rupture and bleed. Her upper left arm also broke and her right foot was deformed, possibly on impact.

The report also said that no foreign matter was found in her uterine cavity, indicating no sexual assault.

An initial Shenzhen police autopsy of the victim’s body in August also ruled out foul play and classified Asuncion’s case as “death by falling”.

But her relatives doubted the initial report because Asuncion’s face was intact, which they thought was inconsistent with her having fallen from the 22^nd storey flat of her female employer’s father in Longgang District.

The Filipina had traveled to Shenzhen on July 22 this year on her employers’ instructions to join them in their summer vacation there. But when she got there, her employers Gu Huaiyi, his wife Ms Liu their children had gone to other parts of China and the helper was forced to stay in the house Liu Heping, her employer’s father.

The next morning, the elder Liu called the police to report that the Filipina had gone missing but her belongings were in his flat. A day later, Liu again called the police to say he had found Asuncion’s body in the garden below his flat.

The maid’s employers were arrested by Hong Kong police in August and were being investigated allegedly for violation of immigration rules in connection with taking their helper to work across the border.

They were released on police bail but were due to report to the police headquarters any day now for further investigation. 

Sources at the Consulate told The SUN Hong Kong investigators were also awaiting the result of the second autopsy.  

Family presses for inquiry as SZ police rule out foul play in Pinay’s fatal fall

By Vir B. Lumicao

Guangdong police have ruled out foul play in the fatal plunge in July of Filipina maid Lorain Asuncion from the flat of her employers’ relative in Shenzhen.

The news came as the maid’s family told The SUN that an autopsy had been carried out on her remains on Sept. 1, but the results won’t be known until the end of the month.

Until then, Asuncion’s body will remain in Shenzhen.

“Hinihintay pa yung result bago maiuwi ang body niya. After 20 to 30 days pa yung result. Na-autopsy siya noong Sept 1,” Javier said.

“Ang sa police naman po, ganundin po. Hihintayin din nila ang result bago mabuksan yung area,” she said, referring to the 22nd floor flat in a housing block from where the Filipina fell to her death on July 24.

However, as early as Aug. 9, the Guangdong Public Security Department had indicated it was not looking at homicide as the cause of Asuncion’s death.

In a reply to a note verbale from the Philippine Consulate in Guangdong, the police said:

“At present, the legal medical expert has certified that Asuncion Lorain Escorial died from falling off the building and has excluded any possible homicide.”

Despite this, Asuncion’s male employer, Gu Huaiya, and his wife, surnamed Liu, were arrested on Aug 17 after they were summoned to the Hong Kong police headquarters in Wanchai.

The couple was held on a charge of conspiring to defraud HK Immigration by claiming that their domestic would work only in the territory.

Police reportedly found out that the Filipina had been taken across the border by her employers four times in the nine months that she was in their employ.

They were released on bail but told to report to the police again by mid-September.

The police report said Asuncion entered Shenzhen through Futian port on July 22 and stayed in the house of her female employer’s father, Liu Heping, while her employers’ family was touring other parts of China.

When Liu woke up at around 9am on July 23, he could not find Asuncion in the flat but all her personal belongings were there, the police report said. Liu reported the Filipina’s disappearance to the police station in Ban Tian.

 Around 9am on July 24, Liu again called the police and reported that he had found the body of Asuncion below the residential block, the police reported.

Asuncion’s sister, Jenevieve A. Javier, said in an online message she had requested the Philippine Consulate in Guangzhou to hire a private doctor to carry out the autopsy to ensure a thorough examination of the victim’s body.

She said the autopsy would include an internal examination of Asuncion’s body to find the exact cause of death, as a police autopsy would only look for external telltale signs.

Javier and an aunt, Susan Escorial, went to Shenzhen via Hong Kong in early August and were escorted by police and an officer from the Consulate in Guangzhou to Liu’s house, which had been sealed as the investigation was ongoing.

Maids told: Report employers who force you to work in China

By Daisy CL Mandap

Labor Attache Jalilo dela Torre.

Filipino domestic workers should complain when their Hong Kong employers bring them to China for work, according to Labor Attache Jalilo dela Torre.

At the same time, he said Hong Kong Immigration should not tolerate the illegal practice by some Hong Kong employers of making their helpers work on the mainland.

Labatt dela Torre was reacting to reports that the employers of Filipina domestic worker Lorain E. Asuncion who died in Shenzhen last month had been arrested by the police in Hong Kong last Thursday, Aug. 17. The couple was held on a charge of conspiring to defraud HK Immigration by claiming that their domestic would work only in the territory.

Police reportedly found out that the Filipina had been taken across the border by her employers four times in the nine months that she was in their employ.

Asuncion, 28 and single, reportedly fell from a building in Shenzhen on July 24 after her employers allegedly sent her to work there for the father of her female employer. The exact cause of her death is still being investigated.

“Bringing domestic workers to China for work shouldn’t be tolerated by the Immigration Department because it constitutes a continuing breach of condition of stay,” dela Torre told The SUN in an online message. “I don’t think she (was) being brought there to enjoy the sounds and sights of China”.

On the other hand, he said Filipino domestic workers should do their part in averting the commission of the said illegal act.

“Our domestic workers shouldn’t allow themselves become an unwilling party to the immigration offence. They should report to Immigration that the employer has plans to bring them to China,” dela Torre said.

While some domestic workers are allowed to accompany their employers abroad for a vacation, the labor official said a distinction should be made. “If the intention is to make them work,” he said HK Immigration should not allow it.

His call echoed that made earlier by Indonesian Consul General Tri Tharyat, who called on the Hong Kong government to crack down on the practice.

“We have to stop this practice now,” Consul General Tri told the South China Morning Post in an interview. “I don’t think we need to wait for someone else to die because of this.”

Indonesia’s top diplomat said it was not realistic to expect the helpers to report to the authorities on such cases because they are scared of losing their jobs.

“I think we should work on a policy level and operational level. There should be more stern measures taken by the Hong Kong government against these employers who employ their helpers in more than one address ... I really hope there are more sanctions,” Tri reportedly said.

Anyone found to have provided false information to Immigration could be prosecuted and face a maximum fine of $150,000 and imprisonment of up to 14 years.

However, until Asuncion’s death, no employer had been arrested or held liable for breaching the law against bringing a domestic worker to China for work. In a few cases reported to The SUN, it was the Chinese authorities which rejected visitor’s visa applications made by employers for their foreign domestic helpers.

Labatt tells Filipino maids, report employers who force you to work in China

By Daisy CL Mandap

Labor Attache dela Torre 

Filipino domestic workers should complain when their Hong Kong employers bring them to China for work, according to Labor Attache Jalilo dela Torre.

At the same time, he said Hong Kong Immigration should not tolerate the illegal practice by some Hong Kong employers of making their helpers work on the mainland.

Labatt dela Torre was reacting to reports that the employers of Filipina domestic worker Lorain E. Asuncion who died in Shenzhen last month had been arrested by the police in Hong Kong last Thursday, Aug. 17. The couple was held on a charge of conspiring to defraud HK Immigration by claiming that their domestic would work only in the territory.

Police reportedly found out that the Filipina had been taken across the border by her employers four times in the nine months that she was in their employ.

Lorain Asuncion

Asuncion, 28 and single, reportedly fell from a building in Shenzhen on July 24 after her employers allegedly sent her to work there for the father of her female employer. The exact cause of her death is still being investigated.

“Bringing domestic workers to China for work shouldn’t be tolerated by the Immigration Department because it constitutes a continuing breach of condition of stay,” dela Torre told The SUN in an online message. “I don't think she (was) being brought there to enjoy the sounds and sights of China”.

On the other hand, he said Filipino domestic workers should do their part in averting the commission of the said illegal act.

“Our domestic workers shouldn't allow themselves become an unwilling party to the immigration offence. They should report to Immigration that the employer has plans to bring them to China,” dela Torre said.

While some domestic workers are allowed to accompany their employers abroad for a vacation, the labor official said a distinction should be made.

“If the intention is to make them work,” he said HK Immigration should not allow it.

His call echoed that made earlier by Indonesian Consul General Tri Tharyat, who called on the Hong Kong government to crack down on the practice.

“We have to stop this practice now,” Consul General Tri told the South China Morning Post in an interview. “I don’t think we need to wait for someone else to die because of this.”

Indonesia’s top diplomat said it was not realistic to expect the helpers to report to the authorities on such cases because they are scared of losing their jobs.

“I think we should work on a policy level and operational level. There should be more stern measures taken by the Hong Kong government against these employers who employ their helpers in more than one address ... I really hope there are more sanctions,”

Tri reportedly said.

Anyone found to have provided false information to Immigration could be prosecuted and face a maximum fine of $150,000 and imprisonment of up to 14 years.

However, until Asuncion’s death, no employer had been arrested or held liable for breaching the law against bringing a domestic worker to China for work. In a few cases reported to The SUN, it was the Chinese authorities which rejected visitor’s visa applications made by employers for their foreign domestic helpers.

Employers of Filipina who died in Shenzhen arrested

By Vir B. Lumicao

Hong Kong police arrested Thursday, Aug 18, the employers of a Filipina domestic helper who fell to her death in Shenzhen in July, as her relatives remain doubtful about reports she killed herself by jumping off a residential block.

A sister of the late Lorain E. Asuncion recently told The SUN that she had asked for a private forensic examination of the victim, as it would be more intensive than the tests carried out by the Shenzhen police which ruled out foul play. A letter the police sent in response to a query from the Philippine Consulate in Guangzhou stated that Asuncion had fallen from a height.  

In Hong Kong, officers from the Anti-Triad and Organized Crime Bureau reportedly arrested the employers of Asuncion when they showed up at the police headquarters in Wanchai for an investigation.

Local newspaper reports said the male employer surnamed Gu, 47, and his wife surnamed Liu, 32, were arrested on a charge of conspiracy to defraud. They were released on bail and told to return in September for further inquiry.

"They were suspected to have made a false statement to the relevant government department, claiming that the female foreign domestic helper employed by them would work in Hong Kong only,” a police spokesman reportedly said.

It is illegal in Hong Kong for an employer to make his or her helper work in places other than at the address stated in their work contract.

The case has highlighted concerns about Hong Kong employees bringing their domestic workers across the border to work, often against their will.

Asuncion, 28 and single, fell from a building in Shenzhen on July 24 after her employers allegedly sent her to work there at a relative’s home.

Her sister, Jenevieve A. Javier said her sister’s body had not yet been autopsied by the time she and an aunt had to fly  back to Manila because the booking list was long.

“Marami kaming katanungan tungkol sa nangyari", she said.

Javier claimed Asuncion's employers had instructed her to join them in Shenzhen on July 22, but when she got there, she was surprised to find only Liu's father in the house. This was confirmed by the Shenzhen police in their letter to the Philippine Consulate there.    

Javier said she had filed a complaint for human trafficking in her sister's case to Hong Kong authorities.

Police reportedly said Asuncion was taken by her employers to China four times in the nine months that she was in their employ.

Immigration reportedly referred the case to police as a human trafficking case.
Javier told The SUN she hoped the investigation into her sister's case would keep going.
"Sana tuluy-tuloy na,” she said.

Javier and her aunt Susan Escorial who viewed Asuncion's remains claimed the victim's face was intact, with no bruises or other signs of having fallen from the 22nd floor flat of Liu's father.

The two said they were interviewed intensively for two days by Hong Kong police about Asuncion’s communications with them before she died.

After the marathon meeting at the police headquarters, an officer drove the two women to the airport to catch their flight home late on Tuesday, Aug 16. - reports from Vir B. Lumicao and SCMP

Pinay’s body still in China

Lorain Asuncion

The repatriation of the remains of Lorain Asuncion, a Hong Kong-based domestic helper who fell to her death on July 24 in Shenzhen while joining her employers on a trip to China, remains uncertain more than two weeks after the tragedy.

According to the victim’s sister, Shenzhen police were expected to conduct an autopsy on the remains on Aug 11 or Aug 14.

This was after their parents sent a special power of attorney to the assistance to nationals section of the Philippine Consulate in Guangzhou authorizing it to request an autopsy by the Shenzhen Public Security Bureau.

Asuncion’s employer met with ATN officers of the Consulate, but details of the talks are being kept confidential.

Asuncion’s sister Jenevieve A. Javier, who flew into Hong Kong on July 30 and went to see the victim’s body in Shenzhen the next day, told The SUN that the employer had refused to meet her.

“He does not want to talk to me face to face, saying he was also a victim of the incident and that this is not the right time for us to meet up,” Javier said.

“Ayaw nila talagang makipag-usap, ewan ko kung bakit. Di man lang sila gumawa ng effort para makipag-usap. Kami pa ang nag-i-insist na makipagkita,” she added.

Relatives of Asuncion have been asking for an autopsy to find out the real cause of the OFW’s death.

“We just want to know the truth so that my sister will get justice,” Javier said. She was hoping to accompany her sister’s body home, unaware that the release process in China would take some time. She was due to return home without accomplishing her mission so she could report back to work.

Meanwhile, Labor Attaché Jalilo dela Torre said the Philippine Overseas Labor Office had blacklisted Asuncion’s employers, a move that would prevent them from hiring any domestic worker from the Philippines in future. - VBL