Our Report, Our Service, Our Mission

By Cynthia Tellez

In place of giving ways of addressing specific concerns, do allow us to share with you some highlights of the Mission’s work in 2016 including the trend of cases we handled as reflected in our Service Report and our corresponding responses. At the end of this article are certain tips on the most common problems presented to us last year.

The Mission conducts internal evaluation of its services to determine the quantity and the quality of the assistance extended to migrant workers. A review of our 2016 services showed a general increase across-the-board of case intake, inquiries, reach and recovered claims. This can be attributed to the implementation of the recommendations of the Impact Evaluation and the addition of a Chinese and Indonesian staff in our growing family.

True to our motto of “Serving Migrants Anytime, Anywhere”, we are now in four areas of the New Territories - once in two months, and more frequently in Causeway Bay.

We have also rationalized our empowerment program for migrants. Better and upgraded life and work skills are offered via partnerships with reputable and accredited skills providers like the HK Red Cross and the HK Sheng Kung Hui Welfare Council.

Another significant development is the launch of our Happy Homes program. With the aim of fostering a more caring and inclusive society, we work towards building better relationships of employers’ families with migrant workers in the households. We have launched the “Stories of Harmony in the Household” featuring positive stories of mutual respect and care among household workers and families. Since we started our “Employer Awareness program” last November, five employers have come forward to our center or accessed our dedicated hotline.

In response to the awareness survey we did in 2015 which showed that 50% of migrants are newly-arrived, we increased our promotion and visibility in Central.  We distributed thousands of information cards at the HK airport and via our partner migrant associations. Know Your Rights and Responsibilities seminars were regularly held not only in indoor spaces but outdoor public venues to capture more spontaneous audience.

Special thanks definitely goes to the community media, especially to the SUN newspaper for continuing to host our Know Your Rights column and for its effective and real-life advocacy and support towards victims of overcharging, fraud and illegal recruitment. Beyond reporting the cases, it even referred clients to us or cooperated with us in case work.

This, we believe, also inspires and encourages more migrants, especially the newly arrived or newly victimized, to come forward and fight for what is right.

As mentioned above, the 2016 summary report of our services indicated a general increase of migrants seeking assistance from the Mission. In order to address it, we are developing the volunteer system that will be more organic to the Mission’s personnel. We are also regularizing training to upgrade the skills and knowledge of the welfare committees of the organizations of migrant workers.
Termination of contract, police cases and agency-related cases were the three categories that registered an increase in the cases the Mission handled and assisted. Below are some points to remember, especially for new arrivals.

1) Termination of contracts. The contract can be terminated anytime by either the domestic worker or the employer; either by issuing a month’s notice of termination or paying an equivalent amount of the worker’s one month’s salary by the terminating party. Do not sign any blank paper/document especially if that is in place of the payments due you. The safest is to leave the premises of your employer and seek assistance from service providers like the Mission. They will provide you an explanation of your rights and the computation of your claims before reporting to appropriate HK government agency like the Labour Relations Division (LRD). Once you sign any paper and someone else writes down anything there, it can be used as evidence against you. If the employer prevents you from leaving leave unless you signed the paper, dial 999 for police assistance. Explain to the police that you prefer that matters be resolved at the LRD. The police cannot also force you to sign and they should help facilitate your exit from your employer’s house.

2) Police case. If you are being accused of a crime, remember your basic right to remain silent and not to answer any questions by the investigator. This cannot be taken away from you. Before they even start questioning you, the investigator (through an interpreter) must tell you that anything you say may be used as evidence against you in Court. This means that if you agree to answer their questions, they will put it in writing and you will need to sign it together with the interpreter as proof that the contents were really your statement. The Court will accept that as evidence in hearing your case. It is thus better to invoke your right to silence. Seek the assistance of service providers that could refer you to a lawyer for legal advice.

3) Agency-related cases. If you apply to any recruitment/placement agency in Hong Kong, the law that will govern your dealings with the said agency is the law of Hong Kong. It says that the legal fee to pay the agency is only 10% of your first month’s salary. The payment according to the Code of Practice issued by the Labour Department should be done after a successful placement. Meaning that you are required to pay the placement fee only after you receive your first month’s salary. But even if you pay in advance, it should be an equivalent of 10% only of your first month’s salary. However, quite a number of excessive placement fees cases that the Mission handles at the moment are about applying in Hong Kong for jobs outside of Hong Kong, particularly Canada, the UK or other countries. The first thing to know in cases like this is whether or not the agency has a license issued by the  government of Hong Kong to send workers outside of Hong Kong. Another step is to seek assistance from service providers to determine the authenticity of the permit issued to the Hong Kong –based placement agencies to deploy workers (local or foreign) outside. Verification must also be done whether the said agency has a permit from the destination country to deploy workers wanting to work there and/or transact placement business in that country. It is important to secure the whereabouts of their so-called counterpart agency in the destination country and if such agency is also registered to legally deploy workers.

But the best advice to anyone is to seek help from service providers. Do not feel embarrassed or hesitate because it is your life.

There are ways and alternatives to take where you can avoid ruining your future and the future of your family.
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This is the monthly column from the Mission for Migrant Workers, an institution that has been serving the needs of migrant workers in Hong Kong for over 31 years. The Mission, headed by its general manager, Cynthia Tellez, assists migrant workers who are in distress, and  focuses its efforts on crisis intervention and prevention through migrant empowerment. Mission has its offices at St John’s Cathedral on Garden Road, Central, and may be reached through tel. no. 2522 8264.

Tulong ng mga DH laban sa krimen, dapat noon pa

Ni Vir B. Lumicao

Pinulong kamakailan ng Hong Kong Police ang mga lider ng iba’t ibang grupo ng mga OFW upang hingiin ang kanilang tulong sa pagpigil sa krimen, lalo na yaong mga Pinoy na katulong ang siyang nabibiktima.

Positibo ang dating ng binabalak ng pulisya na “Crime Prevention Program”. Sa kauna-unahang pagkakataon simula nang dumating noong Dekada 70 ang mga katulong na Pinoy ay ngayon lang naisipan ng mga alagad ng batas ang ganitong programa.

Binigyan-diin ng mga opisyal sa pagpupulong sa Central District headquarters sa Sheung wan na ang nasabing programa ay nakatuon sa mga kasambahay na Pinoy dahil sa laki ng kanilang bilang dito sa Hong Kong.

Ayon sa pinakakuling estadistika ng Immigration Department, umabot na ang bilang ng mga Pilipinong kasambahay sa Hong Kong sa 189,105.

Kung susumahin, ayon kay Leung, ganito kadami ang bilang ng mga tahanan na pinaglilingkuran ng mga DH na Pinay. Kung may tig-apat na katao ang bawat tirahan, lalabas na malaking bahagi ng 7 milyong populasyon ng Hong Kong ang masasaklaw nila kapag nakatulong ang mga kasambahay sa kampanya laban sa krimen.

Napapanahon ang bagong programa ng pulisya dahil nitong mga nakalipas na buwan ay may malalaking kasong kinasasangkutan ng mga katulong na Pinoy at sila mismo ang mga biktima.

Sa isang malaking kaso ng panlilinlang ng isang ahensiya sa empleo, ilang daang Pinoy na katulong ang nabiktima, bagamat nalaman ng pulisya na nabiktima rin ng panloloko ang ahensiyang iyon, ayon kay Leung.

Ang pinakahuling kasong kinasasangkutan ng mga katulong na Pinoy ay ang “loan sharking” o pagpapautang na labis-labis ang patubo, na nilansag ng pulisya kamakailan. Ang sindikato ay binubuo ng mag-asawang Intsik na “financier”, ang katulong nilang Pinay na “assistant” nila, at pito pang DH na tagakontak at tagapasa ng prendang pasaporte o kontrata ng mga nangungutang.

Maraming iba pang krimen na ang inaasinta ay mga Pinay na katulong dahil marunong silang mag-Ingles, tulad ng telephone scams, mga pyramid at iba pang panlilinlang at ang paglulunad sa programang nakatuon sa mga Pinoy DH ay para na rin sa kaligtasan nila, ayon sa pulisya.

Noong nakalipas na taon, halimbawa, sa 5,024 na biktima ng “assault and wounding’ o pananakit at panunugat ay 19 ang katulong na Pinay at ang may kagagawan ay ang mga amo nila, ayon sa estadistikang tinukoy ni Leung.

Bahagi ng nasabing programa ang pagbuo ng iba’t ibang lupon mula sa 58 kataong dumalo sa pulong na dadaan sa iba’t ibang pagsasanay tungkol sa mga batas ng Hong Kong, pagpapakilala sa kanila sa mga gawaing pulisya, at pagsasagawa ng mga pinagsanib na serbisyo sa komunidad.

Pagkatapos ng ilang pagsasanay ay magkakaroon ng pagtatapos ang mga miyembro ng programa kung saan sila ay gagawaran ng mga katibayan bilang mga “adult crime ambassador”, isang tanda na sila ay mga ganap na katuwang ng mga alagad ng batas kontra sa krimen sa komunidad ng mga Pinoy dito sa Hong Kong.

Tiniyak ni Leung na sa mga darating na panahon ay papalawakin nila ang bilang ng mga isasama sa programa sa kagustuhan ng pulisya na maisangkot ang bawat Pinoy na katulong sa kampanya laban sa krimen.

Sa bandang huli, aniya, ang ibubunga nga programang ito ay para sa kabutihan ng lipunan sa Hong Kong.

Sa aming pananaw at malaon nang dapat isinangkot ng pulisya ang mga OFW sa ganitong proyekto upang madama ng mga katulong na mayroon silang halaga sa lipunang ginagalawan nila, hindi lamang bilang mga kasambahay kundi mga tagapangalaga rin ng kaligtasan ng bawat isa.      

Fate knocks out rivals in annual softball fest

Fate and Red Castle members strike a friendly pose after the game.

By Emz Frial

All-Filipino softball team, Fate, has blasted its way through the first two Sundays of competition in the 2017 Festival of Sports (FOS), an annual contest organized by the Hong Kong Softball Association.

The rules provide for all softball teams to play against each other, and the only team left standing will be declared as this year’s champion. Fate trounced all of its three opponents in the knock-out games held on Mar 26 and April 2.

On opening day, Fate finished off CUHK Phoenix, 8-1, after an initial hiccup.

The game started with Fate as the away team. Unfortunately for the team, none of its first three batters managed to reach home base.

First batter Ynez Badajos was caught with a fly ball by Phoenix’s third baseman, while Myra Japitana was put out on second base, and team captain Don Gaborno, on third base.

When the locals took their turn to bat, it was immediately clear they were determined to take the upper hand. Wong Ka Wing did not disappoint when she managed to reach home base safely, giving Phoenix the chance to score first. But the momentum was soon lost when the team suffered three successive outs.

Fate walked into the second inning determined to again prove that they are the team to beat. And prove they did, with seven players all contributing a point each. Those who scored were Ma. Eva Mendez, Lyka Algonez, Cherry Octaviano, Romela Osabel, Emily Mabaquioa, Rubielibe Ondayang and Badajos.

Phoenix did not lose heart, showing their best form in the third inning, while trying their best to keep Fate from scoring again. On the fourth inning, Ondayang managed to break free to make the score 8-1 in favor of Fate.

It was stalemate once again on the fifth, so the match ended with the score still at 8-1, for Fate.
The competition at Shek Kip Mei field became more intense on Apr 2, when Fate had to knock out two more opponents to surge ahead.

In the first game played at 10:30am, Fate again showed its brand of resilience when it knocked out another local team, Red Castle, 7-2, in six innings.

Fate scored three points in the second inning, courtesy of Badajos, Percy Jayme and May Amar Ledesma. They added two more in the second inning, through Ondayang and Katherine Gerpacio. On the fifth inning, Myra Japitana added one more point, while Badajos completed the scoring in the sixth inning.

Red Castle’s two points were made in the first and third innings by Chan Tsz Yan.
At 2:30pm of the same day, Fate faced another local rival, Celsius. The game proved to be an easy one for Fate, as it piled score after score, with Celsius failing to respond. Gaborno’s fast balls, helped by the tight defense of the team’s basemen and fielders, led to most of the rival’s batters being called standing out.

After four innings, the score was at 10-0 in favor of Fate. Umpires had to stop the game then because of regulation.

Those who scored in the first inning were: Japitana, Mendez, and Gaborno. In the second inning, Ondayang, Hidalgo, Badajos, and Japitana added a point each. In third inning, Ondayang again scored, while two more points were added by Mendez and Gaborno in the fourth inning.

Lending support to Fate’s usual cheerers at the games were some members of  Philippine Sluggers, an all-Filipino baseball team. As always, Fate’s manager Law Wai-ho was grinning ear to ear as he witnessed his team sail home from one victory to another.

Fate is now poised to play in FOS’ championship round.

‘Kalbaryo’ urges peace, end to poverty

By Vir B. Lumicao

There is no peace where poverty is widespread, where farmers don’t own the land they till, and where workers have no job security. There is no peace, too, if environmental destruction and violation of human rights continue.

In solemn Lenten fashion, about 100 progressive members of the Filipino community and their Hong Kong supporters ushered in the Holy Week on Apr 9 with a four-stage Station of the Cross in Central that highlighted the basic problems of Philippine society.

The procession, which began at HSBC and ended outside Alexandra House, was organized by the Promotion of Church People’s Response led by Father Dwight de la Torre of the Philippine Independent Catholic Church and Pastor Joram Calimutan.

“Ang Kalbaryo  ng Sambayanang Pilipino, Kalbaryo ng Migranteng Pilipino ay taunang paggunita sa buhay, ministeryo, kamatayan at pagkabuhay na mag-uli ni Jesus sa konsteksto ng bansang Pilipinas at puwersahang migrasyon ng mamamayang Pilipino,” Fr Dwight read from a prayer pamphlet.

“Sa pamamagitan ng  gawain nating ito ay binibigyang linaw natin na ang kawalan ng kapayapaan sa bansa ay nauugat sa labis na kahirapang nararanasan sa mga ng mas nakararaming mamamayan, kawalan ng lupa ng mga magsasaka at kawalang ng kasiguraduhan sa trabaho ng mga manggagawa, patuloy na pagkasira ng kalikasan at nagpapatuloy na paglabag sa karapatang pantao,” De la Torre said.

The contemplation for the first station was the current occupation by both urban and rural poor of some 4,000 empty units of a National Housing Authority project in Pandi, Bulacan.

“The blatant neglect and insensitiveness of the government to the poor and oppressed drove the thousands of out compatriots to do what is right,” according to the PCPR.

Other meditations discussed the failure of the Comprehensive Agrarian Reform Program three decades after the Mendiola Massacre and since President Cory Aquino signed it into law, with vast tracts of farmland still in the hands of a few landlords.

Likewise, the PCPR accused the owners of Housing Technology Industries and the Cavite provincial government of trying to hide from the alleged injustices relating to a Feb 1 factory fire in the export processing zone that killed at least 100 workers and left 1,000 still missing.

The protest procession leaders also said 20 years since the Mining Act of 1995 opened the mining industry to giant mining firms, environmental destruction continues as these companies expand their operations while their contribution to the local economy remains a measly 0.7% of GDP while providing jobs to less than 1% of the labor force.

The last of the meditations dealt with the extrajudicial killings in the Philippines. Procession leaders said that since Rodrigo Duterte became president, more than 7,000 suspected drug addicts and pushers have been killed in his “war against illegal drugs.” Yet the police officers who were involved in the killings have gone unpunished and remain a threat to ordinary people who are being used by the drug syndicates. The number of peasants and ethnic people who fall victims to extrajudicial killings is also growing, the protesters.

“Tunay na walang kapayapaan sa papatinding pagabag sa karapatang pantao at nagpapatuloy na state of impunity sa bansa,” according to the final meditation.

In his final message, Fr Dwight said: “Sa ating pagkakaisa bilang mga migrante kasama ng sambayanang Pilipino na patuloy na inaapi at pinagsasamantalahan, ay ating lilikhain ang isang lipunang nagtataguyod ng tunay na katarungan, kapayapaan at buhay na ganap na kasiya-siya na siyang minimithi para ssa ating n gating Panginoong Tagapagligtas na si Hesucristo.”

Labatt takes his OEC drive further afield

Labor Attache Jalilo de la Torre took to the “pulpit” on Apr 4 as part of his campaign to get more OFWs to register with BMOnline for easy access to an overseas employment certificate.

He issued his call at the Church of Free Believers in Christ under Bishop Moises Chungalao, who couldn’t be present but was represented by Bishop Gerry T. Vallo.

Speaking at the pulpit, he urged the congregation to register online so that time would come when there would be no more queues for OEC on the Admiralty pedestrian bridges.

On Facebook, he noted that another system bug was its inability to read or accept the Spanish letter “ñ” commonly used in many Filipino surnames, and the lack of that letter on mobile and PC keypads.
So, naturally, when an overseas worker who had hand-written his POEA personal details years ago now applies for OEC exemption, he would insist on using “ñ”, but that would make a difference because the system does not read that “Spanish relic”, Labatt Dela Torre said.

“Please don’t use the Ñ in your name because the system does not recognize that Spanish relic and the evaluator will not be able to complete the evaluation because the computer will hang looking for that missing Ñ,” he exhorted readers.

Another stumbling block in BM Online registration is the required “last departure/last arrival” field, which registrants often mistakenly reckon from the Hong Kong point of view so that they would type in their expected arrival date here.

“The last departure and last arrival dates are reckoned from the point of view in the Philippines, so last departure date is the last time you flew out of the Philippines, while last arrival date is the travel date you are leaving for the Philippines,” Labatt Dela Torre said.

He also urged walk-in registrants to wait to be served after 4pm any day, as the registration assistants would turn to them after they had served those with appointment dates and times.

“When you are walking in, don’t expect to be given priority over those with appointments, unless you are a senior or you’re traveling on the same or the next day,” he told his readers.

For those who dilly-dally about registering, Labatt Dela Torre has this to say: “Our BM registration services are free of charge, including tutorials and appointment setting.

“There is no need to print anything. Just come with your passports and contracts, which we only need to see, not get copies of,” he said.

“But please come, if you can, Friday and Saturday because there are no crowds. If on a Sunday please come at 3 pm to 8 pm,”  he added. - Vir B. Lumicao                                                               

CG asks teachers for help in war vs illegal recruiters

By Vir B. Lumicao

Hong Kong-based OFWs returning home to teach should tell the students, parents and other adults about the hardships and risks they would face if they work illegally abroad, Consul General Bernardita Catalla said.

Catalla warned that illegal recruitment was again on the rise, with Filipina domestic helpers in Hong Kong being lured with promises of high pay and better work conditions in countries like Russia and Turkey, where they often end up being victimized.

“Hanggang ngayon marami pa ring nai-illegal recruit. Dapat ipaalam natin kung ano ang buhay sa abroad, kung sino ang dapat nating paniwalaan, sino ang hindi dapat, in terms of yung recruitment process (Until now, many are still being recruited illegally. We should tell them how life is abroad, who we should listen to and who to avoid, in terms of recruitment process),” Catalla told about 75 aspiring teachers who took their oath on Mar 26 at the Consulate.

The consul general focused on illegal recruitment in her speech, as she disclosed her appointment as Philippine ambassador to Lebanon where, she said, 90% of Filipinos work illegally due to Manila’s 10-year old deployment ban to the Middle Eastern country.

Another country that has an existing ban on imported domestic workers is China, said Congen, but illegal recruiters have somehow still managed to get around the prohibition.

“May bagong imbensiyon sila ngayon, puwedeng mag-hire ng domestic workers ang high-salaried expats. Totoo, malaki ang suweldo pero magiging illegal naman kayo,” the consul general said.
The consul general advised the teachers to read about countries where they want to go, as it is important to know the laws and traditions of those places.
Catalla said she learned about the illegal recruitment problem in Lebanon when she started researching about her new post.
“Noong binabasa ko nga ang tungkol sa Lebanon, eh, ang laki ng binabayad sa atin, sila ang gagastos ng kanilang pamasahe, gagastos sila ng lahat, tapos hindi maganda ang kondisyon nila doon, di tulad sa Hong Kong. Nagtataka nga ako eh, bakit sila pupunta ng Lebanon?” she wondered.

Some illegal recruiters deployed Filipina helpers to Russia and Turkey and, as soon as the workers arrived in those countries, the agencies left them on their own.

“Pagdating doon, nagpupunta sila sa embahada at ang sasabihin ay galing sila sa Hong Kong. We have made representations with the Turkish consul general at medyo natigil na iyan,” Catalla said.

Catalla recalled that there was a Russian who used to recruit Filipinas for purported jobs in Russia or Turkey. When they got there, the Filipinas had to move from one employer to another and they were in worse conditions than in Hong Kong, she said.

“Kaya siguro isa na ang Hong Kong sa pinakamagandang lugar na pinatatrabahuhan dahil protected tayo,” Catalla said.

Yet there were still Filipinos who come to Hong Kong and use it as a springboard for illegal work on the mainland, Catalla said, citing two incidents just months ago.

First, in December last year, two Filipinas disappeared in Shenzhen while on a group tour and a CCTV review showed them being fetched by a man.

Then, in February this year, 14 OFWs were held by Chinese immigration at the border for over 24 hours after the 15th member of their tour group vanished.

Catalla said the Consulate asked its counterpart in Guangzhou to plead with the Chinese Foreign Ministry so that the Immigration officers would release the 14 or they would lose their jobs in Hong Kong.

“Malaki ang maitutulong ninyo, whether nandirito kayo or bumalik na kayo sa Pilipinas para maging mga guro. It is important na yung mga bata pa lang maimulat na sa ganitong mga issues, lalo na yung mga magulang o mga kapatid nila na adults at nagbabalak lumabas ng bansa na illegal, dahil ang bagsak natin ay kulungan, o katulad ng nangyari noong February, napaparusahan ang iba, mawawalan ng trabaho ang iba, dahil sa ginawa ng isang tao. Napapansin iyon ng immigration sa Guangzhou dahil nagkakaroon iyon ng pattern,” Catalla said.

These are things that the teachers know and need to impart to their colleagues in thhe Philippines, she added.

“Nagbabasa ako ng tungkol sa Lebanon at medyo ninerbiyos nga ako eh, 90% doon ay illegal. Iyon nga ho, tulungan nyo sana kami sa pagdi-disseminate ng information na ito,” she urged the teachers.

Call center girl admits drug trafficking

By Vir B. Lumicao

A Filipina call center agent arrested last July at Hong Kong International Airport for allegedly carrying suspected cocaine in her handbag, pleaded guilty on Apr 18 to a charge of trafficking in a dangerous drug.

Ann Raian Cruz, 37, entered her guilty plea before Eastern Court Magistrate Jason Wan, who said she would now be committed to the Court of First Instance, which will schedule her sentencing.

Cruz, a single mother who came to Hong Kong as a tourist on July 30, was ordered remanded in custody and told she could apply for bail before the High Court. Her arrest was the first reported drug trafficking to Hong Kong originating at Ninoy Aquino International Airport since the Duterte administration assumed power on July 1.

Customs officers allegedly found about 610 grams of suspected cocaine concealed in her handbag. After “washing,” the seized drug was confirmed to be 508 grams of cocaine with a street value of $694,565.

When asked where she got the bag, Cruz allegedly told investigators she bought it for Php 400 from a friend named Jenny on her way to the Manila airport on July 30.

But in a letter she wrote to prison chaplain Father John Wotherspoon in August last year, Cruz said the bag was a last-minute present that her African boyfriend, Chris Williams, told her to pick up from another Filipina while she was on a taxicab to the airport.

Cruz said Williams had instructed her to give the woman Php 400 for taxi fare. The African also allegedly told her to use the bag as he wanted to see her carrying it when he joined her the next day in Hong Kong.

The Filipina said she met Williams a few months earlier in the online dating site Twoo where he introduced himself as a businessman.

She said the trip to Hong Kong was an idea of her boyfriend, who allegedly told her he wanted her to travel with him on business trips abroad. But their original plan to travel together on Jul 29 fell through when the man failed to show up at the airport for their 6pm flight, allegedly due to a business meeting.

Consulate staff who interviewed Cruz in jail shortly after her arrest confirmed she passed through NAIA Terminal 3 security unchallenged until she boarded a Cebu Pacific flight to Hong Kong.

Airport authorities have since tightened security.

Two couriers flying in from the Philippines on Sept 4 and Oct 7 last year were intercepted in Hong Kong. They were a Colombian female and a Brazilian male transiting Manila. Each yielded more than 3kg of cocaine hidden in their luggage.

Christian Action to lose home for 31 years

By Vir B. Lumicao 

What used to be a Vietnamese refugee center in the 1980s came alive with dances, drums and music on Mar 12 as hundreds of migrant workers converged at the New Horizon Building compound to celebrate International Women’s Day.

But unknown to many who were there, the first such big event for foreign domestic workers for a long while was to be the last in that spacious, British era venue.

Worried officers of the host Christian Action, which has used the Kowloon Bay property as its headquarters and service centre for the past 31 years, told The SUN in an interview the charitable group would be moving out “very soon”.

Christian Action moved into New Horizon in 1987 to provide basic services to the several hundred Vietnamese boatpeople who were cooped in the compound as their applications for asylum in a third country were being processed.

The NGO has been leasing the venue for the past 31 years from the government for a token fee of $1. But on Jan 14 the government informed the charity group that it needed the site as part of a development plan for Kowloon East involving public housing.

Victoria Wong, CA’s assistant corporate communications manager, said moving the headquarters out of the compound would impact the operations and services the group provides migrant maids, ethnic minorities, unemployed adults and underprivileged youth.

“We have been very fortunate to have leased this venue from the government. We also wonder what will happen to the operations of the centers if this is discontinued, this is what we are worried about at the moment,” Wong said. Having the event at New Horizon in a way draws people’s attention to the social service role of Christian Action, she added.

Justin Murghai, manager of humanitarian services, said the event on March 12 was an extension of CA’s quarterly outreach to various migrant communities where “we inform them of their rights, and about the general situation in Hong Kong”.

“This is the first time we’re doing a program of this scale so we are expecting about 500 migrant workers today. Now we are doing a program for people of all nationalities.”

Murghai said the event aimed to appreciate and recognize the vital role of migrant domestic workers and their contributions to Hong Kong society. It was also intended to promote their rights and protection from risk of exploitation.

Migrant helpers got to show their artistic capabilities through “Women at Work,” a photography exhibition, and “Migrant Workers Talent Show” competition.

“We have a comprehensive support system for migrants workers who may be victims of exploitation, who have some labor claims and those kind of things, maybe facing abuse or some sort of trafficking,” Murghai said.

A troubled worker first goes to the paralegal office where she is assessed if she needed a home to go. “If not, we’ll provide you shelter… you may be here for a year, do you want to get connected to educational opportunities, do you need mental health support, so everything is activated from this one point of contact.”

He said Christian Action works closely with various government agencies Immigration and Labour to support migrant workers.

The NGO has two shelters with a total of 24 beds where some people stay for over a year if they have court cases. Murghai said around 70% of the shelter clients were Indonesians followed by Sri Lankans, and the rest, Filipinos.

“At the moment there are two or three Filipinos in our shelters,” he said. The Centers for Migrant Workers are in Tok Wa Wan and Ngau Tau Kok, “but we’re moving to Jordan very soon,” said Murghai.

The NGO offers free language classes – English, Mandarin, Cantonese, and Korean could start soon as well. The English class is based on the Cambridge model.

“We have recently started collaborating with Minorities Centre. Christian action is one of the services where they provide classes from five government channels and migrant workers are welcome to join these classes,” Murghai said.

The NGO also runs a computer class that is based on the Microsoft model. Murghai said Microsoft funded the development of the program that is sufficient to prepare one who goes through the whole program to work in an office setting.

The group also has interspaced classes for more vocational training that is helpful to domestic work in Hong Kong, such as cooking skills and other household chores.

Meatballs conviction sets a dangerous precedent— Unifil

By Daisy CL Mandap

The recent conviction of Filipina domestic worker Mildred Nilo Ladia for eating $100 worth of meatballs belonging to her employer and her being fined $800 for the offence has caused anxiety among migrant support groups in Hong Kong.

In a letter sent to Philippine Consul General Bernardita Catalla and Labor Attache Jalilo dela Torre on Apr 9, United Filipinos-Migrante Hong Kong said it was concerned that the verdict could set a dangerous precedent for domestic workers forced to live with their employers.

“We cannot comprehend why a migrant domestic worker (MDW) like Mildred and like most of us, who live with our employers and are provided with food and accommodation as mandated by law, can be found guilty of “eating” a food that is in the same household where we eat and live,” said the letter.

“We are extremely angered by the fact that a human being can be criminally liable for eating the food of the person who lives with her in the same household. This poses danger and potential criminal liability to the more than 300,000 MDWs (migrant domestic workers) in the territory, majority of whom are your Filipino constituents.”

Ladia, 40, was arrested on May 30 last year after Lan reported to police that some  meatballs stored in the freezer of her Repulse Bay flat had gone missing. The alleged offence took place at least a month earlier.

Lan also accused the maid of stealing a pair of leather slippers and a branded pouch.
The Filipina was detained but was allowed to post a $1,000 bail.

In court on Apr. 7, the other theft charges were dropped, while Ladia pleaded guilty to stealing the meatballs. The Eastern Court magistrate, noting that Lan had already deducted $100 from the maid’s salary, imposed a fine of $800, to be deducted from the defendant’s bail.

Reacting to the sentence, Unifil said in its letter that it was way too harsh, and not commensurate to the questionable offence for which Ladia  was charged.

“More than the fine imposed on Mildred, this conviction will result to her not getting the chance to be employed in Hong Kong ever again. This would mean losing her livelihood and the only source of income for her family. All these for eating the “meatballs of her employer”,” said the letter.

Unifil asked both Congen Catalla and Labatt dela Torre to put Ladia’s employer, barrister Gekko Lan Suet-ying “and her entire household” in the blacklist, meaning the list of employers who are not allowed to hire a Filipino domestic worker again.

Unifil said Lan called heartless and unreasonable, as she could have just terminated Ladia’s contract, instead of pressing charges over the meatballs.

Asked for his response, dela Torre said, “I have to watchlist her (Lan) because there is a request. But she can appeal”.

Dela Torre also said he wanted to review the files of the case first to see if it does set a dangerous precedent for Filipino domestic workers in the territory.

Congen Catalla reportedly confirmed the move to put Lan in the Consulate’s watchlist. Unifil said she has also been put in a similar list by the consulates of Indonesia and Thailand.

‘Meatball maid’ has one more fight before flying home

Ladia

By Vir B. Lumicao

Sarangani native Mildred N. Ladia is about to end her stint as a domestic worker in Hong Kong cut short by a decision to share 10 pieces of meatballs with her employer’s mother for lunch that led to a nearly year-long nightmare.

But she says the fight is not yet over, as she plans to pursue a claim with the Labour Department for unpaid wages and costs against her former employer, barrister Gekko Lan Suet-ying.

Ladia’s ordeal began on May 2 last year when police arrived at her employer’s flat in Repulse Bay and arrested her for the alleged theft of $7,500 in cash, some pieces of jewelry, an Agnes B pouch, two pairs of leather slippers, and the meatballs.

On Friday, Apr 7, a magistrate in Eastern Court imposed an $800 fine on the 40-year-old Ladia after she pleaded guilty to a charge of stealing the meatballs, allegedly worth $100, from her employer Lan.

The prosecution withdrew a second charge of stealing the pouch – which the maid said was an airline giveaway to passengers, and the slippers, as the complainant was reportedly in hospital.

But the case of theft over the meatballs, which were subsequently paid for when Lan deducted $100 from Ladia’s salary, was pursued.

Ladia said she pleaded guilty to the charge on the advice of her duty lawyer.

She was was resentful and firm, but sometimes moved to tears, as she recounted her traumatic experience during an interview with The SUN on April 9.

She has obviously not yet recovered from the trauma of that experience as she faces the prospect of going home soon, penniless and with a criminal record.

“Hanggang ngayon hindi pa ako nakakatulog,” Ladia said, breaking into a sob. “Kahit tapos na, hindi pa rin ako na makatulog nang mabuti, lagi akong nagigising kasi iniisip ko pa yung nangyari sa akin.”
She admitted the case had dealt a blow to her family, as she was the main breadwinner. Her husband, a tricycle driver, was making just enough for the daily expenses, while her mother supported her three children’s education.

In fact, Ladia said, her eldest son’s college education is being paid for by her mother.

How she survived without a job while her case dragged on for the past 11 months was itself laudable, but she gives much of the credit to the Saints Peter and Paul Church shelter called “Bahay Natin” in Yuen Long, and many Filipino community supporters who gave her cash for her personal needs and Octopus load.

Whenever she needed to go to the Immigration Department for visa extension, some people, including the parish priest, would give her money for the visa fee.

“My friends know that I have no money because I have no job and I do not dare to work illegally because I don’t want to add to my problems, so they come here and give me whatever they can afford to give,” the helper said.

“It’s they who give me the determination to fight on. They’re just the opposite of my very own relatives here who had been wishing me ill and spreading wrong information about my case on Facebook,” Ladia griped.

Because of the said disinformation, the helper’s mother is said to have become overly worried for her.
Ladia said she draws strength from the woman everyone calls “Nanay” at the shelter, who she said has been advising her to fight for her rights. In turn, Ladia says she taken to advising fellow OFWs seeking the shelter’s help to assert their rights.

In her own battle, she listened to officers of the Mission for Migrants who were also at the shelter late on Apr 9 to meet with her.

Ladia said she will fly back home after the Labour Department decides on her case.

Nang mapuno na ang salop

Anim na taon ang pinalipas ni Emma bago niya tuluyang iniwan ang among nakatira sa Pok Fu Lam. Sa panahon ng paninilbihan niya sa pamilya ay buong sipag na ginampanan niya ang mga iniatang sa kanya na tungkulin kahit kalaunan ay labag na ito sa batas.

Ilang buwan pa lang daw si Emma noon nang pakiusapan siyang maglinis sa opisina ng amo. Noong una ay isang beses sa loob ng isang linggo lang daw siyang pumupunta pero kalaunan ay naging araw-araw na.

Bukod sa paglilinis ay pinapatulong na din daw siya sa mga gawain sa opisina kapalit ng kaunting umento. Pero humina daw ang ng negosyo ng amo noong nakaraang taon kaya pati ang pagpapasahod kay Emma ay apektado. Hiniling daw ng amo ang pang-unawa niya kung sakaling atrasado ang kanyang sahod kaya pilit naman niyang inintindi ang sitwasyon kahit na inaabot ng ilang buwan bago siya nakakatanggap ng sahod.

Pero nang matapos ang kanyang kontrata noong Pebrero ng taong kasalukuyan, nagpasya na siyang maghanap na lang ng bagong amo. Ayaw daw pumayag ng amo noong una pero nanindigan si Emma. Ngunit kahit huling araw na niya ay nakiusap pa rin ang amo na utangin muna ang kanyang sahod. Gumawa ang amo ng kasunduan at nakasaad dito na ibibigay din ang sahod at iba pang benepisyo niya sa loob ng isang buwan.

Sa kasalukuyan, may bagong amo na si Emma pero hindi pa rin naibibigay ng dating amo ng buo ang kanyang kaukulang bayad. Si Emma, 32, ay tubong Quezon.—Gina N. Ordona

Loan shark victims only get temporary travel papers

By Vir B.Lumicao

Passports seized by police from loansharks.

About a third of the Filipinos whose passports were recovered from a loan sharking syndicate last month have reportedly come forward to inform the Consulate.

An officer of the Consulate’s assistance to nationals section has told The SUN that a few of the passport owners have been issued temporary travel documents so they could renew their work visas.
At least two of the recovered passports belonged to OFWs whose friends swapped them with their own so they could process new work contracts.

The ATN officer said the owners could get their passports back, but that could take some time as the police are keeping them as evidence against those behind the usurious lending operation that targeted Filipino domestic workers.

But even if they are recovered, the documents are deemed “as good as cancelled” because of the Consulate’s policy of canceling passports used as collaterals for loans.

A Filipina domestic worker found this out on April 2 when she reported to the ATN that her passport was among those recovered by the police from the loan sharks.

The helper was told she would not be able to get her passport back as it had been automatically cancelled. She was instead given a travel document valid for three months so she could process her visa renewal.

She was also told she could not be issued a new passport until the case against the recently dismantled loan sharking syndicate was concluded.

A local couple, their Filipino maid and seven of her compatriots were arrested by officers from the Organized Crime and Triad Bureau on March 12-13 in a series of raids that yielded 242 passports, $106,000, numerous bank documents, work contracts, notebooks listing the borrowers, and other evidence.

The police said in just eight months, the syndicate had made $12 million in illicit interest from the $10 million it lent to about 1,200 Filipino helpers at an interest rate of 10% a month, or 120% a year.
Those arrested have been released on bail but told to report to the police in mid-April.

Police said they are watching other loan sharking syndicates targeting Filipino domestic helpers and are asking the community to contact them on the hotline, Tel. No. 6348 1240, if they had been victimized by such groups.

Naglaho, pagkatapos ay gustong bumalik

Pagkatapos saluhin ng employer ni Lanie si Marie matapos nitong putulin ang kontrata sa dating amo ay bigla na lang itong naglaho. Ang masaklap, lumabas na ang visa ni Marie, at binayaran na ng amo ang agency na humawak ng mga papeles.

Si Lanie ang hiyang-hiya nang mapansin na hindi na nakikita si Marie sa messenger, whatsapp at facebook. Lahat ng mga kakilala nilang dalawa ay ganito rin ang sabi. Pati ang numero ng telepono na ibinigay ni Marie sa agency ay hindi na ma-contact. May isa pang numero na alam ang kanyang mga kaibigan, ngunit hindi nito sinasagot ang kanilang tawag at text kahit sinabihan siyang lumabas na ang kanyang visa at kailangan na siyang bumalik sa Hong Kong.

Galit ang amo ni Lanie dahil nakabili ito ng mga bagong gamit, kasama na ang kama, para sa sana ay paparating na kasamahan, ngunit wala itong ipinaabot na dahilan. Inis din ang amo dahil kinaawaan, pinatuloy sa kanilang bahay at binigyan pa ng pera si Marie pagkatapos nitong bumaba sa dating pinagsisilbihan.

Sana daw ay hindi na lang ito pumirma ng kontrata para nakapaghanap sila ng iba dahil kailangang kailangan nila ng isa pang kasambahay, lalo at tatlo ang kanilang anak.

Hindi naman sila nahirapang humanap ng bago, bagamat may agam-agam na silang nararamdaman dahil baka magbago din ang isip nito kapag lumabas na ang kanyang visa.

Kamakailan ay muling nagparamdam si Marie kay Lanie, at sinabing naoperahan daw siya sa puso kaya hindi nakapag cellphone. Dedma lang si Lanie. Sa isip-isip niya, kung totoo ang sinasabi nito ay bakit hindi man lang nito naisip na magparating ng mensahe sa mga taong  naghihintay na tumupad siya sa kanyang pangako?

Si Lanie ay isang Ilokana, may asawa at anak na kasalukuyang naninilbihan sa New Territories samantalang si Marie ay Bisaya at solong magulang at kasalukuyang nasa Pilipinas.- Marites Palma

Labatt in all-out war vs 3rd country deployment

One of the agencies
promoting their services.

By Daisy CL Mandap

Labor Attache Jalilo dela Torre has warned Filipino migrant workers in Hong Kong not to take up jobs in a third country, saying agencies or individuals who lure them to these places are violating Philippine laws.

Labatt dela Torre’s warning, made in three successive Facebook posts, came amid reports of a Hong Kong – licensed employment agency offering jobs to Filipinos in Brazil and Turkey.

It also came less than a year after an estimated 300 Filipino migrant workers in Hong Kong and Macau complained of having been duped into paying no less than $3 million to the now-defunct Emry’s employment agency for inexistent jobs in Britain and Canada.

In his latest post made on Mar. 30, the labor chief also said he had been under “virulent” attack by trolls based in Singapore after he posted the first two warnings against the recruitment being done by East West Employment Exchange.

He said he was not surprised by the verbal onslaught as he had also warned the Filipino community in Singapore to be wary of the agency.

Earlier, dela Torre reiterated that “third-country deployment”, or the recruitment of Filipinos from one overseas destination to another, is illegal under Philippine laws.

He said neither the Philippine Overseas Labor Office in Hong Kong (which he heads), nor  the Philippine Overseas Employment Administration have authorized  “any agency or individual.. to recruit and deploy any OFW from Hong Kong directly to a third country, like Russia, Turkey or Brazil or any other country, nor will there be any authorization in the future.”

He said he felt compelled to emphasize this point after receiving numerous reports of overseas Filipino workers “falling into harm’s way because they were:
1) not met at the airport and abandoned;
2) terminated after a few weeks and not provided protection, in the form of notice, payment in lieu of notice, nor air ticket;
3) had to beg in the streets to raise money for air passage back home;
4) other dire and harmful circumstances.”

There is no corresponding law on this in Hong Kong, however. Thus, Filipino workers here have, in the past, gone on to other overseas destinations, effectively making Hong Kong their “stepping stone”.

Several Filipinos who responded to dela Torre’s post and to a re-post of the same on The SUN’s Facebook page affirmed the warning, saying they had been left stranded after their work contracts were terminated soon after arriving in Turkey.

The workers said work conditions are dire in the said country because employers could terminate them at will, and with no obligation to pay for their return air fare, unlike in Hong Kong.
However, others who commented defended East West, saying they were successfully deployed by the agency in Russia and Turkey, where they are now working.

Dela Torre replied to them with: “Huwag na ho sana tayong manghikayat ng iba dahit marami ho kaming natatangap na sulat mula Russia at Turkey na hindi maganda ang kalagayan nila diyan. Kung maganda man ang kalagayan ninyo diyan, magpasalamat tayo pero huwag na po tayong magkomento na legal ang ginagawa ng East West dahil na e encourage ang iba”.

In his earlier post, dela Torre harked back at the misfortune that befell hundreds of OFWs in Hong Kong who were lured by Emry’s offer of supposedly better-paying jobs in Canada and Britain.
Labatt said: “Shouldn’t we learn from the Emry’s case? Are we so unmindful of warnings that we continue to gamble our fortunes and perhaps even our lives, for a dream job foisted by illegal recruiters and possibly human traffickers? When will we ever learn?”

HK police enlists DHs in anti-crime drive

58 Filcom 

representatives pose with police 

officials for souvenir photo after the 

meeting at Central Police Station on Apr. 2. 

By Vir B. Lumicao

Hong Kong police has taken the historic move of tapping Filipino domestic helpers to help in the force’s campaign to prevent crime, including those in which the helpers themselves are the victims.
The campaign will involve forming committees in which the members will undergo a series of seminars about Hong Kong law, police procedures and activities to enhance mutual understanding between the community and the police, all at government’s cost.

A graduation will be held at the end of the program for all those who attended the seminars. Those who complete the course will then be recruited as adult crime ambassadors who will disseminate the crime prevention message to their host homes and the Filipino community.

A similar move was undertaken by the police some years back, when Filipino community leaders were asked to help in anti-illegal gambling operations, amid mounting concern over the illicit card games migrant workers indulge in on their rest days.

The police’s new tack was disclosed to a select group of 58 Filcom representatives who were invited to a meeting at Central Police Station on Apr. 2.  

Chief Inspector Kevin Leung, police community relations officer of the Central District, sought the community’s input in the crime prevention program that would be launched for the domestic workers.
He asked participants to send him suggestions but set no timetable for the launch or a date for the next meeting.

“We would like to have your advice on how to run the program better,” Leung said, citing the likely impact of close to 190,000 Filipino helpers in about the same number of Hong Kong homes on the anti-crime program.

Leung told The SUN this was the first time such a program was being organized by the police for Filipino domestic helpers, first focusing on the maids.

“Of course, when we formally roll out the program, we would like to have attendants from groups or organizations other than those who attended on Sunday. It will be opened to all Filipino domestic helpers,” he said.

A hotline will be set up for this program.

The officer said Filipino domestic helpers’ big number alone could help communicate the anti-crime message effectively.

“I can do a simple math, I can suppose that these domestic helpers work in a family of four local citizens and if we do some kind of message, this can be delivered to 181,004  private residences and you can imagine the impact on Hong Kong society,” Leung said, basing his number on 2015 statistics. As of Dec 31 last year, Immigration statistics show the Filipino domestic helper population had grown to 189,105.

Police have noticed that certain crimes such as loan sharking, job scams, and telephone deception target English-speaking victims including the maids.

“We do not want anyone victimized in any more cases, we don’t want any more cases to happen, so we want to give you some messages on how to protect yourselves, how to prevent crime and threats on yourselves,” Leung said.

He said other crimes included wounding and serious assault cases in which some of the victims in more than 5,000 cases last year 19 were foreign domestic workers who were assaulted by their employers.

There were also summary offenses, minor infractions such jaywalking, obstruction of traffic, and illegal fundraising which people tend to ignore. “If you raise funds without permission, you are breaking the law,” he said.

Leung said the program has three objectives: to prevent Filipino helpers from falling victims to crime by educating them about Hong Kong laws; to get their support in disseminating the crime prevention message; and to enhance mutual understanding between the police and the helpers on proper procedures, police services and police assistance.

Citing language and cultural barriers, Leung said the police would try to understand the Filcom’s needs.

“We’d like to hear from your side how the police can do better, so, we’d like to enhance mutual understanding between your parties and our side,” he said.

The initial batch of workers enlisted to the program will attend seminars that will equip them with knowledge about Hong Kong laws and legal system. They will also be introduced to the police force, its challenges, duties, and services, as well as to various types of criminal offenses that they may encounter, can prevent or counteract.

“We may introduce you to the elements of the law, what’s the punishment, etcetera,” Leung said.
The program will also include joint activities such as community service by the helpers and police units once or twice a month on Sundays, a day that is more convenient for helpers, Leung said.
“If more people are joining, we can do it more frequently,” he said.

Among the Filcom members invited to the first meeting were Global Alliance chair Leo Selomenio, Hong Kong Musicians Union chair Manuela Lo, as well as leaders of various OFW groups.
The list of invitees was drawn up by the Consulate, represented at the meeting by Vice Consul Alex Vallespin, head of the assistance to nationals section.

Pinay pub manager, owner agree to drop claims against each other

A dismissed Filipina pub manager went to the Labour Tribunal on Mar 17 seeking more than $25,000 in unpaid wages, severance pay and wages in lieu of notice against the successive operators of a Wanchai pub where she had worked.

Susana Pariñas lodged her claim against Mad Dogs Wanchai Public House Ltd and Plan Two Ltd, which both filed a counterclaim. The two companies owned in succession the Spicy Fingers bar where Pariñas was manager from May 15, 2013 to July 28, 2016.

But Pariñas withdrew her case after a Ms Burnett, her former employer, told presiding officer Mary Wu that she had records to prove the Filipina owed 66 days of overtaken annual leave for going on holiday for 95 days during her barely three and a half years of working for both firms.

Pariñas said that when Mad Dogs’ lease on the Wanchai site ran out, she was transferred on Aug 1, 2015 to another site operated by Plan Two, as Burnett was a common director at both Mad Dogs and Plan Two.

The Filipina manager said around September, the new owner, a certain Jessica, talked to her and allegedly told her some staff would be retained, including her, so she signed a new contract.  The takeover came on Oct 21 last year.

“At first I agreed but I told her I have some suggestions to make about managing the bar, but if she refused to accept my suggestions, I won’t accept managing it,” Pariñas said.

She was on a holiday in Phuket, Thailand, when the firm told her to return in two days or they would fire her.

Burnett told the court Pariñas went on a holiday without approval, saying she did not approve the leave application on Oct 5 because of company policy for staff not to go on vacation in October.
Pariñas said she sent another holiday application three days later but Burnett again rejected it by way of a letter.

When the Filipina returned from Phuket on Oct 18, she told Burnett she wouldn’t return to her job and called Jessica instead, but the latter told her she didn’t need a general manager anymore.
“That’s because the bar closed down, and you’d be transferred to the Tsimshatsui bar under another company,” the presiding officer said.

He added that Pariñas should have filed a claim not against Mad Dogs but against Plan Two. But even with this, the worker faced a problem because it was she who refused to work for the new company.

“According to the Employment Ordinance, you will not be entitled to wages in lieu of one month’s notice,” Wu said.

Pariñas asked the presiding officer who should be held responsible then for her loss of job, and Wu replied Plan Two offered her to work in the new site but she refused.

Wu said Pariñas could not claim severance pay because she was not fired by the company.
But at the same time, the presiding officer said Plan Two could not claim wages in lieu of notice from Pariñas because as early as Oct 5 she had informed the company she did not want to work for it.

Then when it came to the issue of unpaid September wages, Burnett revealed that Pariñas actually owed the company leave pay because she drew salary for the 66 extra days that she was on vacation.

Wu said Pariñas would have to pay back the company if she pursued her claim. The Filipina reluctantly agreed to withdraw; so did Burnett.- Vir B. Lumicao

Nasisante siya, pero mas napabuti ang buhay sa HK

Isang buwan pa lamang na naninilbihan si Liza sa among Intsik sa Tuen Mun ay nasisante na siya agad. Ang masaklap pa ay ibinigay ng amo sa agency ang kanyang isang buwang sahod at kabayaran kapalit ng isang buwang pasabi, at pati na ang kanyang tiket pauwi sa Pilipinas. Ang gahamang agency naman ay ayaw ibigay ang kanyang pera dahil may utang pa daw siya dito na dapat niyang bayaran.

Humingi ng tulong si Liza sa kanyang kababayan at pinayuhan naman siyang magpunta sa POLO para ireklamo ang agency. Hindi man alam ni Liza kung saan ang tanggapan na kanyang pupuntahan ay lakas-loob siyang nagtanong ng direksyon, at mag-isa siyang pumunta doon.

Dumiretso siya sa tanggapan ni Labor Attache Jalilo de la Torre dahil inilapit na ng kanyang kababayan ang kanyang kaso sa opisyal. Agad namang tinawagan ng isang opisyal sa POLO ang agency at sinabihan na kailangang ibigay kay Liza ang lahat ng perang para sa kanya.

Natakot ang agency at pinabalik si Liza sa kanila para ibigay ang kanyang pera. Hindi na rin siya pinigilang umalis sa boarding house ng agency kaya nagkaroon siya ng pagkakataong makahanap ng bagong amo sa ibang ahensya.

Dahil sa puspusan niyang paghahanap ay nakakita siya ng lilipatang amo sa loob ng 14 na araw na tinakda ng batas bago siya sapilitang umuwi sa Pilipinas.

Mukhang mabait ang natagpuan niyang amo kaya hindi na niya sinabi sa pamilya ang tunay na dahilan ng kanyang pag-uwi para hindi sila mag-alala. Sinabi na lang na pinauwi siya ng amo dahil magbabakasyon ang mga ito ng matagal. Akala niya ay wala na siyang masyadong aalalahanin, subalit pinilit siyang ipasok muli sa training ng kanyang ahensya sa Pilipinas, at magbayad ng P18,000.

Sa ginawang pagtatanong ng kanyang kaibigan sa POLO sa Hong Kong ay napag-alaman nilang ang training ay may bisa ng limang taon, kaya hindi na siya dapat sumailalim dito. Gayunpaman, hindi na siya tumutol dahil natakot siya na baka ipitin ng ahensiya ang kanyang mga papel. Sinabihan na lang siya ng kababayan na magreklamo na lang siya pagbalik niya sa Hong Kong.

Pagkalipas ng ilang linggo ay nakabalik siya nang maayos sa Hong Kong. Hindi siya nagkamali na mabait ang kanyang bagong amo dahil kinampihan siya agad nang sabihin niya ang ginawang paniningil ng agency niya sa Pilipinas. Sa tulong ng kanyang kababayan ay muli silang dumulog sa POLO, at inireklamo ang pangalawa niyang agency. Muli ay tinawagan ng isang opisyal ng POLO ang tauhan ng agency, at agad naman itong sumunod sa utos na ibalik ang sobrang singil kay Liza.

Ngayon ay lubos nang naniniwala si Liza na dapat ipaglaban ng mga migranteng manggagawa ang kanilang karapatan kahit bagong salta lang sila. Si Liza ay taga Isabela, 25 taong gulang, may asawa at anak, at kasalukuyang naninilbihan sa Shatin.- Marites Palma

DH settles for much less in second chance at Tribunal

A domestic helper got a second chance from the Labour Tribunal on Mar 16 to pursue her claim against her former employer, despite her non-appearance in a previous hearing that had prompted the presiding officer to drop her claim.

But the maid, Alma Tatel, was forced to accept $1,000, less than a third of what she wanted to claim, in a compromise settlement devised by the presiding officer, W Y Ho, to break an impasse with her former boss, Fung Sai.

But first, Ho gave the Filipina a tongue-lashing for failing to appear in an earlier hearing in February.
“So, why should I set aside my previous order regarding your claim?” Ho angrily asked the Filipina, who faced a counterclaim from Fung.

“I went home to the Philippines because my daughter was sick,” Tatel replied.

“But you knew you had a court hearing and you did not tell the court you could not come… If you had a good reason, you should have told the court, so, why should I change my mind?” the presiding officer said.

After she had calmed down, Ho asked the helper what she wanted from her employer. Tatel replied she just wanted to settle, and the presiding officer asked how much she sought.

Tatel said she wanted just $2,000 for her plane ticket, but, when the presiding officer asked her if that was all, the maid added $100 travel allowance and around $1,000 in wages for seven days, Ho stopped her, saying that was not settlement.

“Settlement is to agree to accept less than your claim,” the presiding officer said.

Ho reminded Tatel that she still owed her former boss cash advances to pay her loans from finance companies.

She said Fung had documents to prove Tatel still owed her $4,000 and that the former employer was determined to collect the money from her.

When Tatel finally agreed to just claim the air fare, Ho told Fung about the Filipina’s offer and tried to convince her to agree to her settlement plan.

“Ms Fung, the reality is she has no money to pay you. You insist on her giving you some money, but I think that it’s impossible to extract money from her,” Ho explained.

The employer asked the presiding officer if she could go to court if the maid could not pay, but Ho said if Fung wanted to take the case to court, then she had to go to two courts – the Small Claims Tribunal and the District Court.

“If you go take the case to the District Court, you have to find a lawyer, but if you have to consider cost, it’s not cost-effective,” Ho said, explaining that Fung might end up spending more time and resources than going for a settlement. She added that by then, Tatel might have left Hong Kong.
Fung eventually agreed to settle, and paid Tatel $2,000, of which the maid gave back $1,000 to the employer to settle her debt.

Ho made both parties sign an agreement stating they had reached a full and final settlement of their claims and promised not to go after each other anymore.

Tatel looked disappointed after the hearing. When asked by The SUN outside the courtroom if she had found an employer after her termination in August, her reply was in the negative. She said she would go home for good. – Vir B. Lumicao

Pinay asylum-seeker loses appeal against drug conviction

By Vir B. Lumicao

A Filipina asylum-seeker who was sentenced in a magistrate’s court to two years and three months in jail for possession of a dangerous drug failed in her bid on March 20 to appeal her conviction in the High Court.

Dionisia Balaneg, 45, lodged the appeal last year, questioning the police procedures during her arrest and claiming her sentence was too severe as the packet of drug for which she was charged was not found on her, but on the ground.

Deputy High Court Judge V Bokhary rejected the appeal and affirmed the magistrate’s reason to convict Balaneg on grounds that the two police witnesses’ evidence was “clear, consistent and transparent” despite “very minor discrepancies”.

In contrast, the magistrate said the defendant was “dishonest” and “unreliable”.

Bokhary referred to the magistrate’s account of how the plainclothes officer who accosted and arrested Balaneg one rainy night in November 2014 testified that he ordered her to stop after seeing her walking alone on a street, “looking left and right in a suspicious movement”.

The officer, who was 20-25 meters behind her, told her to stop. Balaneg followed the order, but as she did, she pulled something from her pants’ pocket and let it drop to the ground next to her right foot.
The officer saw that it was a plastic packet containing something he suspected was dangerous drug, so he arrested the Filipina. At that instant, another officer arrived and picked up the packet. The prosecution said the packet contained 7.06 grams of methamphetamine hydrochloride.

Balaneg said on the witness stand that she, her boyfriend and another friend were walking down the street when a police officer arrested her, after allegedly finding the dangerous drug in her possession. She suggested she had been framed.

The accused said no fingerprints were found on the plastic packet that contained the drug, and that she was not searched properly.

In dismissing the appeal, Judge Bokhary noted the magistrate’s finding that Balaneg had previous convictions, two of which were drug-related: in 2012, she was jailed for two and half years for drug trafficking, and in 2013, she was sent to a drug treatment facility after being found to have taken cocaine.

Balaneg was also convicted on three separate charges of stealing grocery items from Wellcome and Park N Shop supermarkets and jailed for 21 days. That was barely a year after she was given a suspended sentence for overstaying.

Records show that she came to Hong Kong in 2005 to work as a domestic helper, but her contract was terminated and she decided to overstay until she was arrested in 2008.

She had since filed a torture claim to qualify for cash support from the government, and began cohabiting with her Filipino boyfriend.

Soon, she was inhaling “ice”, an addiction that continued until her arrest in November 2014, according to the magistrate report.

“The appellant was evasive in revealing her drug history but urine sample collected from her in 2013 showed she was positive for drugs,” the report said.

Bokhary also dismissed the appellant’s claim that her sentence was excessive, referring to two drug possession cases in the High Court involving amounts of drugs close to the amount seized from Balaneg.

$100-theft ruse backfires

A Filipina domestic helper admitted in Eastern Court on March 16 that she stole a $100 bill from her employer, saying she wanted to force her dismissal.

But her ruse only led to Jo Anna Salazar, 32, being sentenced to seven days in jail, suspended for 18 months, and to pay court costs of $500.

Magistrate Bina Chainrai said in sentencing that she considered the maid’s guilty plea and the fact that the money she stole was a small amount and was recovered by its owner.

“Defendant, the offense of theft is a breach of trust and calls for immediate custodial sentence,” said Chainrai.

“But I note that you have admitted the offense, the money stolen has been recovered and that it will not be repeated. I also consider that you have a young son to support,” the magistrate said.

The prosecution said in a report that the maid’s employer, Wong Chi-hang, called the police after she discovered that one of four $100 bills that she kept in a box atop a shelf on Jan 2 had gone missing.
When Wong checked the CCTV footage, she saw the maid taking the money from the box. She called the police and when the officers searched the helper’s personal belongings, they found the missing banknote.

Salazar was arrested but was released after she posted a $1,000 bail.

In mitigation, the duty lawyer representing the maid said Salazar came to Hong Kong in early 2015 to work for Wong as a domestic helper to support 12-year-old son who she had left in the care of her sister.

She signed a new contract with the employer early this year, but, shortly after that, she noticed that Wong began treating her badly and flared up easily, the lawyer said.

Salazar tried to negotiate an early termination but Wong refused, so the helper decided to steal the money on purpose, being aware of the CCTV camera in the flat, as a ruse to get her employer to fire her. – Vir B. Lumicao