Police to interview more victims of PEYA booking fiasco

Scene at PEYA'S shop in Worldwife Plaza at the height of the booking fiasco in December last year

By Vir B. Lumicao

More victims of last year’s PEYA Travel airline booking fiasco will be interviewed by the Hong Kong police this Sunday, Apr 29, in a bid to hasten their investigation of the case, a Consulate official said.

ATN head, Consul Paulo Saret

Consul Paulo Saret, head of the assistance to nationals section, told The SUN in a telephone conversation that about 20 complainants will be interviewed at the Wanchai police station.

He had offered to have the interview done at the Consulate to speed up the process, but the police declined due to their longstanding policy of not taking their records out of the police station.

“There’ll be 20 or so complainants whom we will accompany to the Regional Crime Unit on Sunday for the interview,” Saret said.

Saret said investigators told him they must have at least 250 statements from the victims to evaluate before deciding if they should file a deception case against Peya’s executives. But they have not given a timeframe for filing, he said. 

In an interview earlier he said fewer than 200 of the 1,200 Filipinos who had complained of getting bogus bookings from the travel agency had been interviewed by the police. He urged the other complainants to step forward to help the police speed up their investigation.

The police had reportedly told Saret that many of those on the list provided by the Consulate either did not answer phone calls or failed to show up for their scheduled interviews

Saret had contacted the police for an update on the case, amid online queries from complainants on how the case was progressing.

“Tanong ko lang po mga madam/sir tungkol sa refund ng PEYA Travel agency, kasi hanggang ngayon e wala pa po kayong update,” a certain Emie Lee asked.

Police are still looking for Grospe

Commenter Ladyjoy Magna Quina replied that the victims should go to the police to file their statements so that the case would move forward. But others blamed the Consulate for not informing them of the need to go to the police.

According to Saret, Another hindrance cited by the police was the disappearance of PEYA marketing manager Arnold Grospe, who they also want to investigate. Grospe is reported to have fled to Macau in the wake of the booking fiasco, and was reportedly spotted afterwards in Baguio City in the Philippines.

Grospe was invited to the Central Police Station on the evening of Dec 20, when the booking mess unraveled, as hundreds of Philippines-bound were not allowed to board their flights by airline staff who said PEYA did not pay for their tickets.

PEYA owner Peter Brian Boyce was arrested Dec 27, two days after his wife and co-owner Rhea Donna Bayona-Boyce, or Yanyan, who also acted as general manager, was taken by police from their Wanchai flat.

Police said the couple was being investigated for possibly defrauding customers of some $2 million in bogus airline bookings. On Apr 23, the Police Public Relations Bureau told The SUN that the couple was ordered to report again to the police in early May.

Saret said PEYA victims still trickle into ATN to file complaints, adding they are likely those who had bought replacement tickets on their own, and only recently learned they could still recover their loss with help from the Consulate.

HK art exhibit featuring works of Filipino migrant workers opens tonight

"Beyond Myself' opens in HK after
successful runs in London & Manila

Filipino domestic workers in Hong Kong are among those whose works will be on display at the ‘Beyond Myself’ exhibition which will be launched at Hive Spring in Aberdeen at 7-9pm this evening.

The exhibit in Hong Kong follows successful runs at Goldsmiths, University of London and UP Vargas Museum in Manila. It is co-organised by Enrich HK and Curating Development project (a collaboration of Goldsmiths, University of London, University of Hong Kong and Keele University

‘Beyond Myself’ represents the experiences of some of nearly 400,000foreign domestic workers in Hong Kong, majority of whom are Filipinos.

The exhibit focuses on their contributions and sacrifices through language, as well as the images and objects that are produced in their daily lives. It also identifies the major obstacles they face in making their hard work turn into economic benefits for themselves and their families.

Enrich executive director Lucinda Pike explains: "Beyond Myself is unique because the artwork, photography and stories are created and told by migrant domestic workers themselves, through their day-to-day experiences, dreams, struggles and achievements. Enrich strives to empower domestic workers with financial education and a particular theme that is creatively explored in the exhibition are their financial goals and difficulties."

Accompanying events include a special reception for domestic workers on Apr 29, and the screening of the documentary, The Helper, on May 2.

Also featured in the exhibit are the works of various Filipino artists, including Nathalie Dagmang, Hong Kong-based domestic worker group Guhit Kulay, rights organization Voices of Women Media (VOW Media), and National Geographic photo contest runner-up Joan Pabona.

The exhibit is open to the public and will run until Monday to Friday, 9am-7pm, and on selected Sundays, until May 14.

Arnel Pineda topbills HKMU’s 70th year concert on Apr 29

HKMU's 70th anniversary concert poster

by Daisy CL Mandap

A Filipino singing legend is returning this weekend to Hong Kong, his home for many years, to pay tribute to a group he was once part of. 

Arnel Pineda, soloist of the world-famous American rock band, Journey, will join his former Hong Kong band mates on stage this coming Sunday, Apr 29 at the Cultural Centre Piazza in Tsimshatsui, for the Hong Kong Musician Union’s concert to celebrate its 70^th year.

Arnel Pineda at his Manila concert in Sept

Pineda, 50, will sing with his former Most W@anted band mates in what HKMU chair Manuela Lo said will be “a kind of reunion for them.”

Lo said she and former HKMU chair Jun Cortes, both convinced Pineda to find time to support the milestone in the union’s history.

“He was with HKMU for years when he was still here in Hong Kong,” said Lo.

Pineda, along with his Most W@anted band mates, sang six days a week in a club in Central in the early 2000s. On Sundays, their only day off in the week, they often obliged requests to sing at community events, including the annual Philippine Independence Day celebrations.

Pineda moved back to Manila in 2006 to join a new band, The Zoo, and was discovered on YouTube the next year by Journey’s lead guitarist Neal Schon. By the early 2008, he was already part of Journey, and began touring with the legendary band in the same year.

(Check The SUN's earlier story on Arnel Pineda and his life's Journey here: http://sunweb.com.hk/Story.asp?hdnStoryCode=4185&)

Over the years, Pineda would visit Hong Kong and jam with his friends, do short singing stints at community events, or perform solo, like the one he did last January at the Dog House in Tsimshatsui.

HKMU chair Manuela Lo

Lo said he will resume his world tour with Journey next month.

Pineda is not the only luminary to perform at the concert to mark a milestone in the Filipino community’s oldest organization.

Also part of the program are a motley of talents, including the Hong Kong Youth Jazz Orchestra with Taka Hirohama, Boyet Herrera and the ICEBOX Band, Chris Polanco & His Azucar Latina Band, Suzan Guterres, Anders Nelson, and two groups of selected HKMU artists.

Lo described Guterres as a popular TV personality in Hong Kong, and the daughter of a veteran singer who was also famous during her time. Nellson, Hirohama and Polanco are all popular performers who are active supporters of HKMU.

The concert is a dream come true for Lo, who is on her third two-year term as HKMU chair.

“It has been tough putting it together, but we are determined to do it,” said Lo.

Organizing charity concerts is just one of the many challenges confronting Lo and the HKMU at the moment. Seven decades since it was founded, the Union is struggling to keep afloat, mainly because of the rapid drop in demand for live performances.

“Life has been tough in the music industry for the past few years. We are trying our best to find jobs for the other musicians and help them as much as we can,” said Lo.

Corollary to this is the Union’s effort to keep members within the fold so they could continue enjoying benefits, as well as the life insurance that assures their families of financial help in case of their untimely death.

Tough as the challenges are, Lo is resolute on forging ahead. She is now looking at offering more music courses at the HKMU’s clubhouse in Kowloon as a way to help both members and the Union financially.

Having gone this far, she is determined the HKMU, and the music it provides, must never end.

HK Pinoy bowlers to join Asian tournament in Makati

Consul General Tony Morales gives pep talk to Filipino bowlers in HK

By Vir B. Lumicao

Top keglers in Hong Kong’s Filipino community are leaving for Manila on Apr 26 to vie for trophies and renew friendships in the Asian Filipino Bowlers Friendship Games 2018 in Makati this weekend.

Twenty members of Filipino Bowling Club Hong Kong divided into five teams will compete against male and female OFW bowlers from around the region and Australia, according to FBCHK founder and chairman Jenny Gafate.

“We are not aiming to be a winner kasi madaming magagaling. But we always aim for our friendship on the lanes as always. To be part of this international tournament is already a winner for us,” Gafate said.

Jenny Gafate has led the FBCHK for years

The Makati campaign follows FBCHK’s fruitless participation in Singapore last year, in contrast to its first year in the annual tournament also in the Lion City in 2015, when it emerged as team champion.

The team collected more trophies in the 2016 edition of the Friendship Games in Melbourne.

“Sa Australia, ang nakuha namin ay overall second runner-up singles for men by Jon Suarez, and Emy Clarke was overall first runner-up and Rina Spalding second runner-up singles for women,” Gafate said.

Despite being unable to snare a trophy last year, FCBHK considers the campaign fulfilling, according to Gafate. “Actually, we always have fun every time we attend this annual tournament... it’s the time to renew our friendship on the lanes,” she said.

Gafate said hopefully, it will be FBCHK's turn to host the Friendship Games in 2019.

Her group has been hosting top-league bowling tournaments in Hong Kong, with legendary Filipino players Rafael "Paeng" Nepomuceno and Olivia

"Bong" Coo coming over as guests.

The venue for this year’s tournament will be the Superbowl Bowling Center, a 42-lane tenpin facility at Makati Cinema Square.

The team that will see action in Makati will be led by Gafate. The other team members are Ador Bernardino, vice chairman-external; Gracia Pierrepont, vice chairman-internal; Merlie Tacderan @ Mary Gulles, secretary; Melody Sotero and Racquel Shepstone, treasurer;  and Rina Spalding, auditor.  

The tournament directors are Gerome Barja, Marlyn Brutus, Danna Geary and Minda Marfori. The advisers are Emy Clarke and Benray Francisco.

Maalingasaw ang pagsibak ng DOLE kay Labatt

Tila natigatig ang mga opisyal ng Department of Labor and Employment sa hindi nila inaasahang malawak na suporta ng mga OFW dito sa Hong Kong kay Labor Attache Jalilo dela Torre, na biglaang pinababalik sa Maynila.

Paiba-iba ang sinasabi ni Labor Secretary Silvestre Bello III na dahilan ng pagpapatawag niya kay Labatt Dela Torre. Noong unang tinanong siya ng The SUN tungkol sa balitang sisibakin niya ang pinuno ng Philippine Overseas Labor Office sa Hong Kong ay sinabi niyang “fake news” iyon.

Ngunit wala pang isang buwan pagkalipas niyon ay nagpadala si Bello ng memo kay Dela Torre na ganito ang nakasaad: “In the best interest of the service, you are hereby recalled to Home Office effective immediately.”

Nang mag-rally ang mga OFW laban sa recall order dalawang araw matapos ipadala ito ni Bello ay sinabi naman ni Bello sa ibang mga mamamahayag na pansamantala lamang iyon. Ngunit taliwas sa sinabi niyang “temporary” lamang ang recall, ipinasuko na niya ang lahat ng pera, mga gamit at dokumento na pag-aari ng POLO sa kanyang assistant labatt.

Ayaw ring tanggapin ni Bello na kusang nagpuprotesta ang mga OFW dahil mahal nila ang labor attaché na nakita nilang tunay na nagmamalasakit sa kanila. Ayon sa isang pahayagan sa Pilipinas, sinabi diumano ng pinuno ng DOLE na si Dela Torre ang nanawagan sa mga manggagawang Pinoy sa Hong Kong upang mag-rally para sa kanya.

Ayaw maniwala si Bello na ang malawakang protesta sa magkasunod na Linggo at sa mga darating pang mga araw laban sa kanyang desisyon na pauwiin si Dela Torre ay taos sa pusong isinasagawa ng mga OFW bilang pagsuporta sa isang opisyal ng POLO na tapat na naglingkod at nagtanggol sa mga karapatan nila.

Nagpahiwatig ang kalihim ng paggawa sa kanyang memo ka Dela Torre na mayroong hindi magandang ginawa ang pinuno ng POLO, gayundin sa mga sinasabi niya sa iba’t ibang taga-media. Ngunit, ayon na rin kay Dela Torre, hindi sinabi sa kanya ni Bello kung ano ang kanyang nagawang mali o di-kanais-nais.         

Sinabi naman ng malalapit kay Bello na ang dalawang dahilan ay ang “favoritism” diumano ni Dela Torre sa pagbibigay ng accreditation sa mga employment agency dito sa Hong Kong  at ang pag-iisyu niya diumano ng mga overseas employment certificate sa mga OFW na nasa Shenzhen of mga kalapit na lugar sa China.

Tungkol sa unang paratang, sinabi ni Dela Torre sa manunulat na ito na wala siyang natatandaang ahensiyang tinanggihan niyang bigyan ng akreditasyon. Sa tingin niya ay pinalulutang lamang ng mga may galit sa kanya ang bintang na may pinapaboran siya.

“Accreditation is inherently a discretionary act, and it is up to the Labor Attache to recommend accreditation to which agencies to (the Philippine Overseas Employment Administration),” ani Dela Torre.

Sa katunayan ay nagpatupad siya diumano ng bagong sistema ng akredistasyon na tinatawag na “8Ps” upang alisin ang “discretionary” o di-sapilitang aspeto ng proseso sa akreditasyon upang ito ay higit na magiging hayagan at naaayon sa mga matuwid na pamantayan sa pangangalap ng mga manggagawa.

Tungkol naman sa pagbibigay diumano ng OEC sa mga OFW sa China, sinabi ni Dela Torre na sang-ayon iyon sa POLO Manual.

Kung gayon, ano ang maaaring dahilan kung bakit pinauuwi si Dela Torre nang hindi sinasabi sa kanya ni Bello kung ano ang nilabag niya sa mga alituntunin ng DOLE? Bakit ganoon na lang ang pagmamadali niyang pabalikin sa Maynila si Dela Torre nang hindi sinasabi sa kanya ang mga dapat niyang saguting paratang?

Ang sapantaha ni Labatt Dela Torre ay posibleng may kinalaman sa pag-recall sa kanya ang pagtanggi nito sa mga karagdagang job order para sa mga “bar dancer” na Pilipina pagkatapos niyang matuklasan na ang unang pangkat ng 25 mananayaw na inaprubahan niya ay nagtatanghal sa mga bar sa Wanchai na kaunti lang ang saplot.

Simula noong inaprubahan niya ang unang pangkat ng mga bar dancer ay nagkaroon uli ng 123 job order para sa mga mananayaw na balak ipadala sa Hong Kong ng dalawang ahensiya sa Maynila, ayon sa listahan ng mga active job orders ng POEA.

Nabinbin ang mga job order dahil sa hindi pagpasa ni Labatt Dela Torre sa mga ito matapos matuklasan ang hindi magandang kinalagyan ng mga nauna sa mga bar sa Wanchai. Saan pa hahantong ang mga kababayan nating iyon?

Kung ang paghadlang na ito ni Dela Torre sa maaaring kauuwian ng mga iluluwas ng Pilipinas na dancer ay itinuturing ni Bello na paglabag ng kanyang labor attaché sa mga alituntunin ng serbisyo ng DOLE, nasaan ang moralidad ng tanggapang iyon ng gobyerno?

May umaalingasaw sa desisyon ni Bello at hindi kapani-paniwalang si Pangulong Duterte ang nag-utos niyon. Tila higit na karapat-dapat kay Bello ang palakol.

Pinoy sales exec admits possessing photos and videos of child porn

Gelizon's computer had  32 photos and 138 video clips of child pornography

by Vir B. Lumicao

A Filipino sales executive was taken into custody on orders of the District Court on Apr 23, after he pleaded guilty to child pornography. He admitted downloading and storing 170 video clips and photographs showing children in erotic poses and doing sexual acts two years ago.

Lordjel Gelizon, 33, will be sentenced on May 7. Judge Isaac Tam ordered him detained pending a psychological report, and a psychiatric assessment of the case’s impact on him.

Gelizon, single and a sales executive for an electronics company, was arrested in a police raid on a flat in Tsimshatsui at 6:30am on Apr 19, 2016, during an anti-child pornography operation. He had been living with his parents and a younger sister in the flat.                     

The accused will be sentenced at the
District Court in Wanchai on May 7.

Prosecution said the officers recovered 32 photos and 138 video clips that Gelizon had downloaded from child pornography websites. The illicit content was stored in 22 files recovered from a notebook PC that the defendant owned and used exclusively.

The charge sheet said the images showed children aged from one and a half years to 15 years in erotic poses and sexual acts, including “penetrative activity” with adults who were not using condoms.

The prosecution submitted to the court a folder of photos and still shots from the videos.

Gelizon remained silent on the day of his arrest, the prosecution said. But in his first video-recorded interview by police, he admitted downloading and storing the material in his PC. He said it was for his own viewing and he did not disseminate them.

In a second video-recorded interview, the defendant was shown the video clips and photos, but he reportedly refused to view them, saying he had since changed his lifestyle.

His lawyer passionately argued for a lenient sentence, but Judge Tam he will wait for the two reports on May 7 before handing his sentence.

The defense said the psychiatric report was necessary as Gelizon had been under “tremendous stress” due to his fear of the unknown while anticipating his “day under the guillotine”.

In mitigation, his lawyer said Gelizon had a clear record. He was born in Hong Kong where he attended elementary school, but left for the Philippines for his high school and college education.

Although he was unable to finish his college course, Gelizon managed to set up a hollow block production business where he employed 12 relatives. But he sold the business after a decline in production.

He returned to Hong Kong and worked for various companies, where he rose from a customer service officer in a logistics solutions firm to sales executive in an electronic services company, the defense counsel said.

He resigned from his job after his arrest and has been unemployed since.

Naiwanan ng eroplano dahil sa hipag

Pabalik na sa Hong Kong mula sa ilang araw na bakasyon sa Pilipinas ang maghipag na sina Helly at Lyn na naninilbihan sa iisang bahay, nang maiwanan sila ng eroplano. Huling huli na kasing dumating sa airport si Helly, na matagal na sa amo, samantalang si Lyn na ilang buwan pa lamang na naninilbihan ay maagang nagpunta sa airport, ngunit hindi maka check-in dahil ipinaubaya sa kasama ang mga dokumento.

Agad nilang tinawagan ang amo para ipinaalam na hindi sila nakasakay pabalik sa Hong Kong, at agad naman silang binilhan ng ticket pauwi, pero kapalit ng tig-isang buwan nilang sahod.

Masama man ang loob ni Lyn ay wala siyang magawa dahil kahit mas matanda siya sa hipag ay ito ang tumulong para makapagtrabaho siya sa Hong Kong. Gayunman, ang mga kakilala nila ay naawa kay Lyn dahil masyado siyang kinakawawa ni Helly.

Nariyang ayaw siyang pagamitin ng cell phone ni Lyn, bagaman hindi naman ito pinagbabawal ng kanilang amo. Ayon pa sa ilang mga kakilala nila, minsan ay binigyan nila ng telepono si Lyn para may magamit pero kinuha ito ni Helly at sinira.

Gusto daw kasi nito ay siya lang ang humahawak ng telepono, at pinapagamit lang ito kay Helly kung kailangan nitong makipag-usap sa pamilya.

Tuwing araw ng pahinga ni Lyn ay palagi siyang pinapauwi ng maaga ni Helly, dahil ayaw daw nito na nakikihalubilo ang hipag sa kanilang mga kaibigan sa Hong Kong. Dahil sa lagi siyang pinapauwi ng maaga ng diktador na hipag ay nagsabi si Lyn sa amo na huwag na lang siyang mag dayoff para kumita ng pandagdag sa  kanyang sahod. Nang malaman ito ni Helly ay gumaya para may dagdag din siyang sahod.

Ang isa sa ikinakagalit ni Helly sa hipag ay nawala daw iyong dagdag na $200 sa kanyang sahod buwan-buwan magmula nang magkaroon siya ng kasama. Nang ma-recontract siya kamakailan ay inalis ang dagdag na $200 at ibinalik sa minimum ang sahod niya.

Ang maghipag ay naninirahan sa bahay ng kanilang amo sa New Territories, parehong may anak at asawa. – Marites Palma

Palautang, kaya iniiwasan ng kapwa OFW

Natatawa na naiinis ang mga kakilala ni Jona na mga kapwa kasambahay sa kanilang liblib na lugar sa Taipo dahil kahit napkin ay inuutang. Malayo kasi ang kanilang tirahan kaya walang maliliit na tindahan, kaya kailangang bilhin mo lahat mga personal mong kailangan tuwing day off para di ka maubusan ng gagamitin kapag ikaw ay biglang dinatnan.

Pero kakaiba si Jona dahil hindi niya pinaghahandaan ang kanyang buwanang dalaw, kaya kung kani-kanino na lamang siya nanghihingi ng napkin kapag dinatnan siya. Tuloy, halos nahiraman na niya lahat mga nakikilala niya na nakakasabay sa pagpastol ng alagang aso.

Mahilig din daw siyang manghiram ng tag $20, at lahat din ay nahiraman na.

Mabuti na lang at nagbabayad naman kapag naalala siyang singilin, pero kapag hindi pinaalalahan ay no pansin siya sa lahat, at nakatutok na lamang daw ang mukha sa telepono niya.

Kapag may kailangan naman ay kusa siyang lumalapit at namamansin, kaya kapag nakikita na siyang parating ng ilan ay agad siyang iniiwasan dahil baka hihiram na naman ng napkin o kaya ay $20. Si Jona ay nagmula sa Maynila, may asawa at anak, at malapit nang matapos ang kontrata sa mga among Intsik sa Taipo. – Marites Palma

May nangangarap na mapunta sa US, may hindi

Naging matalik na magkaibigan sina Lyn at Susan na parehong hiwalay sa asawa, dahil iisa ang kanilang mga hilig, at parehong kasapi ng isang organisasyon sa Hong Kong. Nagkataon pa na pareho silang may kasintahan na nasa Amerika.

Matagal ng pine-petisyon si Lyn ng kanyang nobyo na isang Pinoy na naninirahan na sa Amerika pero ayaw niya dahil alam daw niyang kailangan niyang kumayod doon nang husto para mabuhay at mabili ang mga gusto.

Wala naman daw katiyakan na ibibigay lahat ng nobyo ang mga gusto niya, at higit sa lahat, iba pa rin ang may sariling pera. Magaan kasi ang trabaho niya sa Hong Kong, at kung tutuusin ay pwedeng pwede na siyang umuwi sa Pilipinas dahil nakapagtapos na at kasalukuyang nagtatrabaho na ang kanyang mga anak.

Kabaligtaran naman ang sitwasyon ni Susan dahil gustong gusto nito na pumunta ng Amerika pero hindi niyayaya ng kasintahan na Pinoy din. Ayon kay Susan, handa siyang gumastos para lang makapunta doon, pero sa ngayon ay marami pa siyang pinagkakagastusan dahil nasa kolehiyo pa ang dalawa niyang anak na mag-isa niyang itinataguyod.

Minsan, napapaisip si Susan na hiwalayan na an

g kasintahan at maghanap ng iba na handa siyang dalhin sa Amerika sa lalong madaling panahon. Payo ni Lyn kay Susan ay maghintay na muna dahil darating din ang pangarap nito na makapunta sa Amerika. Minsan tinutukso ni Susan na dapat ay nagkakilala sila ng nobyo ni Lyn dahil gusto itong ipetisyon pero ayaw naman, samantalang siya ay atat na atat nang makapunta doon.

Ayon naman kay Lyn, iba-iba lang talaga ang suwerte ng mga tao. – Ellen Asis

Filing of claims: some usual questions

While attending to fellow migrants seeking assistance at the Mission, many questions in their mind get in the way of pursuing cases. Their doubts cause apprehensions because most want an assurance that they can still stay in Hong Kong or leave and come back. They want to know if they can transfer employment, or if they are committing any offence if they pursue a case, or even if they cancel a case. This is very much understandable because it concerns the future of their family back home – the one thing that is most important to them.
What are these questions?

If I file claims against my employer in the Labour Department, will I still be allowed to work in Hong Kong?
The Labour Department attends to disputes between you and your employer. Meanwhile, the Immigration Department deals with your permission to stay in Hong Kong (visa) and the status of your stay.
Labour cases are not criminal in nature and they cannot be used as a ground to prevent you from staying or returning to Hong Kong even if it was you who initiated the termination of contract. In fact, some cases can be considered as “constructive termination” like when employers are deemed to have cut the contract through a violation of its provisions or making it hard for you to comply with your obligations.
If you win your claim for wage in lieu of notice for underpayment, or assault is the reason why you were compelled to terminate the contract, these are circumstances that may help convince the immigration officer about the reasonableness of your act.
So remember to claim all that is due you according to the contract. You may ask assistance from service providers like the Mission (2522-8264) to identify them.
But even if for some reason, you failed to explain well your grounds and you did not get what you are claiming at the Labour Department/Tribunal, you still did not commit a crime to make the Immigration Department prevent you from getting a new employment and come back to Hong Kong.
There are just some conditions that may be considered because the status of a foreign domestic worker (FDW) is bound by the contract that is restricted by several Immigration policies, one of which is the “New Conditions of Stay” (1987) or the so-called Two-week Rule. Employment status, length of stay, requirements to exit Hong Kong in-between contracts and related exceptional cases are bound by this rule.

Do I need a lawyer in the Labour Tribunal?
The Labour Tribunal (LT) was established to quickly resolve employer-employee disputes that were not resolved at the level of the Labour Relations Division (LRD). The LRD will refer the disputes to either Minor Employment Claims Adjudication Board (MECAB) or LT, depending on the amount of claims.
Though it has the semblance of a formal court as far as the setting is concerned, it is more of an informal court in the sense that the only allowed parties in the tribunal are the Claimant, the Respondent and the Presiding Officer (acting like a judge in a formal court). Lawyers are not allowed to represent the Claimant nor the Respondent.
But submission of statements is required from both the Claimant (including his/her monetary claims and its computation) and the Respondent. Also, the questioning is allowed (so-called cross examination in formal courts), depending on the decision of the Presiding Officer, by either the Claimant or the Respondent in relation to the statements submitted to the Tribunal. Each item of the claims can be disputed.
The important thing here is because the Tribunal does not allow the presence of lawyers, then the FDW claimant must seek the assistance of institutions like the Mission to assist them on how to write their statement and prepare them for the hearing.

If I file claims against my employer, will they call the police to arrest me?
A labour claim is a civil one, meaning it is not criminal in nature. That is why it is being heard or attended to in a conciliation manner and not in the Court of Law. Even if the employer files a counter claim, it is done at the LRD and not the police. Police cases are criminal in nature while a labour claim is by and large a civil case/claim. The employer cannot use the employment contract provisions to file a swindling case, for example, which is criminal in nature. So, police intervention is just to prevent any untoward incident that might aggravate the situation and lead to a criminal one like physical assault.
But all the contract-related disputes will be resolved at either the LRD or MECAB or Labour Tribunal, not in a regular court. If you are threatened by the employer or by the placement agency by calling the police, ask why they were called and what the complaints are. If it is a crime they are accusing you of, say nothing to the police and let the one that called the police establish their complaint. If you are being arrested, you have the right to remain silent because whatever you say can be used against you. Consult a lawyer or service providers like the Mission.

If I file claims against my employer, could they file counter charges?
Either a FDW or employer can file claims or counter-claims against the other party. No one can prevent that as long as the Presiding Officer (PO) allows it. Of course there are cases where the PO might consider the claim as nuisance but it is totally dependent on the PO. The Respondent can examine each claim and dispute it especially if there is no proof. If the FDW-claimant does not question the counter claim and just kept quiet about it, the PO might take it as an admission that the counter claim is true and correct. If it is not true and was only filed to harass you, contest each item in the counter claim with sufficient evidence.
It there are any unclear explanations above, please contact us at the Mission office (25228264) or through The Sun.