Romancing the mountains, discovering gems

One of the four waterfalls in Ng Tung Chai along the trail up Tai Mo Shan, the highest peak in Hong Kong.

By Vir B. Lumicao

Hiking around Hong Kong is carried out most actively by various groups and individuals this time of the year to seize on the city’s mild winter, including the recent Lunar New Year break, to explore nature.

This writer has done at least eight hikes, with groups or solo, since December as the cool and overcast weather has made the period ideal for the strenuous outdoor activity.

Surprises abound along the trails, such as the alluring red leaves of the Sweet Gum Woods in Tai Tong Shan that attracted thousands of hikers to Tai Lam, Yuen Long.

There were no more than 200 sweet gum trees along that 350-meter section of of the road. But the leaves turning amber in late November to deep red between mid-December and early January cast a magical spell on patient hikers who trod uphill from Tai Tong.

The arboreal color display is not exclusive to Tai Tong.

In a one-on-one hike with a friend to Sharp Peak in Sai Kung on a Saturday before the Lunar New Year, we retraced a route along MacLehose Trail from Pak Tam Au to one of Hong Kong’s most hazardous peaks.

On the descent towards the abandoned 200-year-old-plus Chek Keng Hau, we espied a virtual yellow forest of bushes no taller than 15 feet spread over about four hectares of flat, gravel-strewn land on the delta of a stream next to the former fishing village.

The species was unnamed, so, I tried looking it up in Google and the Hong Kong Herbarium website these past few days, but had no luck.

Wisdom Path offers spiritual relief after a strenuous climb to the 934-meter-tall Lantau Peak. 

One way of finding out what species made up the yellow forest is to revisit the spot in late spring or early summer to identify it taxonomically through its leaf and flowers, fruits, or pods. Until then the plant species of the yellow forest will remain a mystery.

Equally awesome as the red or yellow leaf spectacles are the tiered waterfalls on a steep side of Tai Mo Shan, Hong Kong’s tallest mountain at 957 meters, which a hiker can reach from the Ng Tung Chai section of the MacLehose Trail.

The steep narrow path of rock slabs, gravel and red soil winds upward beside the four waterfalls and cuts through some of the mountain’s old hardwood forests before stretching out on the moderately sloping, brushy upper reaches of Tai Mo Shan.



The waterfalls and their rocky basins provide magnificent backdrops for photo-taking or plain pit stops for snacks and drinks before continuing the assault on the peak.

A hike on Hong Kong’s hills and mountains is actually a feast for nature lovers and the serious naturalist. The ranges offer myriad of flora and fauna species that one would not expect to see in a cosmopolitan city like Hong Kong.



People should thank the preservation of these biological gems in the city’s ecosystem.

Where gathering plants or hunting wild animals is an offense, it is common for hikers to encounter wild boars, golden macaques, wide varieties of birds and rare flowers, as well as delicately beautiful minnows in streams along the trails.

Atop the treacherous Sharp Peak, we saw dwarf Asian oaks with bright red leaves growing in crevices, as if they were danger markers. We saw the same species on the higher reaches of Mt Parker and farther southeast atop the Twin Peaks.



On one of our hikes with friends on Lion Rock Country Park, we came across a wild boar that went about looking for food as it crossed our path. Nearby was the Amah Rock, where we witnessed a lone monkey snatching the handbag of a local woman and pulling out a bag of three bananas. It then ran off to a rock ledge where it feasted on its loot in front of us.

My 9-year-old granddaughter had her first encounter with the porcine trekkers when we saw a mother and its young on the slopes of Mount Parker standing alert under the trees as hikers took photos of the animals. 



On Lantau Peak, where I and a handful of friends went for a hike recently, I came upon a rare, tiny jewel of Hong Kong’s ecosystem, a lone pink blossom, near the cloud-shrouded top of the city’s second-highest mountain. Its brilliant color was a perfect contrast to the moist brown and green grass mantle of the slope.

There could have been more rare gems to find on that steep peak overlooking Ngong Ping and Shek Pik reservoir, but the thick veil of wind-blown fog covered everything beyond 20 meters as if it were a barrier between heaven and earth.

When the employer dies

By Cynthia Tellez

It is now very common to see migrant domestic workers (MDW) caring for the elderly. You see them on the streets, in parks, restaurants, hospitals, and homes for the elderly. It is also no longer unusual for the elderly employer to pass away within the employment contract period. Often, relatives of an elderly employer who passed away take over the responsibility of settling all claims related to the untimely termination of the contract. However, there are also those who live alone with the elderly, and face an uncertain wait for someone who would take responsibility over the obligations left by the deceased employer. This may also happen to those whose wards live with their family, but no one wants to take responsibility for paying the worker’s claims.

On top of these, there are certain misconceptions with regards the employment contract:
1. There are those who think that when the employer dies, the employment contract will automatically transfer to the next of kin staying in the same address as that of the deceased employer; or
2. That the unpaid benefits, salaries, and other contractual obligations of the deceased employer cannot be claimed anymore because the employer is already dead; or
3. That because the death of the employer is considered as an exceptional situation they are allowed to look for a new employer even after two weeks from the death of the employer.



These are just some of the examples. There may be more.  So, let us first clarify and correct these misconceptions.

1. When the employer dies, (‘employer’ refers here to the person who signed the contract), the employment contract ends. There is no such thing as ‘automatic’ transfer of contractual obligations. It should be taken as if the contract was terminated if it is in the middle of a two-year contract. The next of kin cannot just decide to continue the contract without signing a new contract under his/her name. The domestic worker’s visa will expire in 14 days. If one of the members of the family wants to continue hiring the domestic worker, a new contract must be signed and should undergo the usual processing. All new policies like upgraded minimum allowable wage will be applied in the new contract. It is not a continuation of the previous one. It is a new contract under a new employer.  In some instances, if there are personal belongings of the deceased that need to be sorted out, packed or dealt with for whatever reason, the next-of-kin could inform the Immigration Department that such is the situation and the MDW’s continued services are still needed, but only for the purpose of settling matters directly connected with the deceased employer.



2. With regards to all unpaid wages (benefits and salaries), of course, these can still be claimed by the domestic worker through the official representative of the deceased or the person in-charge of the properties and estate, if any, of the deceased employer. If disputes arise like unwillingness to pay, then it will pass through the usual process of filing the claims through the Hong Kong Labour Department. The domestic worker will file claims against the representative at the Labour Relations Division (LRD). If it is not settled there, it will be referred by the LRD to the Labour Tribunal (LT) or the Minor Employment Claims Adjudication Board (MECAB), depending on the total amount of claims. If it is still unresolved, then the domestic worker will bring the decision of the Labour Tribunal or MECAB to the District Court. At the level of the District Court, a lawyer may be needed to represent the claimant and help prepare documents needed. At some stage, you may be able to represent yourself but court orders or instructions are better understood by lawyers. The judge will tell you this. Service providers like the Mission can provide the necessary assistance in filing the claims at the District Court and referring the matter to a qualified lawyer. The Mission can also help in referring the matter to a government agency that can assist the claimant who has no means of hiring a lawyer.



3. When an employer dies, it is public knowledge that such situation exempts the MDW from returning home to her country of origin before a new contract is approved. But the processing of the new contract should still be done within the 14-day grace period. This means that the domestic worker should have found a new employer, and started to process the new contract, before the lapse of the two-week period since the employment contract was deemed terminated. If she or he failed to find a new employer and the visa has been changed to a visitor’s visa because the required 14 days have lapsed, the Immigration Department might still require the worker to leave Hong Kong and process the contract from the country of origin. This is because, technically, the worker is already holding a visitor’s visa, and not one for employment which could be transferred to another employer. But there is no harm in trying to ask Immigration for consideration in such cases.



4. Another matter that we must be aware of is, if the death of the employer happened after two years of employment, meaning within the period of the second contract, then the domestic worker can claim for severance pay. This is because the termination of the contract can be considered as a redundancy or a “lay-off”. In this case, the required number of years in service is only two years. The claim for severance pay can be included in the charges to be filed at the Labour Relations Division against the estate of the deceased, if the representative refused to pay the said benefit. (Note: the amount of severance pay is two-thirds of the last month’s salary multiplied by the number of years of service.)

Should there be any other similar situation that is unclear or difficult to ascertain, do not hesitate to contact the Mission For Migrant Workers at 2526 2894.
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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. 2522 8264.

Sa Pilipinas pa lang, higpitan na ang check-up

Ni Vir B. Lumicao

Pagkatapos ng pagsulak ng dugo ng mga OFW sa balak na pagpapatupad ng patakarang sapilitang pagpapasuring medikal at “fit to work certificate” ay tumahimik ang mga kababayan nang bawiin ito ni Labor Attaché Jalilo dela Torre kamakailan.

Ngunit nakita natin ang matinding pangangailangan ng regular na pagpapatingin at pagpapagamot ng mga OFW dito sa Hong Kong nang pumanaw noong bago mag-Lunar New Year ang dalawang kababayan natin na bigla na lamang nawalan ng malay sa bahay ng kanilang mga amo.

Ang pagkamatay ng dalawang kasambahay na babae dahil sa hinihinalang “stroke” ay nagpapaalaala na kapag may nararamdaman ka ay magpatingin ka upang matiyak na ikaw ay nananatiling malusog habang nagtatrabaho rito.

Nang pulungin ni Labatt Dela Torre ang mga lider ng komunidad noong Enero 20 ay iginiit niyang pangunahin pa ring pangangailangan ng mga manggagawang Pilipino rito ang pagpapatingin sa duktor.

“Kung minsan, hindi sapat ang mabuting intensiyon. Ngunit ang pagpapatingin ng lahat ng mga manggagawa natin ay siya pa ring pangunahing panga-ngailangan nila,” sabi niya.

Ayon kay Labatt Dela Torre, kailangang gumawa ng paraan ang mga OFW na may nararamdaman na makapagpatingin agad sa duktor.



Sinabi niya sa pagpupulong na ang nag-udyok sa  kanya para atasan ang mga ahensiya ng empleo na ipatupad ang “mandatory health check” ay ang natuklasan sa “Health-Wise Project” ng POLO na marami ang mga may sakit sa puso, kanser, diabetes at iba pang mga karamdaman.

Ikinabahala ng mga opisyal ng POLO ang natipon nilang datos sa Health-Wise na nagpapakitang mas mataas ang bilang ang mga may alta-presyon at mataas na blood sugar sa mga kababayan natin dito sa sa Hong Kong kaysa sa mga nasa ibang lugar na kanilang napuntahan.



Ang katanungan ay kung nakuha ng mga manggagawa sa paglilingkod dito ang kanilang mga karamdaman dahil sa kakaibang mga kundisyon sa kanilang mga tahanang pinagsisilbihan, o kung dati na silang may karamdaman noong dumating sila rito.

Ilan sa mga naitalang may malalang karamdaman o biglang biglang binawian ng buhay ay kararating pa lang dito.

Sa ganitong pangyayari, malamang na malaon na silang may nararamdaman bago dumayo rito sa Hong Kong upang mamasukan. Samakatuwid, hindi sila nasala ng medical examination na dinaanan nila sa Pilipinas.



Kaduda-duda tuloy ang mga medical exam na binayaran ng mga OFW sa Pilipinas nang mahal bago sila pumarito.

Hindi lingid sa lahat na maraming ahensiya sa Pilipinas na nagpapadala ng mga OFW sa iba’t ibang bansa ang may mga kausap na o mga sariling klinikang may akreditasyon ng Philippine Overseas Employment Agency upang siyang titingin sa mga manggagawang ipadadala nila sa ibayong-dagat.

Personal naming naranasan ang ganoong sabwatan ng ahensiya at ng klinika na halos walang ginawang pagsusuri basta mabayaran namin ang kanilang serbisyo at ang kanilang tatak sa aming medical clearance.



Sa isang bansang talamak ang kabulukan tulad ng Pilipinas ay nararapat na higpitan ng gobyerno ang pagsusuri sa kalusugan ng mga OFW bago sila mangibang-bayan.

Dapat unahin ng mga ahensiya roon at ng POEA ang pagpili sa mga karapat-dapat ipadala sa ibang bansa batay sa kanilang malusog na pangangatawan. Doon pa lamang ay hindi na dapat palabasin ng bansa ang mga matutuklasang may sakit.

Ito’y dahil hindi lamang buhay ng mga OFW ang nakasalalay sa usaping kalusugan kundi pati ang reputasyon ng Pilipinas bilang pangunahing nagpapadala ng mga manggagawa sa buong mundo.

DH in $294k jewelry theft not seeking bail

By The SUN

Kowloon City Court building

A Filipina domestic worker accused of stealing jewelry worth $294,000 from her employer did not apply for bail when she appeared in Kowloon City Court on Feb. 15.

But even then, prosecutors in the case said they would oppose bail for Charity Faith Ramos, who has been in custody since her arrest in December last year.

The prosecutor said the offense was serious and the amount involved, huge.

Magistrate Amy Chan adjourned the case to Mar 15 for further legal advice.

Ramos is accused of stealing16 pieces of gold jewelry from her employer in Kowloon Tong between February and November last year.

The police are said to be still trying to recover the stolen items.

Pinay in drug parcel case back in court

Meanwhile, a Filipina domestic helper who was arrested after accepting a parcel containing suspected dangerous drugs appeared in court again on Feb. 18.

Michelle Mardo, a 41-year-old mother of three, was told by Eastern Court magistrate Cheng Lim-chi that she could go to the High Court to apply for bail.

But Mardo’s lawyer did not apply for bail as he sought an adjournment for further investigation and legal advice.

Magistrate Cheng set the next hearing of the case on Apr 15.

Mardo was arrested on Sept 27 after she accepted a parcel from Ecuador containing 418 grams of suspected cocaine from an officer posing as a UPS delivery man.

She was charged with one count of drug trafficking.

Prosecutors said the substance in the parcel contained nearly 300 grams of pure cocaine.