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High Court rejects bail for Filipina appealing theft conviction

Posted on 12 September 2019 No comments
The judge noted that the trial magistrate
spent a long time analyzing the theft case
By Vir B. Lumicao
 
A Filipina resident jailed for five months for theft for keeping $28,000 in collected fees to a kindergarten operator on Lantau Island, failed in her bid to obtain bail pending an appeal against her conviction at the High Court.

Marivee Alconaba, who was found guilty on Aug 12 by a magistrate in West Kowloon Court, appeared before Judge Remedios D’Almada of the Court of First Instance on Sept 11 for the hearing of her bail application.

Alconaba was represented by a solicitor from S.C. Ho & Co. who challenged the magistrate’s verdict that found her guilty of the charge.

The court was told that Alconaba had been entrusted by the school operator, Mr Muhammed, to accept payments and deposit these to his bank account.

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But on Sept 18 last year, the day she was supposed to take the money to the bank, she had to go to hospital for a scheduled Caesarian section.

Had the magistrate considered the possibility that Alconaba would turn in the money but could not deposit it right away could have led to acquittal, the lawyer said.

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She said there was no evidence the woman had the intention to keep the money and that the prosecution was not able to prove guilt beyond reasonable doubt.

The lawyer said also said her client had worked one full year at the school and won the operator’s trust. She added that her client was now applying for bail as she was worried she would have served out her sentence before her appeal is heard.

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Judge D’Almada said that Alconaba should have gone to the bank to deposit the money first before going to the hospital. She also asked why the appellant kept the money at home for two months.

The prosecutor, for her part, commented that all the evidence gathered during the investigation showed that there was no genuine intention or guarantee that Alconaba would return the money.

Judge D’Almada noted that the Filipina’s case was a simple theft, but it had taken the magistrate 51 pages to state his verdict after thoroughly analyzing all the evidence gathered.

The judge said after considering the magistrate’s careful analysis of the case, she did not see any chance of success for an appeal. She thus rejected the bail application.





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Who's next in HKID replacement scheme?

Posted on No comments
New self-service facilities for registration are  now available.

The Immigration Department (ImmD) has announced that from September 24 (Tuesday) to November 15, 2019 (Friday), Hong Kong residents born in 1955 or 1956 should apply for a new smart identity card in person at a Smart Identity Card Replacement Centre (SIDCC). The SIDCCs will be open from Mondays to Saturdays, from 8am to 10pm (except public holidays).

 The Territory-wide Identity Card Replacement Exercise covers all Hong Kong residents, who should apply for new smart identity cards in person at SIDCCs during their specified periods, whether they are permanent residents or non-permanent residents taking up employment, investment, residence or study in Hong Kong.

Eligible applicants may make appointment bookings via the Internet (www.gov.hk/newicbooking), the ImmD mobile application or the 24-hour telephone booking hotline 2121 1234. To make an appointment booking via the Internet or to download the mobile application, please scan the attached QR codes. The ImmD appeals to applicants to pre-fill the application form when making appointment bookings through the Internet or mobile application in order to enjoy faster service. Applicants need to bring along their existing smart identity cards when they proceed to the SIDCCs.

For this replacement exercise, the ImmD is implementing a new caring arrangement under which eligible applicants may bring along up to two family members or friends aged 65 or above to replace their smart identity cards together during the same visit.

For Hong Kong residents born in 1964 or 1965, their specified period for identity card replacement will end on September 23, 2019 (Monday). Those who have not applied for the new identity card should do so as early as possible in order to avoid a last-minute rush. If eligible Hong Kong residents are absent from Hong Kong during their call-up period, they can apply within 30 days of their return to Hong Kong.

For details of the Territory-wide Identity Card Replacement Exercise, please visit the website www.smartid.gov.hk or call the enquiry hotline 2824 6111.
 
Smart Identity Card Replacement Centres:  
Name
Address
1. Hong Kong Island Smart Identity Card Replacement Centre
Room 200, 2/F, Shui On Centre, 6-8 Harbour Road, Wan Chai
2. East Kowloon Smart Identity Card Replacement Centre
Unit 1, 2/F, Manulife Financial Centre and Unit 1B, 3/F, Manulife Financial Centre, Tower A, 223-231 Wai Yip Street, Kwun Tong
3. West Kowloon Smart Identity Card Replacement Centre
12/F, Gala Place, 56 Dundas Street, Mong Kok
4. Tsuen Wan Smart Identity Card Replacement Centre
Shop S201, 2/F, Smartland, 50 Texaco Road, Tsuen Wan
5. Sha Tin Smart Identity Card Replacement Centre
Shop G26, G/F & Shop 123, 1/F, Kings Wing Plaza 1, 3 On Kwan Street, Sha Tin
6. Sheung Shui Smart Identity Card Replacement Centre
7/F, Spot, 48 Lung Sum Avenue, Sheung Shui
7. Tuen Mun Smart Identity Card Replacement Centre
Shop L414B, Level 4, Leung King Plaza, Leung King Estate, 31 Tin King Road, Tuen Mun
8. Yuen Long Smart Identity Card Replacement Centre
Shop 50, G/F, Manhattan Plaza, 23 Sai Ching Street, Yuen Long
9. Tseung Kwan O Smart Identity Card Replacement Centre
Shop 20-26, G/F, Corinthia by the Sea, 23 Tong Yin Street, Tseung Kwan O, Sai Kung


Too little, too late for rebates, say longtime OWWA members

Posted on No comments
Image may contain: stripes
It's been 3 years since the OWWA Law
providing for rebates was passed
By Daisy CL Mandap

More than three years since it was mandated by law, the Rebate Program of the Overseas Workers Welfare Administration for longtime members is now being implemented.

From Sept 1, the OWWA Rebate Portal was opened to enable longtime members to check how much they are entitled to. Those qualified for rebate should have (1) worked abroad for at least years; (2) paid at least 5 membership contributions; (3) should have not availed of any OWWA program or benefit.

But most of those who eagerly checked how much they were entitled to were disappointed, even shocked, to see how much their contribution was valued.

Liezl Mercado who said she religiously contributed to the OWWA Fund during the 17 years that she worked as a domestic helper in Hong Kong, shared a picture of the Rebate Portal showing she was entitled to only P1,129.50.

“Pwede nang pang Jollibee,” she quipped in frustration.

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Her friends invariably took up the joking tone, with one saying, “Ayos ah, pwedeng pang negosyo. Pambili ng kotse ang sobra.”

Another said: “I donate mo na lang sa kanila”

But a bigger surprise awaited one of Mercado’s friends.  Jo Campos, who worked in Hong Kong for 31 years, was shocked to see that she was entitled only to the same amount of P1,129.50 that Mercado is getting.

“Ano ang basehan ng computation?,” Campos lamented.
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But OWWA welfare officer Marivic Clarin said the amount of rebate given to each longtime member has been arrived at through an actuarial study.

“Pwede kang 30 years na OFW but nakapagbayad ka (lang) ng OWWA membership for 5 years lang,” she said.

Clarin shared a press release issued on Aug 31 that said the actuarial study commissioned by OWWA determined the capability of the OWWA Fund “to implement the rebate program without negatively affecting the regular programs and services of the agency.”

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Based on this study, the sum of Php1 billion was set aside to pay rebates to 556,000 entitled members as shown by the OWWA data base.

The press release also said rebates of between Php941.25 to Php13,177.50 will be paid to qualified beneficiaries.

Clarin said inquiries about the rebates could be made directly with OWWA because it is "not hiding anything.” She said OWWA’s financial records are open to the public because it is a government institution and reports to the Department of Budget and Management and the Commission on Audit.

Dolores Balladares-Pelaez, chair of United Filipinos – Migrante Hong Kong, is not appeased, and called the rebate program “kalokohan” after learning about the piddly sums being paid to longtime OFWs.

“Okay sana yan dahil isa yan sa mga demand ng mga OFWs lalo na yung matagal na nagtatrabaho sa ibang bansa, kaso nga naging pampalubag loob ang dating dahil sa SOBRANG liit ng maibabalik sa mga OFW. It took them three years para magawa ang IRR (Implementing Rules and Regulations) tapos baratan lang ang inabot.”

OFWs who qualify for rebates need to make an appointment to their chosen OWWA regional office and present required documents for verification. They will then be asked for their bank details where OWWA will deposit their rebate payments.

But possibly anticipating that OFWs will opt out of collecting a sum that may not even cover the cost of their transportation and other expenses, the OWWA press release urged them to consider donating their rebate to the scholarship program for OFW children, or use it to pay for their OWWA membership if they are still working abroad.

The Rebate Portal can be accessed via the OWWA website owwa.gov.ph. For further questions about the Rebate Program, OFWs may visit the nearest OWWA Regional Welfare Office in their area or call the OWWA Hotline 1348. 





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Pinay denied bail for alleged peanuts theft

Posted on 10 September 2019 No comments
No bail for Pinay accused of stealing peanuts, says Eastern court magistrate

A Filipina accused of stealing a can of roasted peanuts worth about $150 in a shop in North Point has been refused bail by a magistrate in Eastern Court.

The accused, Estrellita Lo, appeared on Tuesday, Sept 10, before Magistrate Bina Chainrai to apply for bail for her provisional release, but the prosecution opposed the defendant’s request.

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The defense lawyer said the defendant was offering to put up bail of $1,000 and abide by the court’s bail conditions.  He said the defendant’s offense was simply taking a can of peanuts from the shop.

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No other details of the case were mentioned in court. But the prosecution said further investigation was ongoing and sought a four-week adjournment of the case.

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Chainrai adjourned the case until Oct 15. In the meantime, she ordered Lo remanded in custody, saying her bail application had been refused because of the nature of her offense.

But she said the defendant can still apply for bail in the High Court. – Vir B. Lumicao





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Filipina whose cause of death remains unknown to be flown home Sept 13

Posted on No comments
Image may contain: 1 person, standing
Only an autopsy could shed light on
why Mylin died


Mylin Delizo, one of three Filipino domestic workers who died last month, will be flown home on Sept 13, as her relatives anxiously await an autopsy report that could pinpoint the cause of her death.

Danny Baldon of the Consulate’s assistance to nationals section said the 48-year-old Delizo’s remains were autopsied on Friday, Sept 6, after her relatives sent a letter-request the coroner’s office.

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Baldon also informed Delizo’s nephew, Jonathan, that the deceased’s employers would be shipping her remains to Manila aboard a Cebu Pacific flight.

Jonathan and Delizo’s estranged husband, Michael Ramos, will fetch the casket at the Clark International Airport. 
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Baldon and welfare officer Virsie Tamayao of the Overseas Workers Welfare Administration initially met with the helper’s employers at the Consulate but failed to get any more information that could shed light on why she died.

Delizo’s employers for the past seven years said they found her dead in the living room of their Lai Chi Kok flat around 7am on Aug 19 as they were about to go to work.

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They reportedly tried to rouse Delizo but that she was no longer breathing. They dialed 999 and responding officers called an ambulance that took her body to a public mortuary.

They in turn called ATN to report the death, and also found a way to inform her relatives by calling the last dialed number in her mobile phone. The number belonged to her niece in Singapore.

Nobody could say for sure if Delizo had suffered from any health problems.

Delizo was the third Filipina domestic worker to have died in Hong Kong within 10 days in August.

On Aug 12, Milagrosa M. Aligaen, 63, who had worked in Hong Kong for 29 years, was found dead on her bed in her employer’s house in Shaukeiwan, apparently due to heatstroke.

On Aug 22, Imelda Bartolome, 50, who worked in Mei Foo, died in hospital of a heart attack. She came from Naguilian, Isabela.

Delizo came to Hong Kong in 1998 and had been supporting her mother, said her nephew. She was married but had no children.  – Vir B. Lumicao





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