Penalties raised to $5k-$10k for violators of social distancing rules

 By Daisy CL Mandap

The government warns of strict enforcement of the new rules

Penalties for those found to have violated social distancing rules have been raised from between $5,000 to $10,000, from the present $2,000. The new law takes effect a week from now, or on Dec 11.

The lesser amount of $5,000 (level 2 fine) is a fixed penalty that will be imposed on the following:

Pindutin para sa detalye

1) Those who take part in prohibited gatherings, which under the latest regulations, is set at no more than two people together in public, including inside restaurants.

2) Those who do not wear a mask in all public places, including in all forms of public transportation and the paid area of the MTR, save for outdoor areas of country parks; and

Pindutin para sa detalye

3) Those who fail to comply with the government’s order for compulsory Covid-19 testing. These include those who visited dance clubs where hundreds of cases have been traced.

If the offender does not pay the fixed penalty and is charged in court, the maximum penalty upon conviction would go up to level 3, or $10,000.

Call now!

A statement issued today announcing the harsher penalties also warned of stricter enforcement of the social gathering restrictions.

“If compliance is not satisfactory, the Government does not rule out the possibility of further raising the penalties,” said the statement.

Not wearing a mask in any public place could cost you $5k

The possibility of jacking up penalties was brought up on Dec 1 by Chief Executive Carrie Lam, who raised concern about the rapid surge in the number of coronavirus infections in the city, particularly those related to the so-called dance cluster.

CALL US!

The number of infected people from this cluster has now climbed to around 500, after the government issued a compulsory testing order for those who had visited several dancing venues across the city.

Also of concern is the growing number of cases whose sources cannot be traced. Yesterday, out of 90 new infections, 31 were of unknown sources.

Tunghayan ang isa na namang kwentong Dream Love

Certain groups,  are however, exempted from the gathering ban, including those on board public transportation, those gathered for work, funeral, or a wedding ceremony where up to 20 people can attend, but with no food being served.

Those living in the same household are also exempted, meaning they can go out together, but are still subject to gathering restrictions in some venues, like restaurants, where the two-to-a-table rule is strictly enforced.

A statement from the Food and Health Bureau said today, "Anti-epidemic work requires the cooperation and self-discipline of all citizens by strictly complying with various anti-epidemic measures, including avoiding crowds, keeping social distance and maintaining personal hygiene.”

“Faced with the epidemic surge, apart from tightening various infection control measures, it is imperative to increase the relevant penalties in order to create the necessary deterrence effect and ensure strict compliance with relevant requirements."

Call us!

Call us!

Pregnant moms get 14 weeks’ paid maternity leave from Dec 11

 By The SUN 

Pregnant women who have worked for the employer for at least 40 weeks get the new benefit 

A pregnant worker, including a foreign domestic helper, who has served at least 40 weeks of her work contrac,t will be entitled to an additional four days of maternity leave, on top of the 10 already provided under the Employment Ordinance.

The new law takes effect on Dec 11.

Pindutin para sa detalye

This was announced today by the Labour Department, which said that the full 14 weeks’ leave could be taken by the worker if so entitled under the Ordinance.    

The current statutory rate of maternity leave pay, equivalent to four-fifths of the worker’s average daily wage, will be maintained for calculating the additional maternity leave pay, subject to a cap of $80,000 per employee.

Pindutin para sa detalye

      
The Employment (Amendment) Ordinance also covers two technical amendments that include updating the definition of miscarriage under the EO from “before 28 weeks of pregnancy” to “before 24 weeks of pregnancy”.

The change entitles the worker to maternity leave if her child is incapable of survival after being born at or after 24 weeks of pregnancy on or after Dec 11, if other conditions are met.

Call now!

The amended law will also entitle an eligible worker to sickness allowance for the day she goes for medical examination relating to her pregnancy if she is able to present as documentary proof a certificate of her attendance at the clinic.

All employees whose expected date of confinement occurs on or after Dec 11 are entitled to the additional paid maternity leave. If it is before this date, the employee and her employer should discuss the actual confinement date to determine if the worker is entitled to the extra days of paid leave.

CALL US!

The spokesman added employers may apply to the government for full reimbursement of the additional four weeks’ maternity leave pay to the worker under the Amendment Ordinance.

For details, please refer to information on the Reimbursement of Maternity Leave Pay Scheme (www.labour.gov.hk/eng/public/RMLPS_FS.htm) published by the LD.

Tunghayan ang isa na namang kwentong Dream Love

For further information, please visit the LD's website at www.labour.gov.hk or call 2717 1771 (the hotline is provided by 1823).

Call us!

Call us!

FMWU wins Movers’ essay-writing contest on solidarity amid pandemic

By The SUN 

The trophies won by the top 3 winners: FMWU, SJMW & DWC

The Filipino Migrant Workers Union (FMWU-CRC) won the top prize in the second annual essay-writing contest of the Mission Movers Hong Kong, which this year focused on the need for solidarity and unity in combating the coronavirus pandemic.

The FMWU tackled how migrant workers have been helping each other despite the lack of adequate government support for overseas Filipino workers in its entry to the contest which had as its theme, “Pakikipagkapatiran sa Panahon ng Pandemya,Bakit ito Mahalaga?”.

“Ang hindi pagtugon at kakulangan ng ating gobyerno na magbigay ng ayuda at tulong…ay hindi dahilan upang tayo ay mawalan ng pag-asa.  Napunuan ang pagkukulang na ito ng magagandang puso ng ating mga lokal na kilala, organisasyon at mga kapwa migranteng manggagawa,” said FMWU in its winning entry.

Pindutin para sa detalye

FMWU received a trophy, a certificate and $600 cash for taking the top slot during the online awarding ceremony held live on Facebook on Nov 29.

Coming in close as second-prize winner was Social Justice for Migrant Workers, which received a trophy, certificate and $400 cash.

SJMW, a new organization represented by Marites Palma, gave a global perspective to the topic, citing instances when countries and big organizations have helped each other in responding to the pandemic.

Call now!

But she gave the biggest emphasis on how her group has been helping newly arrived overseas Filipino workers who are in quarantine and are not given enough food, water, and other needs, despite laws making employers and agencies responsible for looking after them.

“Mula Hunyo hanggang sa araw na ito ay umaabot na sa 500 ang nakatanggap ng ayuda, 35 katao ang  nabigyan ng cash para sa extension ng  visa at karamihan  ay nasa bagong amo na… Nagawa natin ang lahat ng ito sa pamamagitan ng pakikipagkapatiran ngayong panahon ng pandemya,” said SJMW in its entry.

The four other groups that sent their entries had nearly matching scores, save for a few points’ difference. But among them, Domestic Workers Corner, emerged as the third prize winner.

PINDUTIN PARA SA DETALYE

DWC, which was represented by Baby Jean de Leon, won a trophy, certificate, and $200 cash.

The other contestants were Migrante Pier Chapter, Migrante Macau, Filipino Lesbians Organization, and Zumba Feels.

Valino (right) with co-organizers Annie Dichoson and Tess Aquino

 

This year’s judges were Cynthia Tellez of the Mission for Migrant Workers, who was also the guest speaker; Daisy CL Mandap, editor of The SUN Hong Kong; and Aaron Ceradoy of Asia-Pacific Mission for Migrants.

The judges were all praises for the quality of the entries, but advised the contestants to read up more to broaden their outlook, and also to stick to the contest rules, noting that some of the groups did not conform to the stipulated word limit.

Tunghayan ang isa na namang kwentong Dream Love

 

The contest was opened to entries from Nov 1 to 8, after which those that made the cut were posted on the Movers’ Facebook account. The competing groups were then encouraged to share their published entries to earn “hearts”, which was added up to their final scores.

Social Justice won the hearts contest, which, however, made up only 10% of the final scores. The other 90% was based on the entries’ content.

The Movers, which is headed by Nancy Valino, is a volunteer group of the Mission for Migrant Workers. It provides assistance to migrant workers who need help with employment-related concerns, and even police matters.

They can be contacted at 2522 8264 during office hours, and 2721 3119 during non-office hours. 

Call us!

Call us!

 

 

 

 

 

 

 

2 Filipinos, 1 Indonesian among 90 new HK coronavirus patients

By The SUN 

Two Filipinas and 1 Indonesians tested positive on arrival at HK Airport

Two new arrivals from the Philippines and another from Indonesia national were among 11 imported cases reported today, Dec 3, as health officials confirmed 90 more coronavirus patients, lifting Hong Kong’s total Covid-19 tally to 6,590.

Thirty-one cases, or a third of the day's infections, were of unknown sources, Dr Chuang Shuk-kwan from the Centre for Health Protection said in the daily press briefing. The number was the highest since Aug 13, when 33 were reported.

Chuang warned that the large number of patients with unknown infection sources showed a lot of silent transmission in the city.

Pindutin para sa detalye

“There are silent carriers in the community and they might have infected others through other means. For example, they go to the same restaurants or same markets. It’s very difficult for the general public to identify them and come forward for testing,” she said.

She said there were 48 cases that were linked to previous cases, including 21 new infections in the dance club cluster.

Fears of a further spread of the virus mounted as an 82-year-old woman patient at Princess Margaret Hospital who tested negative when she was admitted more than two weeks ago, tested preliminary positive as she was about to be discharged.

An elderly patient at Princess Margaret Hospital who tested preliminary positive is causing concern

The woman stayed at an elderly care home in Kwai Shing before she was admitted to hospital. More than 200 residents and staff at the care home will now have to be tested.

The hospital said tonight the elderly patient was immediately transferred to the isolation ward for treatment and is now in stable condition.

Call now!

Contact-tracing by the hospital’s infection control team found out 33 patients who had stayed in the same cubicle of the medical wards with the woman are classified as close contacts. They included four patients who passed away due to underlying illnesses.

Fourteen in-patients of Princess Margaret and one patient who is staying in North Lantau Hospital had been isolated and tested but their results were negative.

PINDUTIN PARA SA DETALYE

Five more cases were linked to a construction site at Lohas Park and two to an outbreak at the Fong Shu Chuen Day Activity Centre & Hostel, and one at Pak Lok Nursing Hoe Nursing Home in San Po Kong.

Apart from the two Filipinas (one returnee and the other, a domestic worker) and the Indonesian (also a domestic worker), the other imported cases involved three returnees from Nepal, two from Pakistan, and one each from Russia, France and Japan.

Tunghayan ang isa na namang kwentong Dream Love

As at 9am today, 29 Covid-19 patients were discharged from public hospitals said Dr Lau Ka-hin, chief manager of the Hospital Authority, raising to 5,423 the total number of patients to have recovered.

A total of 928 confirmed patients are confined in 21 public hospitals and the treatment facility at AsiaWorld-Expo. Twenty-one patients are in critical condition, 17 in serious condition and 890 in stable condition. 

Health expert says $10k fine unfair to poor, including migrant workers

 
Meanwhile, Dr Leung Chi-chiu, an infectious disease expert, said a government plan to raise fines to $10,000 from the present $2,000 for people who breach anti-epidemic rules is unfair to the poor, such as migrant workers.

“$2,000 may not be a small amount for segments of our society with low income, especially for our foreign helpers,” Leung was quoted by RTHK as saying.

Press for details

He said jacking up the fine to a level that makes it difficult for domestic workers to pay raises “a question of whether we’re fair to them because they would be selectively prosecuted.”

Stronger law enforcement is the better solution as many venue owners flout the rules after inspection officers leave, Leung said.

Call us!

Call us!

Appeal court says children claiming torture should be helped by lawyers

By The SUN                                                                     

The CA ruled that children should have lawyers when their torture claim is heard

The Court of Appeal has ruled that children who are claiming non-refoulement (or against being sent back to their home country) should have legal representation when they appear before the Torture Claims Adjudication Board.

The ruling was laid down in the case of a Filipina overstayer and her two young children who appealed against a Court of First Instance decision denying the mother permission to challenge the TCAB’s ruling in July 2017, rejecting her claim against deportation.

“When one is dealing with children claimants of tender age, serious consideration should be given to have a lawyer assigned by the Duty Lawyer Scheme to represent the children in the Board hearing notwithstanding the rejection of the claims by the Director,” said the CA.

Pindutin para sa detalye

“Children claimants, especially those of tender age (say for those younger than 12 years old), are unlikely to be able to make decisions on how their claims should be presented before the Board or to make meaningful submissions on their own behalf.”

In the CA decision handed down on Nov 27, Arlyn T. Fabio was denied her application for an extension of time to appeal but her children, Rabia and Faheem Salauddin, 9 and 5 years old, were allowed to go back to the Board to present their case.

The CA ruled that the TCAB’s decision in respect to Fabio was not binding on her children, saying “non-refoulement claims by children are separate from that advanced by their parents.”

Call now!

In principle, said the CA, the decision should have regard for the personal circumstances of each claimant. It would be an error of law, said the court, to dismiss the children’s claims without considering their own personal situations.

The CA ordered the TCAB to reconsider the claims of the children with legal representation provided for them, in accordance with Order 80 Rule 2 of the Rules of Court.

In the case of their mother, the CA upheld the lower court’s finding that she had abused the system by seeking a judicial review a second time after the first one she filed was dismissed by another judge.

PINDUTIN PARA SA DETALYE

In the first action she filed on Sept 11, 2017, Fabio sought leave for herself only. In the second, filed on Mar 12, 2018, she added her children as applicants.

The court heard the Filipina came to Hong Kong in 2008 to work as a domestic helper but overstayed after her contract was terminated on Oct 9, 2010.

She was allowed to stay until Dec 28, 2010 as a visitor but she did not leave Hong Kong.

Tunghayan ang isa na namang kwentong Dream Love

She surrendered on Feb 15, 2011 but was released on recognizance the same day after she applied for non-refoulement. 

She gave birth to Rabia in May of the same year, and Raheem, in January 2015. The children were her daughter with a Muslim torture claimant she met in Hong Kong, and married in June 2010. However, she had been married to her Filipino husband since 1997.

Fabio lodged a non-refoulement claim for herself on Jan 5, 2015 and for her daughters on Sept 5 that year, claiming that if they returned to the Philippines, they would be harmed or even killed by Fabio’s Filipino husband.

Press for details

She also claimed her Catholic family in the Philippines did not approve of her marrying a Muslim, and her conversion to Islam.

But the Director dismissed her application in July 2016 and in May 2017, after finding no factual basis to her claims.  

The TCAB upheld the decisions in May 2018, finding that Fabio had ended her relationship with her husband in the Philippines in 2002, and since 2010 and 2011, had lost contact with him.

“Her first marriage clearly effectively broke down some fourteen years ago and the appellant currently knows nothing about her first husband, has no knowledge of his whereabouts or of what he is doing and she has received no threats of any kind from him or from any member of her immediate family,” said the Board in its decision.

On Mar 19, 2018, or eight months since the TCAB’s decision, Fabio went to the High Court to ask for leave for a judicial review.

After an oral hearing on Sept 19 last year, Judge Bruno Chan refused the application, citing the time bar and Fabio’s abuse of the judicial process.

Fabio and her children then filed a notice of appeal against Chan’s decision on Jan 21 this year, saying it was unreasonable as it did not make a proper inquiry into the current situation in the Philippines. 

In dismissing the appeal, the CA said the judge had applied the correct legal principle in holding that Fabio’s application was an abuse of process and should be dismissed.

 The CA’s decision was penned by Appeal Court Vice President M.H. Lam, who heard the appeal along with Judge Aarif Barma and Judge Thomas Au. In coming to its decision, the CA relied partly on submissions from Jin Pao, SC, who acted as amicus curiae, or friend of the court.

Call us!

Call us!

OFW population surge slows down

By Vir B. Lumicao 

More Filipino DHs could lose their jobs as the pandemic continues to batter the economy

 

Growth in the Filipino domestic helper population in Hong Kong slowed in November with only 534 arrivals, after a marked rebound in the previous two months.

Statistics from the Hong Kong Immigration showed that the number of Filipino helpers increased to 208,677 last month from 208,143 in October.

Pindutin para sa detalye

As of the end of both September and October, the increase averaged around 2,500, for a total of 5,120 additional FDHs.

But the third successive month of increase is just about half of the more than 11,000 jobs lost since January this year due to the Covid-19 pandemic. This was due partly to Manila’s decision to stop OFWs from leaving the country for nearly three months.

Call now!

Indonesians, the next biggest group of domestic workers in Hong Kong, grew in number by just 63, to 158,614 as the government in Jakarta has just started allowing its workers to leave the country again, after a deliberate slowdown in deployment earlier.

The economic backlash of the pandemic hurt many employers, who saw their businesses tumble, lost their own jobs, or took substantial salary cuts, making them cost-sensitive.

Tunghayan ang isa na namang kwentong Dream Love

A worsening fourth wave of the pandemic that is stalling government efforts to revive the local economy could indirectly impact deployment from the Philippines as families tighten their belts and forgo the luxury of hiring a helper.

CALL US!

But industry insiders say the full impact of any slowdown in hiring won’t be felt until early next month because the processing of work documents of Filipino workers from home take at least three months now.

Foreign Domestic Helpers Population in Hong Kong
At end of Month/Year	Philippines	Indonesia	India	Other nationalities	Total -- all nationalities
Jan-20	219,728	170,898	4,838	4,657	400,121
Feb-20	217,654	171,291	4,857	4,619	398,421
Mar-20	218,002	170,318	4,818	4,594	397,732
Apr-20	215,061	167,747	4,723	4,493	392,024
May-20	212,855	165,377	4,664	4,446	387,342
Jun-20	211,426	164,528		9,052	385,006
Jul-20	209 512	161 762	4 522	4 379	380 175
Aug-20	204 023	157 337	4 360	4 245	369 965
Sep-20	206,395	157,873	4,353	4,248	372,869
Oct-20	208,143	158,551	4,392	4,290	375,376
Nov-20	208,677	158,614	4,418	4,279	375,988

 

CALL ME!

Call us!