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Filipino who threatened to burn down Consulate convicted on 3 charges

Posted on 21 March 2023 No comments

By Daisy CL Mandap

 

Bondoc was taken into custody ahead of his sentencing on April 3

Security was tight inside court no 4 at Eastern Magistracy on Monday as a Filipino resident who threatened to burn down the Consulate, assaulted one of its staff and intimidated a security personnel, was immediately put behind bars after being found guilty on three charges.

Ronald B. Bondoc, 42, a restaurant worker, will be sentenced on April 3, after background reports are submitted to court on orders of Magistrate Leona Chan Pui-man.

The magistrate held that the prosecution was able to prove beyond reasonable doubt all three cases of criminal intimidation, common assault and loitering causing concern that were brought against Bondoc.

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She also found that the three Consulate staff who were presented as prosecution witnesses were honest and credible.

In contrast, Bondoc who defended himself after rejecting the services of a counsel from the Duty Lawyer scheme, was found to have given excuses that were hard to believe.

In the first case of criminal intimidation, Bondoc called the Consulate hotline on January 22 last year, during which he repeatedly threatened to burn down the Consulate offices and hurt its staff, particularly “Arnel.”

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The call was recorded by the staff on duty Lhyndzie M. Orozco, who testified in court how Bondoc’s threat had so alarmed her that she reported it to her superior the very next day. 

In turn, the officer personally went to the police to file a complaint and hand over a copy of the audio recording of Bondoc’s call. This came after Bondoc visited the Consulate and assaulted one of the staff there  

In his defense, Bondoc said he made the call only because he was distressed and suicidal as the Consulate did not allow him to change his status to “single” in his passport even if he had already separated from his wife.

He also said it was not his intention to intimidate Orozco as he was only after Arnel. In fact, he said he repeatedly apologized to Orozco for getting her involved. He also questioned why it took the Consulate three days to complain to police.

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In rejecting his defence, Magistrate Chan said, “I do not believe that he had called merely to seek help from the Consulate,” noting that Bondoc repeatedly threatened  to burn down the Consulate offices and harm its staff, particularly “Arnel” during the phone call.

Among the threats he made were:

“If you want me to go there, Miss,  I will set the office on fire.”

“You will be a witness to what I am saying now.”

“Leave that place, the day will come when it will be burned down.”

“The Consulate will be burned one of these days”

“Will you be one of them if you don’t say this to Arnel?”

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Magistrate Chan said Bondoc’s words were calculated  to cause concern to anyone who might have heard them. She also said it was immaterial that the Consulate filed a complaint with the police three days after the incident.

In the second charge of common assault which happened two days after the phone call, the magistrate said she believed the victim, Edmound Cortes, when he told the court that Bondoc had held him by the neck when he stopped him entering a restricted area in the Consulate.

At that time, Bondoc held a golf club in one hand and his baby on the other. Video recordings of the incident showed him entering the public area and passing on his baby to a Filipina in the crowd, before attempting to move towards the assistance to nationals section.

Cortes said he pushed Bondoc away after he tried to strangle him as the defendant was still holding the golf club. Other male staff came to his rescue, and one of them was seen on video to have kicked Bondoc on the back.

The magistrate said the video recording of the incident confirmed Cortes’ story. She also said the kick on Bondoc’s back was made after that assault, so his claim that he was actually the victim in the incident could not be true.

Further, she noted that by passing on his baby to another person before making a move, Bondoc showed an intent “to do some action.”

For the third charge of loitering causing concern, the magistrate said a video recording of the incident on March 28, 2022 showed clearly that Bondoc had hung around the Consulate’s lift lobby for 15 minutes doing nothing except to go in circles.

Before this, he approached the CCTV and showed a metal angle bar he was carrying, which he then proceeded to put down on the table of the security officer just before the entrance to the Consulate, but made no move to enter.

Two Consulate staff were also seen to approach Bondoc but he did not engage  them in a conversation. After about two minutes, ambulancemen arrived, followed by police officers, and they took Bondoc away.

The magistrate said all these events belied Bondoc’s claim that he had gone there to ask for a copy of the CCTV of the Feb 24 incident. If this was true, he would have asked the security guard or the staff who approached him if he could enter.

Instead, he merely walked around with no discernible purpose, leading the magistrate to conclude that Bondoc’s real intention at that time was to cause concern to the guard and the other people in the area.

Ahead of the sentencing, the prosecution told the magistrate that the defendant had a clear record.

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10 linggong kulong dahil sa marijuana

Posted on 20 March 2023 No comments

 

Ito ang lugar kung saan hinuli ang Pilipina

Isang Pilipina ang umamin sa kasong “trafficking in a dangerous drug”, pero dahil marijuana ang nasamsam sa kanya at hindi ang mga mapanganib na droga gaya ng coccaine, sinabi ng mahistrado na ginaangan niya ang parusa dito.

Nagsimula sa 15 linggong kulong ang ipinataw kay Rhea Nerissa Maristela, 26 taong gulang, pero dahil binigyan siya ng 1/3 na discount sa sentensiya kasunod ng kanyang pag-amin, 10 linggo ang natira sa kanyang parusa.

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Ayon sa Dangerous Drugs Ordinance, ang parusa sa mas magaang na mga kaso ng drug trafficking ay may parusang multa na aabot sa $500,000 at pagkakakulong na tatlong taon.

Pero dahil nakakulong na si Maristela simula pa nang mahuli siya noong Oktubre, inaasahang agad siyang pakakawalan dahil sobra-sobra na ang napagsilbihan niya sa loob.

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Simula pa sa pagdinig noong Oct. 21, tinanggihan na ng korte ang alok na piyansa ni Maristela, dahil sa dami ng nasamsam na marijuana sa kanya, na tumimbang ng kabuuang 243.43 gramo.

Pinuna rin ni Acting Principal Magistrate Peony Wong sa pagdinig ngayon (March 20) sa Kowloon City Courts na may limang beses nang nahatulan si Maristela sa mga nagdaang kaso ng pagnanakaw.

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Nahuli si Maristela, na nagtatrabaho bilang watress, sa Nathan Road sa Tsim Sha Tsui noong Oct. 13.

Nakuha sa kanyang pangangalaga ang mga sumusunod:

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  • Isang bukas nang plastic bag na may lamang 2.76 gramo ng pinatuyong dahon ng marijuana.
  • 19 na plastic bag na may lamang 52.27 gramo ng marijuana.
  • 50 plastic bag ng may lamang 42.91 gramo ng marijuana.
  • 25 plastic bag na may lamang 68.90 gramo ng marijuana.

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  • 50 plastic bag na may lamang 44.41 gramo ng marijuana.
  • 37 plastic bag na may lamang 32.18 gramo ng marijuana.

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Bayad sa namatay o nagkaroon ng kapansanan dahil sa trabaho, itinaas

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 Ng The SUN

Sakop ng Employee Compensation Ordinance ang mga FDH na naaksidente o namatay sa trabaho

Itataas ng mula 2.18% hanggang 19.05% ang kabayarang matatanggap ng mga nagkasakit o nagkaroon ng kapansanan nang dahil sa trabaho, simula sa April 13.

Ayon sa bagong amyendang Employees’ Compensation Ordinance na inaprubahan ng Legislative Council noong March 15, ang pinakamababang matatanggap ng pamilya ng isang manggagawa na namatay sa trabaho ay $486,300.  

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Ang halagang ito ang karaniwang iginagawad sa mga naulila ng isang manggagawa na pinakamababa ang sahod, katulad ng foreign domestic helper.

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(Nakamit ito ng pamilya ng isang Pilipina na nabangga ng bus pagkatapos sunduin ang alaga sa eskwela o ng isa pa na van naman ang nakabunggo, habang nagmamadali siyang dalhin ang susi ng kotse sa kanyang amo. Ito rin ang ibinayad sa anak ni Rinalyn, na nahulog mula sa isang mataas na gusali habang naglilinis ng bintana).

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Kung ang manggagawa naman ay nawalan ng kapasidad na makapagtrabaho muli dahil sa kapansanan, ang pinakamababang kabayaran ay $552,190.

Mas malaki pa ang igagawad kung kakailanganin ng tagapag-alaga ng isang naaksidente o nagkasakit ng dahil sa trabaho. Ang pinakamababang bayad ay $661,990.

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Pero kapag ang isang manggagawa ay nabingi dahil sa trabaho, ang minsanang bayad na masisingil nila ay aabot mula $1.75 million hanggang $3.50 million, depende sa edad.

Ang pagtataas ng kabayaran sa mga taong namatay, nasaktan o nagkasakit nang dahil sa trabaho ay isinasagawa sa tuwing ikalawang taon.

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Para sa kumpletong listahan ng mga kabayaran, i click lang ang link na ito: https://gia.info.gov.hk/general/202303/17/P2023031600523_415082_1_1679020907312.pdf

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Labor Chief rejects trial period for FDHs

Posted on 19 March 2023 No comments

By The SUN

 

Sun: No trial period, but job hopping proposal necessary (RTHK photo)

Secretary for Labor and Welfare Chris Sun has dismissed suggestions that foreign domestic helpers be put on a trial period as suggested by some employers who want to be reimbursed for the recruitment costs if the worker fails to meet their expectations, or terminate their contract prematurely.

Speaking to reporters on Saturday, Secretary Sun said, “At present, the contract for foreign domestic helpers to come to Hong Kong is clear, with a two-year contract period. We think at this moment that it would be ideal to continue with the two-year period.”

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Introducing a trial or probationary period could make Hong Kong less attractive to FDHs who could end up having to shoulder part of the placement costs, on top of the hefty sum they have already spent to secure their jobs here.

But in the same interview, the labour chief said it was necessary to introduce the concept of “job-hopping” in the Code of Practice for Employment Agencies, citing employers concerns.

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Under labour’s proposal which will be tabled at the Legislative Council’s manpower panel on Tuesday, employment agencies will be required to warn FDHs that except under exceptional circumstances they will be sent home within 14 days if they terminate their contracts.

Agencies will also have to talk to employers about refunding placement fees and giving them a replacement helper should the one placed with them initially terminates the contract.

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This proposal has alarmed migrant workers, as it could mean part of the costs being passed on to them in case of premature termination.

Sun said the problem of “job hopping” became widespread during the pandemic when the number of FDHs in Hong Kong decreased because of quarantine restrictions for those coming here.

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With life returning to normal in Hong Kong, he said the problem has eased.

“Even so, many employers are concerned about whether the foreign domestic helper "leaves work" under unreasonable circumstances, and whether they can speak more under the "Code of Practice",” he said.

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“We think there is room for more discussion, so that both parties can deal with it more effectively this problem.”

Labour’s bid to include “job hopping” in the CoP for EAs has sparked widespread criticism from migrant workers and agencies, which say it violates the Bill of Rights and amounts to undue legislation.

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Migrant support organizations also say the concept is a myth, as FDHs who have spent so much of their own money to come here will not quit their jobs and risk being unemployed for some time unless their employers have made their lives unbearable.

A coalition of FDH groups, the Asian Migrants Coordinating Body, will stage a protest outside the Labour Department office in Sheung Wan tomorrow morning to show their opposition to the proposal.

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Filipina DH still being held for allegedly injuring baby with toy blocks

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The baby was taken to Princess Margaret Hospital with an injured leg

The police say a 27-year-old Filipina domestic helper arrested on Friday night for alleged child abuse is still being held for questioning.

A police spokeswoman said it’s still uncertain if the helper will be charged in court, released unconditionally, or allowed police bail while investigations continue.

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Reports earlier said the Filipina was arrested after complaints that she had injured a one-year-old baby with toy blocks in Shing Yam House, On Yam Estate in Kwai Chung.

A complaint was made to the police at 7:18pm on Friday after relatives found the baby with an injured leg.

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The baby was taken to Princess Margaret Hospital for treatment, though the extent of the injury was not clear.

After conducting preliminary investigations, police arrested the helper for ill-treatment or neglect towards a young child.

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The investigation is continuing.

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56 people arrested in new anti-illegal worker operations

Posted on 18 March 2023 No comments

 

Among those arrested were 17 women suspected of doing illegal work

The Immigration Department has further strengthened its campaign against illegal work by arresting a total of 56 people in four days of raids across Hong Kong island, the biggest number in months.

According to a statement issued by the government yesterday, Mar 17, the operations were carried out over four consecutive days, from Mar 13 to Mar 16, in collaboration with the Hong Kong Police Forced and the Labour Department.

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The arrested persons comprised 36 suspected illegal workers, 10 suspected employers, four suspected aiders and abettors, five overstayers and one illegal immigrant.

Arrested on suspicion of doing illegal work were 14 men and 17 women, aged 26 to 60. Among them, eight men and five women were holders of recognizance forms, which attest to their application against being sent home, but also prohibit them from taking any employment. 

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One of the men was also suspected of using and being in possession of a forged Hong Kong identity card.

Seven men and two women, aged 30 to 88, were suspected of employing the illegal workers and were arrested.

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One man and three women, aged 37 to 68, were suspected of aiding and abetting persons who breached their condition of stay in Hong Kong and were also arrested.

Five female overstayers, aged 29 to 46, were also arrested, along with a female illegal immigrant aged 57.

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They were arrested during raids at 169 locations in Central, Wanchai, Eastern and Western districts, which included commercial buildings, massage parlors, restaurants and retail stores.

Separately, Immigration officers raided a flat under renovation and arrested one suspected illegal worker, a man aged 36. Another man, aged 40, was suspected of employing the illegal worker and was also arrested.

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In another operation, four visitors from the Mainland comprising one man and three women, aged 37 and 53, were arrested on suspicion of carrying out parallel goods trading at three areas in Sheung Shui. They were caught trading in cosmetic and health products, as well as medicines.

The Immigration Department warned that visitors who take up illegal work, whether paid or unpaid, could be prosecuted and upon conviction, face a maximum fine of $50,000 and up to two years’ imprisonment. Those who aid or abet their illegal work are equally liable.

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Overstayers face up to three years in jail and a maximum fine of $50,000 while those found in possession of forged Hong Kong identity cards can be fined up to $100,000 and jailed for up to 10 years.

Employers of those found doing illegal work face the most severe penalty of a maximum fine of $500,000 and 10 years' imprisonment.

Employers are duty-bound not only to inspect a worker’s HK identity card prior to employment, but to also make enquiries to ensure that there is no reasonable doubt as to the person’s lawful employability.

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