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Court acquits DH caught working in house of employer’s mother

Posted on 25 October 2024 No comments

 

The accused was found sweeping the floor in the house of her employer's mother

A domestic helper charged with violating the Immigration Ordinance after being arrested by police for working in the house of her employer’s mother, has been cleared after a trial at Shatin Court.

Deputy Magistrate Tai Kwan-hang ruled Thursday (Oct. 24) that Marivic Bumagat, 38 years old, did not breach her condition of stay-- to work as a domestic helper only in her employer’s house as specified in their employment contract -- when she was found to be sweeping the floor in the house of her employer’s mother last March 26.

The Immigration Department’s complaint had asserted that Bumagat violated the law because she performed “domestic duties…” at an address ”other than that approved by the Director of Immigration.”

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But Magistrate Tai gave weight to the argument of Bumagat’s defense lawyer in his summing up at the previous hearing, that the prosecution failed to prove that although Bumagat did perform domestic duties as alleged, she did not perform domestic helper duties for her employer’s mother.

Bumatay’s lawyer said she was found discarding rubbish and sweeping the floor and no doubt was performing domestic work.

But the person she was doing it for was included in the employment contract as a member of her employer’s household, and should be served as well, he added.

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In addition, the employer’s mother did not give instructions to her.

The lawyer also cited previous High Court rulings, which asserted that mere working does not prove an employment relationship, and that both parties should have fiduciary (or financial) duty and work arrangement for such relationship to exist.

In one the judgments he cited, the court reversed a magistrate’s ruling convicting Chinese visitors caught serving customers in a restaurant, because the owner was a cousin.

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Another High Court decision ruled that chopping up vegetables in a restaurant’s kitchen is not necessarily employment; there was evidence of relationship between those charged and the owner as cousins and friends.

In yet another judgment, the High Court reversed the conviction of a woman who was convicted for performing odd job duties, such as showing goods to customers of a shop, because there was not enough evidence to reach the inference that there was an order and following that order.

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Alumni of top Phl schools ‘ready to rumble’ in HK on Nov 9

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Hong Kong-based alumni of four of the Philippines’ top universities are set to resume their friendly competition in fun games at the “Rambulan, UAAP Baranggayan sa Hong Kong” to be held on Nov 9 at Repulse Bay starting at 9:30am.

Those taking part are alumni of the University of the Philippines, led by Tess Turingan;  Ateneo University led by Joms Ortega;  De La Salle University led by Jaerey Velasco and Jan Yumul of University of Santo Tomas.

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The “Rambulan” was first held in 2014 at the Sun Yat Sen Memorial Park in Western District, for the purpose of building camaraderie and goodwill among alumni of member schools in the University Athletic Association of the Philippines (UAAP).

It was followed up with another friendly competition the following year at Repulse Bay beach, this time, encouraging alumni to bring along their family members.

There followed a lull of several years, mainly due to the frequently changing composition of the various alumni groups, as well as the Covid-19 pandemic.

Next month’s “Rambulan” will feature nine fun games,including  “Tipanic,” a Filipino twist to the classic “Boat is Sinking” contest; “Tono Henyo” or name that tune competition”; a three-legged race,” hula hoop relay, balloon popping game, a sustainable dress pageant, as well as a cheer dance competition.

Several fellowship gatherings were held by the four alumni groups in the run-up to the Rambulan, with the last one taking place on Oct 4 at Enoteca in Quarry Bay. 

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Three officers of the Philippine Consulate who are themselves alumni of the participating schools, joined the event: Consul Sheila Modenero-Arnesto, Vice Consul Allan Revote and Vice Consul Gino Soriano.

Aside from the usual fun games, a big-ticket raffle draw was held to raise funds for the Rambulan, with the top prizes being two economy class, round-trip tickets from Philippine Airlines, one of which was won by The SUN publisher and UP alumnus Leo A. Deocadiz.

The SUN's Leo Deocadiz receives one of 2 PAL return tickets from Consul Sheila Arnesto

Also raffled off were 4 vouchers from AFreight, two 50% discount vouchers for a spin trial class at  Seiileafi (Sey-leya'fi), two artworks from Kambal Gallery, vouchers from Potato Corner and San Miguel wireless chargers.

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Team Sarimanok, composed of alumni from different schools, won a series of fun games that tested contestants’ skill and dexterity. Four other mixed-member teams competed in the games that highlighted the gathering.

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First dinosaur fossils to be found in HK to go on display tomorrow

Posted on 24 October 2024 No comments

 

The first dinosaur fossils found in HK will go on display at Kowloon Park

The first-ever dinosaur fossils to be discovered in Hong Kong is set to be displayed at the Heritage Discovery Centre in Kowloon Park from tomorrow, Friday.

Officials announced yesterday that the priceless fossils, believed to date back to the Cretaceous period, about 145 million to 66 million years ago, have been discovered on Port Island in the northeastern waters of Hong Kong.

A Hong Kong-based paletontologist said earlier today that the discovery of dinosaur fossils in the city is a “momentous” achievement, and could lead to more exciting finds in the region.

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In an interview published by RTHK, Michael Pittman from the School of Life Sciences at Chinese University  said, "The discovery of these bones is super exciting because we have rocks of the right age and the right environment but having looked for so many years, different people have not been able to find dinosaur bones, including myself.”

Pittman added that the bones appear to have come from some larger dinosaurs. “I've seen pictures of models that are of long-neck dinosaurs and the hadrosaur dinosaurs, so these are among the biggest,” he said.

He also called the find “very lucky” since Hong Kong is not an ideal place for fossil preservation, as it had a lot of volcanic activity in the past.

Hong Kong’s topography and landscape also made finding dinosaur bones around here challenging as there isn’t much area to look for fossils, and the rocks are quite hard and do not readily erode out fossils.

"When we look for fossils, we typically go to a place where you can easily access them, and we focus on places where there are lots and lots of fossils, so it's rich in fossils and makes it easier,” he said.

But, he added China is one of four main countries in the world for finding dinosaur fossils, along with the United States, Canada and Argentina.

A Chinese expert asked to study the fossils at Port Island 

The historic find was unveiled at the signing of a framework agreement on deepening exchanges and cooperation between Hong Kong’s Development Bureau and the Institute of Vertebrate Paleontology and Paleoanthoropology (IVPP) of the Chinese Academy of Sciences.

As early as March this year, the Agriculture, Fisheries and Conservation Department relayed the information that the sedimentary rock on Port Island in the Hong Kong Unesco Global Geopark, might contain vertebrate fossils.

The government then commissioned experts from IVPP to come to Hong Kong and conduct field investigation, study fossils and recommend management plans and follow-up actions.

After doing a preliminary scientific analysis, the experts determined that the specimens were bone fossils of large aged dinosaur. Further tests confirmed that the fossils dated back to the Cretaceous period, which lasted up to 145 million years ago.

Further studies will be conducted to confirm the dinosaur species.

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Storm leaves 24 dead in PH but will barely be felt in HK

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Naga City underwater

Tropical Storm Kristine, international name: Trami, blew out of Northern Luzon this afternoon, leaving behind at least 24 dead scattered in a swathe of destruction caused by floods brought by heavy rains it dumped on most of the country.

The storm hit land in Isabela after midnight  today, and has established an east-ward path that aims for Hainan Island and would take it within 800 kilometers south of Hong Kong, which could prompt the Hong Kong Observatory to raise the standby signal No. 1 by 4 a.m. tomorrow.

Kristine started causing damage days before while it was hovering east of Luzon, by drenching Quezon Province and the Bicol region with two months’ worth of rain in 24 hours, and triggering landslides and floods that reached up to the second floor of houses. Lahar from Mayon Volcano cascaded down to lower areas, burying farms and vehicles.

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More than 2 million people were affected by the storm, including 75,400 villagers who were displaced from their homes and are sheltering on safer ground, according to the government’s disaster-mitigation agency.

A total of 7,674 passengers were stranded in ports nationwide as of this noon as sailings were suspended due to rough seas, according to the Philippine Ports Authority (PPA) .

Most of the fatalities were due to drowning in Bicol, where at least 20 people died, including 7 residents in Naga city, and the toll was expected to rise as isolated towns and villages in other areas manage to send out reports, the Associated Press reported.

Relief gods assembled by Angat Buhay

As this developed, rescue efforts have peaked, with non-government organizations like Angat Buhay, headed by former Vice President Leni Robredo, bringing relief goods and hot meals to flood victims as first responders.

In Hong Kong, 26 OFW organizations have joined hands to gather relief goods to be sent to the flood victims in a project they called Relief Operation Tulong #Bagyong Kristine Ph.

They are calling on their members to bring whatever they could donate -- food items, clothing, personal hygiene products, etc. -- to their assembly point in front of Prada on Chater Road, where they would be picked up by LCSN Express Hong Kong Limited which donated door-to-door boxes.

They are also accepting cash donations.

Logos of participating OFW groups

Bicol police chief Brig. Gen. Andre Dizon and other officials said about 1,500 police officers have been deployed for disaster-mitigation work.

“We can’t rescue them all at once because there are so many and we need additional motorboats,” Dizon told AP. “We’re looking for ways to deliver food and water to those who were trapped but could not be evacuated right away.”

Ex-VP Leni Robredo (on the back of the boat) leads relief operations in Naga

The storm will barely be felt in Hong Kong, with the Observatory expecting mainly fine weather tomorrow, with temperature ranging from 23 to 29 degrees, becoming cloudy with showers at night.

It will be windy with a few showers on Saturday and on Sunday. Winds will weaken gradually later on Sunday. Showers are still expected on Monday.

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Waiters, cooks and cleaners among 29k imported workers allowed entry to HK

Posted on 23 October 2024 No comments
Nearly 29,000 imported workers were allowed to enter HK in the past year

Nearly 29,000 imported workers in the unskilled or low-skilled categories were allowed to enter Hong Kong by the government since the Enhanced Supplementary Labour Scheme (ESLS) was launched on Sept. 4 last year.

This was according to Labour Secretary Chris Sun, in his written reply submitted to the Legislative Council today, Oct. 23, to questions raised by legislator Chau Siu-chung.

Sun said that from Sept 4, 2023 to Sept 30, 2024, a total of 7,448 applications seeking to import 66,230 workers were received by the government under the ESLS. Of these, 3,886 applications were approved, involving 28,818 quotas for imported workers. 

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The ESLS was introduced by the government to enhance or expand the coverage and operation of the previous Supplementary Labour Scheme (SLS), including the general exclusion of 26 job categories as well as unskilled or low-skilled posts, from labour importation for two years

This was apart from previous efforts to address the severe manpower shortage in Hong Kong, including the launch of sector-specified labour importation schemes for such sectors as construction, transport, and residential care homes.

Under the ESLS, The biggest number of imported workers to have received the nod of Labour  in terms of categories were waiters or waitresses, who numbered 5,231, according to figures supplied by Sun.

Next were cooks, who numbered 3,174; followed by junior cooks, with 2,867; sales assistants with 2,294; and warehouse keepers, with 1,084.

But the list was surprisingly wide-ranging, and included jobs previously reserved only for locals, such as receptionists, clerical workers, telephone operators, hairstylists and washers.

There were also thousands of recruits for low-skilled jobs such as security guards, who numbered 1,057; cleaners, 1,239; dish washers, 1,259; and room attendants, 509.

For a full list of the SELS applications made in the past year, please click this link:https://gia.info.gov.hk/general/202410/23/P2024102300236_475296_1_1729656286611.pdf

Secretary Sun says assures local workers will never be displaced by foreigners

Sun said the Labour Department has no figures for the number of imported workers who have arrived under the ESLS as their successful deployment would depend on the employers’ handling of relevant procedures, such as submitting visa/entry permit applications to the Immigration Department within six months of approval of the imported work application.

He assured legislators that there are enough safeguards to ensure that no foreign worker is hired when a local counterpart is available, such as requiring applicant employers of the ESLS to undertake a four-week local recruitment exercise initially.

After completing such recruitment, the employers shall report the results to Labour, which will then contact each of the local jobseekers whose applications were not approved, and assess whether the employers were sincere in hiring locally first.

If an employer is found to have violated the terms for local recruitment such as offering local workers a salary lower than that approved by Labour, or refused to hire qualified local jobseeker without reasonable grounds, the employer will be disqualified from hiring import labour.

Any application submitted by the errant employer in the following year will also not be processed.

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Artworks by survivors of online child sex abuse on display at Consulate

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The exhibit hopes to bring light to victims of child sex abuse

A special art exhibit dubbed “Gallery of Hope” is on at the Consulate’s public  area, to mark the Museums and Galleries Month this October.

The exhibit, dubbed “Gallery of Hope”, showcases art works by children who have survived online sexual abuse and exploitation in the Philippines.

Despite the nightmare that they were made to go through, the contributing artists still made bright and colourful drawings, a reminder to everyone that a grim past should not hinder a brighter future.

Some information about online sex exploitation is flashed on the screen in the public area
In a survey report published only  last October 9, the United Nations Children’s Educational Fund (Unicef) revealed that one girl in every eight worldwide experienced rape or sexual assault before the age of 18.

The situation is most dire in the Philippines, which is now said to be considered the center of online sexual abuse and exploitation of children worldwide.

An earlier Unicef survey found that 7 million children are reportedly sexually and physically abused in the country each year.

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The abuse is committed within families and the community, and many local governments are reportedly complicit as they give permits to operate to sex bars, clubs and hotels where trafficked minors are brought to and sold for sex to customers, many of whom are foreigners.

The problem is highlighted in a case reported Tuesday, where a Filipino mother and her live-in partner were arrested for allegedly selling sexually explicit photos and videos of the woman's six-year-old son to pedophiles abroad for between Php1,500 to Php5,000 per material.

The alleged offence was uncovered by police investigators who were tipped off by Australian authorities after one of the couple's clients was arrested. The boy’s mother reportedly met potential clients on online dating sites.

Both she and her partner were arrested and charged with online sexual abuse and exploitation of children, which is punishable under RA11930 with a maximum penalty of life imprisonment and P2 million in fine.

Consul General Germinia Usudan poses with staff and guests at the exhibit launch on Oct 13

At the exhibit’s launch, the Consulate took the opportunity to distribute informational brochures from the government on the growing problem of online sexual abuse and exploitation of children in the country.

The exhibition is open to the public until the end of October at the “Sining Malaya Art Corner” located at the Philippine Consulate’s public area from Sunday to Thursdays, 9:00 a.m. to 4:00 p.m.

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Asylum-seeker gets 15 months’ jail for illegal work

Posted on 22 October 2024 No comments

 

Upstairs bar where the Filipino was arrested  (Google Maps Photo)

A Filipino asylum seeker was jailed today for 15 months after he pleaded guilty at Eastern Court for taking employment while under a deportation order.

Melben Tamayor, 40 years old, was arrested on Dec. 23, 2023 along with a Nepalese while working as a waiter at the Tai Tai bar on D’Aguilar Street in Central.

He was convicted of violating section 378X of the Immigration Ordinance, which prohibits people of his status of taking employment, whether paid or unpaid, without the authority of the director of Immigration.

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Principal Magistrate Don So adjourned the case against his co-accused, Chetri Wagle, aged 24, to Nov. 21.

He was charged with selling liquor without a licene and possession of liquor for sale without a license, both a violation of the Dutiable Commodities Ordinance.

He was accused of selling Corona beer to undercover police officers, as well as having in stock 130 bottles and cans of liquor without permission from the Liquor Licensing Board.

He is free on $5,000 bail.

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2 students placed under probation for theft

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The theft happened inside this MTR station (Google Maps Photo)

Two Filipino teenaged students have been placed under probation after being convicted of stealing two powerbanks from a convenience store.

Principal Magistrate Don So handed down an 18-month probation order on an unnamed 14-year-old and a 12-month probation to C. Julian, 17 years old, after the two agreed to the arrangement during a hearing on Monday (Oct. 21).

They were charged with stealing two powerbanks worth $378 from a 7-Eleven store inside the MTR Sai Ying Pun station last April 24, in violation of the Theft Ordinance.

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Julian also forfeited a $2,000 bail for breaching the bond in an earlier case.

Probation is an alternative penalty provided by the Probation of Offenders Ordinance, under which the two are required to be under the supervision of a probation officer for the periods specified for them to secure “the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences.”

Meanwhile, in a separate hearing held today, Magistrate So sentenced a Filipina domestic helper to two weeks’ imprisonment, suspended for three years, after she pleaded guilty to stealing $1,000 cash from her employer.

Margie Casis, 42 years old, was convicted of stealing the cash last Sept. 20 at her employer’s flat in Kornhill, Quarry Bay.

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Enforcement of ban on single-use plastics take effect tomorrow

Posted on 21 October 2024 No comments

 

Penalties will be imposed on violators of the plastic ban from tomorrow

From tomorrow, expect restaurants to totally stop providing customers with disposable plastic utensils, cups, plates and other food containers. Hotels should also no longer provide guests with free plastic bottled water and toiletries.

This is after the lapse of the six-month grace period imposed by the government on the ban on single-use plastics announced on April 22 this year, meaning strict enforcement of the law will  begin.

Any retailer found to have violated the regulations will be issued a written warning on the spot, with the persons in charge ordered to rectify the situation within 10 working days. If the violation persists, a fixed penalty of $2,000 will be imposed on the retailer.

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For other businesses such as catering and hotels, the Environmental Protection Department will take action based on complaints, and may issue warnings after an investigation.

Repeat offenders face a maximum fine of $100,000 after prosecution.

In a statement , the EPD advised businesses that still have unused stock of disposable plastics to consider discussing with suppliers about returning the goods, or to contact plastic recyclers for recycling and recovery.

They may call the EPD hotline at 2838 3111 for assistance.

The EPD said that in the six months since the new law implemented, there has been a marked decrease in plastic consumption across the city, apart from a noticeable trend among residents to cut down on waste.

Restaurants have reported that many customers have begun bringing their own reusable cutlery for takeaway orders, while about 80% of customers in restaurant chains have opted not to ask for them. In addition, about 30% of restaurants no longer provide takeaway cutlery.

All these, said the EPD, resulted in as many as 30 million sets of disposable cutlery being saved since the new regulation took effect.

The EPD is urging the public to use their own cutlery for takeaways to further contribute to cutting down on waste. If using disposable cutlery cannot be avoided, non-plastic alternatives should be chosen.

The EPD also noted reports from property management companies that most people have become accustomed to using fabric umbrella dryers instead of disposable plastic umbrella bags. Many people have also become accustomed to using reusable umbrella bags to avoid water drips.

There has also been a significant decrease in the use of disposable plastic products, such as plastic balloon sticks, glow sticks, and party hats during festivals, with businesses co-operating by switching to selling alternative products.

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Alarm sounded as Filipina DH in HK tricked into carrying drugs to Laos

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Page 1 of the Consulate advisory on the drug syndicate in Laos preying on OFWs

The Philippine Consulate in Hong Kong has issued a warning about the possibility of overeas Filipino workers (OFWs) being targeted by drug and human trafficking syndicates through love scams and fake employment offers.

This was after a Filipina domestic worker was reportedly tricked by her online boyfriend into giving up her job in Hong Kong on the promise of a high-paying job in Laos.

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“Unknown to her, her (online) boyfriend is part of a drug syndicate and they used her luggage to attempt to transport drugs to another country,” the Consulate said in an advisory posted on its Facebook page earlier today.

“This resulted in the OFW’s arrest on charges of drug trafficking.”

Page 2 of the advisory

According to Vice Consul George Soriano, the unnamed OFW is still in jail, as confirmed by the Philippine embassy in Laos.

The information about her arrest was relayed to the Consulate in Hong Kong by the OFW’s son, but other details of her case are being withheld for privacy reasons.

The Consulate warned Filipino migrant workers against engaging in third-country recruitment and accept job offers only from recruitment agencies licensed by the Department of Migrant Workers.

OFWs must also be wary of people they meet only online and to conduct a thorough background check on them before meeting up with them, or trusting their words easily.

 

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Monkey death toll in HK Zoo now up to 11

Posted on 20 October 2024 No comments

 

The monkeys found dead at HK Zoo were infected with melioidosis (RTHK photo)

Another monkey has died at the Hong Kong Zoological and Botanical Gardens I Central, bringing the total number of animals that have passed away there since October 13 to 11.

The Common Squirrel Monkey was one of two that were isolated and died, after eight monkeys were found dead at the zoo on Oct. 13.

A third animal, a De Brazza Monkey, is still under isolated surveillance and is given medication.

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Necropsies done on the nine animals that passed earlier revealed that the deaths were due to melioidosis infection, which usually occurs through contact with contaminated soil and surface waters.

Authorities have been quick to point out that the infection is not passed person-to-person or animal-to-person.

They believe the spread of the disease must have started from soil digging works in the zoo in early October, which could have resulted in the monkeys having contact with the bacteria.

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In addition, they said the incubation period for melioidosis in primates is about a week, which  matched with the period after the soil digging works.

Following the animals’ deaths, the Leisure and Cultural Services Department has closed off the mammals section of the Zoo and Gardens since Oct 14, and thorough disinfection and cleaning of the animal cages carried out.

The health condition of the staff who work in the suspected area of contamination is being closely monitored although they all tested for the bacteria.

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So far this year, a total of 19 people have been infected with melioidosis s, compared to 17 in 2023, sparking concern.

The Centre for Health Protection urges the public to exercise caution, particularly during and after typhoons and storms. They should avoid going to flood-prone areas, and not wade or come into contact with muddy water and sol.

The latest case of melioidosis infection among humans was reported on Oct 18, when a 59-yearold woman with a pre-existing health condition tested positive for the bacteria.

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