Cook avoids jail after charge downgraded

 

Corner where the wounding allegedly happened (Google Maps photo)

A Filipino cook accused of wounding another man, avoided getting jailed after he was convicted of the less-serious offense of common assault.

Deputy Magistrate Chung Wing-sze, handed down the sentence of two weeks imprisonment, suspended for 15 months, on Michael Tan at the conclusion of his trial at Eastern Court on Friday (Dec. 27). 

With the sentence, Tan need not serve his prison sentence as long as he does not reoffend within 15 months.

Tan,  48 years old,  had denied a charge of “unlawfully and maliciously” wounding fellow Filipino Domingo Nunag, who emerged with a bleeding head from a fight with Tan at the corner of Water St. and Queen’s Road west in Sai Wan last Dec. 11, 2023.

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Magistrate Chung raised the possibility of an alternative charge to wounding, an offense punishable with imprisonment of up to three years under section 9 of the Offenses Against the Person Ordinance, after Tan’s lawyer defense summed up his case last Dec. 24.

The lawyer asserted that the prosecution failed to prove Tan caused the wound on Nunag, and failed to disprove the defense assertion that the wound could have been caused by something other than Tan’s action because he fell backwards during the fight.

He noted that Nunag’s recollection was unclear, and his evidence in court was contradictory, such as when he said Tan used a knife when the police did not find the knife at the scene and the CCTV footage of the incident did not show Tan holding a knife.

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The lawyer also said Tan threw an aquarium at him from his flat’s window upstairs, which he described as a concoction.

Nunag told the court that he was dizzy to explain the errors in his testimony, which also raised questions on his reliability as a witness, the lawyer said.

The defense lawyer also said Nunag, who has had six criminal convictions, had gone twice to Tan’s flat uninvited and sent him a threatening message.

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Nunag also was the aggressor, stepping forward to kick Tan and throwing an object at him, thus raising the self defense argument which would justify the wounding if it had been proven, the lawyer said.

“Prosecution has not challenged this defense,” the lawyer added.

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Filipino family of 4 loses appeal to stop deportation

 

The Court of Appeal hears cases in the High Court building

A family of four Filipinos has lost an appeal against a judge’s decision refusing them leave to apply for a judicial review of the Torture Claims Appeal Board's decision to deny their claim for non-refoulement, or against being sent back to the Philippines.

Lorenza A. Bool, her husband Jay and children Lander Jay and Jasmine Lei, have been fighting to remain in Hong Kong since 2017, claiming that their lives were in danger back in the Philippines because of their failure to repay a loan.

Later they argued that they cannot be sent home because Lander has a serious kidney problem that could worsen in the Philippines; and Jasmine needs to remain in Hong Kong to study.

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But in a decision handed down on December 19, the Court of Appeal said it could only intervene if there were proper grounds raised. Mere assertions of fear, or concerns about the health of a family member, do not qualify as such.

In their notice of appeal filed on Oct. 16, 2023 the applicants “challenged the Director’s finding that there was no real risk of possible loss of life; that the Immigration Department was mistaken about the practice of moneylenders (loan sharks) in the Philippines, which are dangerous and are often politically affiliated and condoned by the police.”

 The applicants also said they did not wish to live in fear back in the Philippines, and are only after their children’s wellbeing.

Lorenza entered Hong Kong on Oct 1, 2016 as a visitor and should have left by Oct 15 in the same year, but decided to stay.

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Her husband and the two children came in also as tourists on Jan. 13, 2017, but likewise chose not to leave on or before their visas expired on Jan. 28 of the same year.

Between Feb.24 and March 31, 2017, the entire family lodged non-refoulement claims based on the risk of harm from the moneylenders.

By Feb 13, 2018 the Immigration Director dismissed the applicants’ non-refoulement claim on all applicable grounds, including torture and persecution risk.

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The applicants jointly appealed the Director’s decision to the Board, and during an oral hearing of the application, Lorenza testified on behalf of the family. But on March 21, 2019 the Board dismissed the application and upheld the Director.

In rejecting the review bid, the Board pointed to a number of inconsistencies and contradictions in the applicants’ statements which it said, “undermined the reliability of the applicants’ claims.”In particular, the Board noted Lorenza’s failure to recount how she was allegedly located by one of the moneylenders after she went into hiding.

The Board also rejected the claim about a loan being made, and of moneylenders still hot on their trail when the last time Lorenza had supposedly seen them was in October 2016; that the applicants had suffered physical or mental sufferings; and that the Philippine government refused to offer assistance to the family.

On the other hand, the Board was assured of the availability of state protection and internal relocation within the Philippines.

In affirming the judge's decision, the Court of Appeal said it could only intervene based on grounds advanced by the applicant.  “If no viable ground is put forward to reverse the judge’s decision, the appeal should be dismissed,” said the court.

The CA also said it does not consider evidence that was not advanced before the Director of Immigration or the court below, or intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board.

“In our view, the applicants’ case has no merit.  The applicants had failed to identify or show with specific particulars any error in the Judge’s Decision refusing to grant leave to apply for judicial review, or raise any viable ground of appeal against the Judge’s Decision.” said the CA.

“General assertions of fear if refouled do not constitute proper grounds of appeal…The expressed health concerns of family members are also not proper grounds.  Their appeal must fail on the basis of lack of proper grounds of appeal alone.”

The decision was penned by Vice President Carlye Chu and affirmed by Vice President Susan Kwan.

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2 Pinay, 1 Indon DH jailed for money laundering

 

Accused DH insists she's innocent of the charge of money laundering

Three domestic helpers, two of them Filipinas and one Indonesian, were sentenced today in Kwun Tong Court to jail terms of from eight to 14 months after admitting their roles in related cases of money laundering.

Acting Principal Magistrate Leung Ka-kie heard the charges against Filipinas Katrina Zafra and Antoneth Libaten and Indonesian Sugiarti together in one case, because their bank accounts were traced to a scam.

They had earlier pleaded guilty.

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Libaten, 44 years old, received the longest jail term of 14 months for “dealing with property known or believed to represent proceeds of indictable offense”, in violation of the Organized and Serious Crimes Ordinance.

Her HSBC bank account received the biggest amount of crime money in the group, at $1,023,500, between 8 and 15 June, 2021, with the help of a certain “Sunday”.

Also jailed for the same offense was Zafra, 40 years old, who was given the shortest sentence at eight months because the amount of crime money that passed through her Hang Seng Bank account between April 28 and June 18, 2021, was the smallest in the group, at $530,294.72.

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She was convicted of dealing with crime proceeds with the help of persons named “Estella Corpuz” and “Valentin Sunnday”.

Sugiarti, 46 years old, was sentenced to 10 months in jail because of the $619,600 in crime money that entered her HSBC account between May 3 and June 5, 2021, wth the help of a certain “Dini”.

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The case against a fourth defendant in the case, Chinese Lui Shu-Wa, 26, is being heard separately as it is still under investigation.

She is accused of handling, together with a certain “Jeff”, a  total of $924,611.51 between March 22 and April 30, 2021.

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CHP warns against poisonous shellfish

Patient felt numb and nauseous after eating mussels 

The government has called on people to be extra careful with shellfish, in the wake of a suspected case of paralytic shellfish poisoning of a 69-year-old woman after eating mussels (tahong in Tagalog) on Christmas eve.

The Centre for Health Protection (CHP) of the Department of Health is investigating the case after she was taken to the Pamela Youde Nethersole Eastern Hospital complaining of numbness of mouth and limbs, vomiting and diarrhea within 30 minutes of consuming the mussels at home.

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The patient has been in a stable condition, the CHP said.

Initial enquiries revealed that the mussels were purchased from a seafood stall in Chai Wan Market.

"Paralytic shellfish poisoning toxin is a natural toxin sometimes found in bivalve shellfish. It is heat-stable and cannot be destroyed through cooking," the CHP spokesman said.

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"The symptoms of paralytic shellfish poisoning are predominantly neurological and the onset is usually within minutes to hours after ingestion of the shellfish. Initial symptoms may include tingling, numbness of the mouth and extremities, a headache, dizziness and gastrointestinal discomfort. In the majority of cases, symptoms are resolved completely within a few days. In severe cases, difficulty in swallowing and speech, paralysis with respiratory arrest and even death may occur," the spokesman added.

The spokesman reminded members of the public that they should seek medical advice immediately if they develop shellfish poisoning symptoms, and save any leftovers for investigation and laboratory testing.

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• To reduce the risk of shellfish poisoning, the public should:
• Buy shellfish from reliable and licensed seafood shops;
• Remove the viscera, gonads and roe before cooking and discard any cooking liquid before consumption;
• Eat a smaller amount of shellfish in any one meal; and 
• When symptoms occur after consuming shellfish, seek medical advice immediately.
• When symptoms occur after consuming shellfish, seek medical advice immediately.

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Misa de Aguinaldo held at OWWA Center

The first Misa de Aguinaldo held at the new OFW Global Centre

 About 300 people crammed the newly opened OFW Global Center in Admiralty Tuesday night to join the traditional Misa de Aguinaldo organized by the Chaplaincy for Filipino Migrants and the Philippine Consulate.

Among the worshippers at the mass officiated by Filipino chaplain Fr Jay Flandez, were Consulate officials led by Consul Sheila Monedero-Arnesto and Vice Consul Allan G. Revote, and various Filipino migrant leaders.

In his homily, Fr Jay likened Jesus Christ to a migrant worker who left the comfort of his home to become the guiding light of his family.

Most of the worshippers were PCG staff and Filcom leaders

Like Him, people can help spread the word by living the life of true Christians, said Fr Jay. “If we live our faith we can inspire people. If we live our faith, we can heal the world,” he said.

As in previous years, the mass was preceded by the announcement of the winners of the Consulate’s “PaStaran” or parol-making competition among migrant workers’ organizations.

This year’s big winner was Diwa’t Kabayan Benlife Society, which won both the Grand Prize as awarded by the judged, and the People’s Choice Award, which was determined by the biggest number of “likes” that the entry garnered on Facebook.

The winners of PaStaran pose with Consulate officials who acted as judges

The gathering ended with another Filipino tradition, a simple snack of puto, cuchinta and sandwich, which was offered to everyone who attended.

The traditional Christmas eve mass for Filipinos used to be held in Chater Garden but was moved to the Bayanihan Centre in Kennedy Town in recent years. 

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This year, the Overseas Workers Welfare Administration which runs the OFW Centre, offered the use of the community hall in the 20,000-foot facility, making the mass more intimate, and served as a refuge from the cold outside.

The Misa de Aguinaldo, is traditionally celebrated in the Philippines between 10:00pm and midnight on Christmas eve.

The winning parols, with the Grand Winner at center, are displayed on stage

On the other hand, the “parols” or star-shaped lanterns which adorn churches and private homes across the country, are regarded as the light that beckons people to come and adore the new-born Saviour.

Like the pre-Christmas novena or the Simbang Gabi, the Misa de Aguinaldo is a custom brought to the Philippines some 400 years ago by Spanish friars, and has since become an integral part of Christmas celebrations in the country.

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Dec 26 now a statutory holiday in HK

 FOR DEC 25

All employees, including FDHs, get to spend another holiday after Christmas starting this year

Starting this year, the first weekday after Christmas (which this year is December 26), becomes part of the permanent statutory holidays in Hong Kong.

This means that employees, including foreign domestic workers, can take the day off, enabling them to have two holidays in a row.

If, on any succeeding years December 26 falls on a Sunday, the next day, December 27, becomes the statutory holiday.

Designating the first weekday after Christmas as a statutory holiday is part of the Hong Kong Employment  (Amendment) Ordinance 2021, which provides for the progressive increase of statutory (paid public) holidays from 13 days to 17 days by 2030.

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The first of the five additional public holidays, the Birthday of Buddha, became effective in May 2022. This is the second one to be designated as an additional statutory holiday, making a total of 14 paid public holidays.

Under the Ordinance, statutory public holidays will continue to be added according to the schedule below until fully enacted in 2030:

-          Easter Monday will be effective from 1 January 2026,

-          Good Friday will be effective from 1 January 2028, and

-          the day following Good Friday day will be effective from 1 January 2028.

Employers are reminded to ensure compliance. For those with FDHs, they must allow their helpers to go out for another holiday on this day, and in all the succeeding years.

Here is the complete list of Statutory Holidays for 2024: 

1.         The first day of January          1 January        

2.         Lunar New Year's Day           10 February    

3.         The third day of Lunar New Year      12 February    

4.         The fourth day of Lunar New Year    13 February    

5.         Ching Ming Festival   4 April

6.         Labour Day     1 May 

7.         The Birthday of the Buddha  15 May           

8.         Tuen Ng Festival         10 June           

9.         Hong Kong Special Administrative Region Establishment Day        1 July  

10.       The day following the Chinese Mid-Autumn Festival           18 September 

11.       National Day   1 October       

12.       Chung Yeung Festival            11 October     

13.       Chinese Winter Solstice Festival or Christmas Day (at the option of the employer) 21 December or 25 December       

14.       The first weekday after Christmas Day*        26 December  

*According to the Employment (Amendment) Ordinance 2021, the newly added statutory holiday from 2024 onwards is the first weekday after Christmas Day.

Please note:

(i）According to the Employment Ordinance, when either Lunar New Year's Day, the second day of the Lunar New Year or the third day of the Lunar New Year falls on a Sunday, the fourth day of the Lunar New Year is designated as a statutory holiday in substitution; and in the event that the day following the Chinese Mid-Autumn Festival falls on a Sunday, the day thereafter (i.e. the 17th day of the eighth month of the lunar calendar) is designated as a statutory holiday in substitution. As the second day of Lunar New Year of 2024 falls on a Sunday, the fourth day of Lunar New Year will be designated as a statutory holiday.

（ii）All employees are entitled to the above statutory holidays. If the statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day. An employee having been employed under a continuous contract for not less than 3 months is entitled to the holiday pay which is equivalent to the average daily wages earned by the employee in the 12-month period preceding the holiday.

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Filipina accused of theft, shopping with stolen credit cards

 

Hotel is on 2nd floor of this building (Google Maps photo)

A Filipina is spending Christmas in jail after the Kowloon City court adjourned a case accusing her of stealing a wallet from a HK resident who had checked into a hotel, and using the enclosed credit cards to make six purchases all over Kowloon.

Mylene Navarro, 48 and unemployed, was remanded in jail by Acting Principal Magistrate Ko Wai-hung after she appeared Tuesday (Dec. 24) on one charge of theft and six charges of obtaining property by deception.

A police complaint alleged that Navarro’s offenses began with the theft of a wallet, along with a mobile phone and a Rolex Watch – all valued at $96,092.50  last Nov. 23 at a room in Rainbow City Inn on Pitt Street in Yau Ma Tei.

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The wallet contained an American Express credit card, a Mastercard issued by Hang Seng Bank, UnionPay card issued by Hang Seng Bank, a Mastercard issued by HSBC, and a Mastercard issued by Standard Chartered Bank.

These credit cards were used to make six purchases totalling $6,279 within the same day, for which police brought six charges against her of obtaining property by deception.

The police complaint said the first purchase of $1,204 was made at a CircleK shop on Jordan Road in Yau Ma Tei, using the Standard Chartered credit card.

The second purchase of $2,292 was made at a 7-Eleven store on Bowring St. in Yau Ma Tei, using the Standard Chartered credit card.

The third purchase of $227 was made at a 7-Eleven store at the Prince Edward MTR station, using the HSBC credit card.

The fourth purchase of $204 was made at a 7-Eleven store on Jordan Road in Yau Ma Tei, using the HSBC credit card.

She then went to a McDonald’s restaurant at Yen Chow St in Sham Shui Po, using the Standard Chartered credit card to pay her bill of $138.

Finally, she went shopping at a Wellcome store on Lai Chi Kok Road in Mong Kok, using the American Express credit card to pay her bill of $2,214.

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Filipina, employer cleared of illegal work charges

 

Trial of Filipina and employer at Shatin court ends in acquittal 

A Filipina domestic helper and her Italian employer walked free from Shatin Court today after they were acquitted of illegal work charges arising from her being present at his office during routine checks by Immigration officers.

Deputy Magistrate Johnny Cheung gave credence to the argument of the defense during trial that being present in the office of Carlos Alberto Perez Nunez at Sabatini Hong Kong Ltd., did not mean that Juvy Sonido, 38 years old, was working there.

With this conclusion, Magistrate Cheung cleared both Sonido and Perez Nunez of three charges each.

They had been on bail of $1,000.

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Sonido, whose domestic employment contract with Nunez was approved by the Immigration Director on Aug 19, 2021, was alleged to have performed odd jobs at Sabatino Hong Kong Limited, which is described on its website as an importer, manufacturer and distributor of truffles.

She was originally accused of working at the said company four times from Aug. 19, 2021 to  Dec. 5, 2021, contrary to her visa condition which forbade her from taking up any employment without approval from the Director of Immigration.

Nunez, described in the HK IFBA's (Imported Food & Beverage Association) website as Sabatino HK's director, was alleged to have aided and abetted Sonido’s illegal work each time.

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During the trial, one charge each was withdrawn against both Sonido and Nunez.

Sonido was thus tried for three counts of violating sec 41 of the Immigration Ordinance (Cap 115)  and Regulation 2 of the Immigration Regulations, which forbid anyone who is on employment visa in Hong Kong to take up jobs other than what is stipulated in their contract.

Nunez was also tried for three counts of aiding and abetting illegal work, which is contrary to section 89 of the Criminal Procedure Ordinance (Cap 221) and section 41 of the Immigration Ordinance (Cap 115) and by virtue of Regulation 2 of the Immigration Regulations. Under section 41 of the Immigration Ordinance, anyone found to have worked, whether paid or unpaid, without approval from the Immigration Department, is liable to a maximum fine of $50,000 and imprisonment for two years.

On the other hand, sec 89 of the Criminal Procedure Ordinance provides that “any person who aids, abets, counsels or procures the commission by another person of any offence shall be guilty of the like (same) offence.”

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Online system replaces queuing to get free dental treatment

 

Photo from Department of Health

People needing free dental treatment will no longer need to line up personally at government dental clinics starting on Dec. 30, when a new online registration system starts operating, the Department of Health (DH) has announced.

They will only need to access the online registration system for dental general public session (ORDGP) to be included in the daily quota of people who will get treatment the next day.

The ORDGP can be accessed through the eHealth mobile application or the DH's Dental Public Session website (https://www.dentalgp.gov.hk/) to register, DH said..

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The registration period will be from 6:00am to 11:30am, from Sunday to Thursday. If the following day is a Saturday or a public holiday, ORDGP will not accept registrations.

DH said the system will conduct balloting immediately after the online registration is closed. People who are successfully allocated a quota will receive a confirmation notification via SMS with the ID "#DH-DENT GP". They can also log into the ORDGP to check the ballot result after 12.30pm on the same day, or call the hotline on 2892 2111 to check from 9am to 5pm during office hours.

“Each person can only register once per day,” DH said. “Quotas will be allocated by computer ballot.”

The DH has long been providing free emergency dental treatments to the public, through designated sessions in 11 government dental clinics to deal with prescriptions for pain relief, tooth extraction or other emergencies such as an oral abscess.

The list of such dental clinis can be found here: https://www.dh.gov.hk/english/tele/tele_chc/tele_chc_dcgps.html

"To cater for the needs of the elderly, half of the quotas will be allocated on a priority basis to elderly people aged 65 or above. Elderly people, who are not allocated a priority quota in the first round, will join other registered persons for the allocation of the remaining quotas by ballot," the spokesman said.

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To allow members of the public to understand more about the online registration process, the DH has uploaded the relevant introduction and demonstration videos to the Dental Public Session website for public viewing (https://www.dh.gov.hk/english/main/main_ds/main_ds_public.html).

Anyone who needs assistance registering may visit any dental clinics with dental general public session between 8.30am and 11.30am to register with the assistance of on-site staff, without using their own personal mobile phone or computer.

Members of the public who are allocated a quota must bring the original copies of their identity documents used for registration to the designated dental clinics on the specified date and time to receive dental services. Citizens registered with eHealth and their family members/carers can also view their relevant attendance records on the eHealth app.

 If any quota remains unallocated after balloting, the ORDGP will provide the public with a list of relevant dental clinics. Members of the public can make appointments on a first-come, first-served basis by calling the remaining quota registration hotline (tel: 2892 2577) between 2pm and 5pm on the same day, or between 7.45am and 9.15am on the service day of the general public session for the remaining quotas (if available).

The DH has established an extensive district network to assist those in need, including District Health Centres, District Health Centre Expresses, Neighbourhood Elderly Centres and the District Elderly Community Centres under the Social Welfare Department, District Councillors' offices, Community Care Teams and dental clinics run by 15 social welfare institutions or non-governmental organizations. The DH has completed a number of online briefing sessions this month to introduce and demonstrate the relevant registration steps and process to the staff members of the above district networks.

During the initial period of commissioning the ORDGP, apart from operating an enquiry hotline (tel: 2892 2111) from 9am to 5pm on weekdays during office hours, the DH will also provide additional enquiry hotline service hours from 9am to 1pm on five public holidays (including January 1, 5, 12, 19 and 26, 2025) for answering enquiries from members of the public.

 The DH spokesman said public dental services are dedicated for those in need of emergency dental treatments only.

Separately, the service hours of general public session for Mona Fong Dental Clinic will be changed from Thursday afternoons to Thursday mornings with effect from January 2, 2025, which will be the same as the other 10 clinics with general public sessions. Please visit the website for addresses and service hours of the 11 dental clinics under the DH with general public sessions.

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Nighttime spectaculars to be staged from Christmas eve to Lunar New Year

 

Photo from HK Tourism Board

People will have a chance to enjoy nighttime spectacles for six nights, between Christmas eve (Dec. 24) and the Lunar New Year (Jan. 30), as part of this year’s Hong Kong WinterFest celebrations.

Three of these events will be the Winter Harbourfront Pyrotechnics, to be held at 8pm on Dec. 24, 25 and 26, 2024 at the West Kowloon Cultural District. 

The 10-minute show can be best viewed from the West Kowloon Cultural District Promenade, although the show can also be seen from the northern shoreline of Hong Kong, from Central to Kennedy Town.

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The Panda Go! Fest HK Drone & Pyro Show featuring 1,000 drones will be held on Dec. 28 starting at 8:15pm at the West Kowloon Cultural District in Kowloon. 

The drones will paint the night sky with pandas and other animals to celebrate the arrival of two giant pandas at Ocean Park, and promote environment conservation. Some drones will be carrying fireworks to add dazzle to the show.

Panda Go! Fest HK, which started last Dec. 16, is an exhibition of panda sculptures designed by renowned artists. Participants can take the pandas home by donating $350 (small), $550 (large), or more (on a first-come, first-served basis until supplies last). The sculptures can be collected on December 26, following their final exhibition at Sun Yat Sen Memorial Park. 

All proceeds from the program will be donated to Ocean Park to support giant panda conservation efforts. 

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As usual, the New Year’s Eve Fireworks display will be held at 12am on Jan. 1 at Victoria Harbor. It will be a 12-minute show with the theme “The Symphony of Happiness”.

It is best viewed from the Central Harborfront, Golden Bauhinia Square, Wan Chai Temporary Promenade, and East Coast Park Precinct on Hong Kong Island, as well as the Hong Kong Cultural Center, Tsim Sha Tsui Promenade, Avenue of Stars, and West Kowloon Cultural District. 

Some of these locations will have audio systems to broadcast music to which of the fireworks are synchronized..

The Lunar New Year Fireworks will also be held at 8pm on Jan. 30, 2025 at Victoria Harbor, and can be seen from the same vantage points.

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