Carrying someone else’s HK ID card can bring you legal trouble

 

The case was heard at West Kowloon court

Filipina Lowela dela Cruz, 39 years old, learned this lesson after she was taken to the West Kowloon court last Friday (Dec. 27), charged with two offenses, and then detained after her case was adjourned to Jan. 24 next year.

Her legal troubles began when she was accosted by a police officer at the corner of Fuk Wah and Pei Ho Street in Sham Shui Po last Nov. 13 and demanded to see her HKID card.

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However, it turned out that the HKID card she was carrying was not hers; it was in the name of Rowena Sotelo.

As a result Sham Shui Po Police charged her with “custody of an identity card relating to another person… without lawful authority or reasonable excuse,” which is a violation of section 7A(1A) of the Registration of Persons Ordinance.

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Further investigation also revealed that Dela Cruz had overstayed by more than two years, and was charged with “breach of condition of stay – overstay” in violation of section 41 of the Immigration Ordinance.

She was originally permitted to stay and work in Hong Kong as a foreign domestic helper, the police complaint said.

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However, she was terminated on Aug. 13, 2022 and did not leave as required under her condition of stay, after the expiration of the two-week grace period for her to find a new employer and extend her visa.

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Self-service kiosks for intl driving permit opens today

Applicants may obtain the international driving permit in just one day through these kiosks

The Transport Department today launched self-service kiosks that will process international driving permits in just one day, starting on Jan. 13, 2025.

Two kiosks were opened, one at the licensing office at United Centre in Admiralty and another at the Kowloon Licensing Office at the Cheung Sha Wan Government Offices.

An applicant who plans to drive outside Hong Kong will be able to apply for the international driving permit at either office, and collect it on the same day from 9am to 5pm from Monday to Friday, except on public holidays.

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Those qualified to apply are holders of a Hong Kong identity card and a Hong Kong full driving licence which is valid or has not expired for more than three years.

They may book an appointment starting today via the online Appointment Booking System (www.gov.hk/en/residents/transport/drivinglicense/abs.htm) for using the Self-service Kiosk.

Eligible persons with an "iAM Smart+" account equipped with the identity authentication and digital signing functions should bring along their address proof (issued not more than three months from application date) and visit the Self-service Kiosk at the Licensing Office concerned at the selected time slot. The IDP application procedures are as follows:

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-          Perform identity authentication by "iAM Smart+", and input application information;

-          Verify e-contact means and scan the address proof; 

-          Take photo at the Self-service Kiosk;

-          Input mobile phone number to receive SMS notification on permit collection;

-          Perform digital signing by "iAM Smart+"; and

-          Make electronic payment and get the receipt.

If the documents are in order, the permit will be ready for collection within an hour at the designated counter of the same Licensing Office. Successful applicants will be notified through SMS.

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The current applications made via the GovHK's website or through submitting a paper application form over the counter at the Licensing Offices in person, through drop-in boxes and by post remain unchanged.

For online or postal applications, if the application details are in order, the Transport Department will mail the permit by registered post within 10 working days.

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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.

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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.

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.

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

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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.

"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.

• 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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