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.

Basahin ang detalye!

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, 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.

PINDUTIN PARA SA DETALYE

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.

Basahin ang detalye!

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.

Basahin ang detalye!

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. 

Basahin ang detalye!

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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Bethune House hits $1M goal, and more

 

Bethune's Edwina Antonio thanks supporters at the Dara fundraiser

Hong Kong never fails to come across as a caring and compassionate society, especially at the most critical times. This was what the staff and clients of the Bethune House Migrant Women’s Shelter found out, after they sent out an SOS (Save our Shelter) appeal in September this year.

Bethune’s executive director Edwina Antonio said then that the shelter was on the brink of closing down because two funding grants failed to materialize as expected. In her appeal which was first published in The SUN, Antonio said Bethune House needed to raise $1 million before the end of the year, to ensure it remained afloat.

Fast forward to last Thursday, Dec. 19, when Antonio happily announced during yet another fund-raiser for Bethune held at Dara Restaurant in Sai Ying Pun, that they managed to hit the $1 million target well ahead of time.

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“There are many things to be thankful for; we already reached our $1M goal and you are all part of its success. Let us give ourselves a round of applause,” said Antonio, whose announcement was greeted with shouts of joy by some 100 guests at the charity event.

By the end of the evening, the Dara fundraiser which was co-organized by its owner Jiramae and Bethune House volunteer Mara Arcilla, added more than $13,000 to the ongoing campaign to keep the 38-year-old shelter continue with its advocacy of providing a safe haven to distressed migrant workers.

The mostly young crowd happily drank their way to filling the kitty for the shelter’s benefit, while enjoying the outstanding performances by guest artists, including singers and dancers from Hong Kong Disneyland as well as the Drag Queens, who all performed gratis.

The Drag Queens who performed gratis, kept everyone happy 

Among those who laughed to their hearts’ content, or relived some of their miserable experiences in Hong Kong during the more solemn parts of the show, were about a dozen Bethune clients staying in its Sheung Wan shelter.

In her speech, Antonio said Bethune manages two shelters, the one in Sheung Wan and  another in Jordan. The two places have a combined bed capacity of 22, but most nights, she said they cater to more, averaging between 45 and 50 clients each month.

Apart from free food and lodging, the women at the shelter also get medical and emergency assistance, like when they are thrown out of their employers’ houses in the middle of the night, or they need help going to court or filing complaints.

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The shelter also adopts a comprehensive program that includes training on mental wellness, life and work balance, financial management, and additional skills like first aid, looking after the elderly or young children, computer lessons, as well as rights education.

“Our services are empowering; we transform victims into survivors so they can serve better once they resume their work,” said Antonio.

Antonio (in purple) with some of Bethune's lifelong supporters

One of their most recent success stories was a client who stayed at the shelter for more than a year while battling a criminal case. She went home on the day of the fundraiser, after she was cleared of all charges.

Antonio said that on the day the distraught worker sought their help in October 2023, she would have slept in the park if she was not taken in by Bethune House.

Yet, despite its sterling record of providing help to some of the most vulnerable sectors in Hong Kong society for nearly four decades, Bethune continues to struggle with finances.

“The reality is that there are not many funding opportunities available from foundations and agencies for causes like ours,” said Antonio.

Bethune House is not funded by the government or any financial institution, and relies solely on private donations to keep it going.

 “When we started the appeal in early September, we were worried as we only had two months to ensure that the shelter’s doors remained open. Yet, we were hopeful at the same time. We held on to our trust that the community would not abandon these distressed Asian migrant women,” said Antonio in her speech.

Luckily, big media groups like the South China Morning Post and Hong Kong Free Press took an interest in Bethune’s appeal for support, and in no time, various individuals and groups like the Kuok group of companies, came knocking at their door with offers of help.

Migrant organizations also rallied around Bethune House, organizing charity walks, dances and other activities to help raise funds for the shelter.

While the fresh infusion of funds helps ensure it remains open until at least the end of the year, Bethune House needs a steady stream of donation from the public to keep it running.

Thus, Antonio asked if it was possible for people to give regularly, be it monthly, quarterly or even yearly, to ensure Bethune House gets to pay for its institutional needs, such as rent, utilities, and provisions for both client and staff.

“By supporting Bethune House, you are supporting and caring for these women migrants who relieve more than 400 thousand families from household chores, (as well as)  elderly and child care, so we can improve our standard of living,” she said.

In the meantime, the shelter would like to show gratitude for the help it received widely and hastily, by throwing a Christmas and thanksgiving party at Kowloon Union Church on December 24. The event is open to the public, particularly to those who have lent a hand in keeping it afloat.

To donate to Bethune House, you may do the following:

• To support online: https://donorbox.org/bh-raise-the-roof

• By Direct Deposit to The Bethune House Migrant Women’s Refuge Limited account at Hang Seng Bank 284-8-241309 or HSBC 808-312649-292

• By cheque Payable to The Bethune House Migrant Women’s Refuge, Ltd. All cash donations of HK$100 and above are tax deductible. (Donors are encouraged to give regularly through bank autopay)

*By transfer through Alipay using the QR Code below:

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Filipina's fake money case elevated to District Court

 

Neighborhood where Filipina was arrested (Google Maps photo) 

A Filipina has belatedly found out that being charged with possession of 36 pieces of fake $500 notes is a major offense, after the Kowloon City court transferred her case to the District Court.

Leah Sanesteban, 44 years old and holder of a recognizance card for identity purposes, was arrested by police last July 1 on Nanking St in Yau Ma Tei.

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Found in her possession were 36 $500 bills “which were, and which she knew or believed to be counterfeits of currency notes,” according to the police conplaint dated Dec. 10.

She was charged with violation of section 100(2) of the Crimes Ordinance, which states: “A person who has in his custody or under his control, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin, commits an offense and is liable on conviction on indictment to imprisonment for 3 years.”

PINDUTIN DITO

The ordinance also said: “For the purposes of this section it is immaterial that a coin or note is not in a fit state to be passed or tendered or that the making or counterfeiting of a coin or note has not been finished or perfected.”

No plea was taken when she appeared before Acting Principal Magistrate Ko Wai-hung last Dec. 12.

She was remanded in jail custody until her appearance at District Court on Dec. 31.'

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Under judiciary rules, a Magistrate can impose a maximum sentence of two years’ imprisonment for a single offense, and three years’ imprisonment where two or more indictable offenses are dealt with at the same time.

A magistrate may also impose a maximum fine of HK$100,000, although some Ordinances allow sentences of up to 3 years’ imprisonment and fine of up to HK$5,000,000.

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Two Filipinos arrested on suspicion of sending workers to Pogo hub

The 2 suspects and their alleged 4 recruits were stopped by Immigration officers at NAIA (File)

 Two Filipinos on their way to Singapore were arrested at the Ninoy Aquino International Airport for allegedly attempting to bring four workers to a Pogo (Philippine offshore gaming operator) hub in Cambodia via Singapore.

A press release issued by the National Bureau of Investigation and reposted on the Department of Migrant Workers Facebook page yesterday, Dec. 21, identified the alleged human traffickers as Christian Sorio Ubas and Chelsea Ysaleigh Fenix.

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According to NBI Director Jaime B. Santiago, the two, along with their alleged recruits, were intercepted by Bureau of Immigration officers at NAIA Terminal 1 on Dec. 11 because of  inconsistencies they made in stating their travel purpose.

The two suspected illegal recruiters were taken to the Office of the City Prosecutor in Pasay City for inquest proceedings while the four would-be workers were turned over to the NBI office at the airport for investigation.

PINDUTIN DITO

During questioning, the offloaded passengers said they were recruited to work as customer service representatives in a Pogo hub in Cambodia, but were told to pretend to be tourists on their way to Singapore.

The two suspects were meant to accompany them to Singapore, and eventually to Cambodia.

Ubas and Fenix were charged with human trafficking,  in violation of Section 6 of R.A. No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995) as amended by R.A. No. 10022 and Section 4 of R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003) as amended.

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Under Philippine laws simple human  trafficking is punishable with a maximum jail term of 20 years and a fine of between P1million to P2million.

Qualified trafficking, which includes acts carried out by syndicate of at least three persons, or involves three or more victims, is non-bailable as it carries the maximum penalty of life imprisonment, and a fine of between P2million and P5million.

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DH jailed for jewelry theft at Worldwide

 

World-Wide House is popular among Filipinos who gather on weekends at its mall, World-Wide Plaza (Google Maps photo)

A domestic helper will celebrate Christmas in jail after she was imprisoned for six months for stealing jewelry from a store in World-Wide Plaza in Central.

Josephine Forio, 34 years old, was sentenced by Principal Magistrate Don So after she pleaded guilty to the charge filed against her by Central District Police.

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Forio was arrested last Nov. 16, a Saturday, after she took a bracelet, a necklace and a pendant from the store of Central Jewelry Ltd at Shop 110 of World-Wide Plaza, and tried to leave without paying.

The value of the stolen items was not specified in the complaint.

PINDUTIN DITO

She was charged with violation of section 9 of the Theft Ordinance.

The Theft Ordinance provides:  “Any person who commits theft shall be guilty of an offense and shall be liable on conviction upon indictment to imprisonment for 10 years.”

Basahin ang detalye!

Worldwide Plaza is popular among Filipinos in Hong Kong, and teems with people on weekends when OFWs take their days off.

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3 more Pinays charged with money laundering

  

Three Filipinas who were added to the growing list of those charged with money laundering for allowing other people to control their bank accounts, had varying experiences last week as the judicial system pursued their prosecution.

Imelda Maqueda. 54 years old and unemployed, was returned to jail after appearing on Friday (Dec. 20) at Eastern Court for “dealing with property known or believed to represent proceeds of indictable offense,” in violation of the Organized and Serious Crimes Ordinance.

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Her case arose from her Hang Seng Bank account receiving deposits and yielding withdrawals that totalled $312,497.50 from Dec. 17 2020 to Jan. 8, 2021.

She will be detained until her case resumes on Feb. 12 next year.

Eva Rose Tacda, on the other hand, was set free on bail of $2,000 after her case was adjourned at Kwun Tong Court last Dec. 18. She was told to return for the next hearing on Jan. 28 next year.

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Police filed money laundering charges against Tacda, a 47-year-old domestic helper, for the deposits and withdrawals of a total of $256,510 on her Mox Bank account on February 22-23, 2023.

Of the three, domestic helper Jocel Pajela, 49 years old, got off lightly, having been freed on bail of $200 after she appeared at Kowloon City Court.

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She faces a similar charge which arose from the inflow and outflow of $478,503 in her Hang Seng Bank account between July 12, 2023 and Sept. 6, 2023.

Her case was adjourned to Feb. 11 next year.

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3 Pinays fined for illegal gambling in Central

The spiral staircase in Central that attracts crowds of gamblers every Sunday. (Google Maps photo)

Three Filipinas arrested while gambling during their Sunday off in Central last Dec. 15, were each fined $500 today after they pleaded guilty at Eastern Court.

Helen Rosales, 61 years old, Rowena Acosta, 54, and Raylon Princess Peralta, 37 years old, were arrested along with Pakistanis Ashraf Mohammad, 45, and Adnan Masood, 31, near the spiral staircase on Murray and Queens Road Central.

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Principal Magistrate Don So convicted them of violation of section 13(2) of the Gambling Ordinance, which outlaws all gambling in Hong Kong, unless authorized by the government.

This law punishes any person convicted of gambling unlawfully with a maximum fine set at level 3 ($10,000) and imprisonment at maximum of three months on first conviction.

On second conviction, the maximum fine is raised to level 4 ($($25,000) and imprisonment to six  months;

PINDUTIN DITO

On third or subsequent conviction, the maximum fine is set at level 5 ($50,000) and imprisonment at nine months.

Officers of the Special Duties Squad in Central Police District descended on the gambliong site, where crowds usually gather on Sundays to either gamble their earnings or watch the gamblers.

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The raid came in the wake of complaints from passersby that the sidewalk had been blocked by the gamblers and spectators.

A similar crowd also gathers weekly to place bets on playing cards near the Bus 13 stop beside the City Hall.

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