Asylum seeker jailed 16 weeks for overstaying

Immigration Department filed the complaint

More than four years of overstaying has sent a Filipino asylum-seeker to jail for 16 weeks.

Ronnie Turla, 49 years old, pleaded guilty last Tuesday (Dec. 31) at Shatin Court to a complaint of the Immigration Department that he breached his condition of stay, in violation of section 41 of the Immigration Ordinance.

The penalty was handed down by Magistrate Andrew Mok.

Under the said section of the Ordinance, any person who is found to have contravened a condition of stay imposed by Immigration shall face a maximum sentence of a fine at level 5 ($50,000) and imprisonment for two years. 

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Turla arrived in Hong Kong as a tourist in February 2014 and was allowed to stay for two weeks by an Immigration officer.

However, he failed to leave as required by his condition of stay, until his arrest on Aug. 28, 2018.

Turla has since claimed the right to non-refoulement – or protection from being sent back to his country of origin if he meets internationally-accepted conditions -- and was given a recognizance form to serve as his identification document.

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It is not uncommon for overstayers to file for non-refoulement to avoid being sent back home after serving their sentence for violating their visa condition.

A non-refoulement claim is submitted to the Immigration Department and, if denied, the applicant can appeal the decision to the Torture Claims Adjudication Board. If it is upheld, the applicant may go to the High Court and apply for leave to file for judicial review. The final option is to file an appeal if leave is denied.

Fireworks display all about ‘happiness’

 

Part of the spectacle to welcome in the New Year (RTHK photo)

Tens of thousands flocked towards Victoria Harbour on New Year’s eve to watch the traditional fireworks display which this year was themed “The Symphony of Happiness.”

The five-part show lasted 12 minutes, about half the time it used to take on such an occasion. But as in years past, the colorful welcome to 2025 did not disappoint.

The New Year countdown began at 11pm, and was preceded by a star-studded musical and dance performance.  

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A giant countdown clock that illuminated the glass curtain wall of the Hong Kong Convention and Exhibition Centre flashed “2025” at the stroke of midnight.

The much-awaited show then commenced, with bright red fireworks symbolizing a fiery passion for life and dreams kicking off the first part. The pyrotechnic was also used to create a vision of flowers blooming one after another.

The second part featured green and gold fireworks, showing an evergreen tree representing the spirit of strong perseverance, hard work and quiet cultivation.

The giant evergreen tree representing perseverance and hard work

The third titled “Golden Waterfall” took the form of golden fireworks cascading down the sky, while the final section, “Propitious Clouds" – made its debut in Hong Kong with a display of rainbow-colored smoke with silver fireworks.

The whole show was synchronized to music that fused Western classical and Chinese traditional tunes.

Meanwhile, four babies were born in the first two hours of 2025.

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First to usher in the new year was a 3.375 kg baby boy born at Prince of Wales Hospital, who came out into the world at precisely 12:07 am.

Another baby boy, weighing 3.56 kg first saw the light of day five minutes later.

Two baby girls then followed, with one being born at Princess Margaret Hospital at about 1am, and the other at Prince of Wales Hospital at around 2am.

Govt launches anti-rat charter for residential buildings

 

Rats and mice can cause a lot of ailments to humans

The Food and Environtmental Department announced yesterday, Dec. 31, the launch of the Anti-rodent Charter for residential buildings and related commercial units to make residents aware of the need to promote a rat-free environment.

The Charter encourages residents to practice environmental hygiene and cultivate good habits to rid their premises of rodents. These include eliminating the food sources and hiding places of rodents, to force them out.

Those who are encouraged to sign the Charter include property management companies, owners' corporations, residents' organisations of private residential premises, the Hong Kong Housing Society, transitional housing, subsidised sales flats and Tenants Purchase Scheme.

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Those who conform to the Charter will undertake to assign liaison ambassadors who will coordinate anti-rodent efforts. These include carrying out regular inspections, arranging necessary repairs and maintenance of facilities, and ensuring proper cleaning and refuse removal at the housing estates or buildings.

Besides implementing anti-rodent measures, participants have to supervise the quality and performance of the hired anti-rodent service contractors and maintain relevant records of anti-rodent work.

They are also responsible for conveying anti-rodent messages to residents through promotion and education, encouraging residents to cultivate good habits in personal hygiene and maintain a clean environment.

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Participants will receive free anti-rodent technical support from the FEHD, including invitations to attend pest control seminars.

Additionally, the FEHD will present Charter certificates and stickers to participants and publish a list of participating organisations and premises on a dedicated webpage.

The Department said it is condsidering extending the Charter to other sectors in future, based on the outcome of the first phase of the anti-rodent campaign.

Rats and mice, which are collectively known as rodents, could cause various diseases, such as leptospirosis, hantavirus, salmonella, and even rat hepatitis E, as was found in a Hong Kong man in 2018, in the first case of its kind ever recorded.

Details of the Charter have been uploaded to the FEHD's Anti-rodent Charter Website (www.fehd.gov.hk/english/pestcontrol/anti_rodent_charter.html).
      

Filipino fined $2k for exposing himself in public

 

Neighborhood where incident happened (Google Maps photo) 

A Filipino permanent resident in HK was fined $2,000 Tuesday (Dec. 31) and meted a suspended jail sentence at Kowloon City Court for “committing an act outraging public decency” by exposing his private part in public.

S. Ferraris, 58 years old and a landscape designer, will not have to serve his sentence of 14 weeks' imprisonment if he does not reoffend within 36 months, according to the order by Magistrate Kestrel Lam.

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A complaint by Wong Tai Sin Police dated Sept. 27 accused Ferrraris of committing “an act of  lewd, obscene or disgusting nature which outrage public decency, namely taking out your penis and rubbing your penis with your hand.”

Ferraris pleaded guilty to the charge.

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The incident happened on  Sept. 6, 2022 outside the MUM Veggie Café on Yan Oi Street, San Po Kong, Wong Tai Sin, Kowloon.

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Filipina who signed on as fake employer gets 3 months’ jail

 

Foreign domestic helper's visa is shown in passport

A Filipina who signed a fake work contract as employer to enable another Filipina to get a domestic helper’s visa, was jailed for three months today in the latest sentencing for those involved in a conspiracy to defraud the Immigration Department.

Almira Narag-Chow, 51 years old who worked as a cleaner earning $11,000 a month, pleaded guilty at Shatin court last March 26, but her sentencing was put off to today to allow her to cooperate with government investigators’ inquiry into similar cases.

Chow, who was arrested in her house, agreed with the police complaint that she signed the fake contract with Aprilyn Tupas, aged 42, on a promise she would be paid $7,000. Her co-conspirators Tupas and agent Gina Villareal had earlier been jailed for their roles in the conspiracy.

But Chow said she received only $2,000 from the transaction, paid to her by a Villareal, who arranged for the processing of Tupas’ employment visa.

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She said Villareal and another Filipino, Homer Herrera, had promised that she would be paid an additional $5,000 once the visa was approved. But both co-conspirators did not reappear, and Tupas never worked for her.

The complaint alleged that between 2021 and Sept. 8, 2023, Chow and the other three conspired to “defraud the Director of Immigration … and his officers by dishonetly and falsely representing… that Tupas, Aprilyn Tario’s remaining in Hong Kong was for the purpose of taking up employment…”

It said their action induced the officers “to act contrary to their public duty” to grant Tupas permission to remain in Hong Kong, “which they would not otherwise have granted.”

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Tupas, her supposed helper, pleaded guilty at Shatin Court last Oct. 17 to lying to an Immigration officer that she would work for Chow, resulting in her being granted permission to stay and work in Hong Kong, and was jailed for four months.

She admitted the charge by the Immigration Department that she conspired with Chow, and agents Villareal and Herrera in submitting false documents between an unknown day in 2021 and on June 1, 2023.

Villareal, 52 and a holder of a recognizance form to serve as her identification document, was jailed for 10 months last Nov. 21 for two counts of conspiracy to defraud the Immigration Department.

Herrera, a 40-year-old asylum seeker, is facing 25 charges at District Court of defrauding the Immigration Department by presenting fake employment contracts to enable his clients to get domestic helper visas.

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Ex-OFW seeks recognition for employer who helped her through stroke

 

Emagilyn says she is still recovering from the stroke that sent her home 4 years ago

A Filipino former domestic worker in Hong Kong who went home more than four years ago after suffering from a stroke, wants it known to everyone how grateful she is to her former employer for having consistently looked after her since that fateful incident.

Emagilyn M. Canlas, 56 years old and a widow, said she hopes the Philippine Consulate and the Hong Kong government will give due recognition to her former employers Ma Yau Yan and Chan Shuk, so they could inspire other employers to also treat their helpers with kindness and compassion.

kie.

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“Sana po sa pamamagitan ninyo pakiparating sa ating Konsulado at sa aking mga amo ang aking pasasalamat kasi sobrang bait ng mga amo ko. I rate them 10 out of 10 dahil hanggang ngayon before Chinese New Year pinapadalhan ako ng ampaw,” said Emagilyn.

(I hope that through you I can tell our Consulate and my own employers how grateful I am to have had such kind employers. I rate them 10 out of 10 because until now, just before Chinese New Year they still send me lai see).

Emagilyn at the hospital in February 2020

Emagilyn said that she had worked for her employers for 15 years before she suddenly fell ill on Feb. 1, 2020, necessitating her return home. 

Despite the raging pandemic at the time, her employer wasted no time doing all the difficult paper work, so she managed to fly home on May 26 in the same year.

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“Sa dinami-dami ng mga DH sa Hong Kong, masuwerte talaga ako kasi itinuring akong kapamilya ng aking mga amo,” she said. (Of all the DHs in Hong Kong I count myself lucky because I was treated like family by my employers).

Right now Emagilyn still has mobility issues but is getting well. She says her former employers’ concern and kindness help keep her on track.

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DH jailed 14 days for assault on ward

 

Molina was sentenced at Kwun Tong Court

A Filipina domestic helper was jailed for 14 days after she pleaded guilty at Kwun Tong court to      "assault by those in charge of child or young person.”

Armida Molina, 44 years old, did not dispute the charge of the Tseung Kwan O Police when she appeared before Acting Principal Magistrate Leung Ka-kie.

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The police complaint alleged that Molina willfully assaulted X, who was aged under 16, “in a manner likely to cause her unnecessary suffering or injury to her health” between May 18 and Oct. 8 this year in her employer’s flat in Tseung Kwan O.

She was charged with violation of section 27 (1) of the Offenses Against the Person Ordinance, which prescribes a jail sentence of up to three years upon summary conviction, and up to 10 years upon conviction on indictment.

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Molina has no fixed address in Hong Kong after having been terminated by her employer.

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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.

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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