The SUN HK : Filipino DHs fined $10k for failing to follow testing order appeal for help

By Daisy CL Mandap

The notice informing inbound travelers about additional PCR tests after quarantine

A number of Filipino domestic helpers, many of them first-time workers in Hong Kong, are agonizing over a $10,000 fine recently slapped on them for failing to abide by the mandatory testing order issued to all inbound travelers, as part of the city’s strict pandemic restrictions.

All are seeking help because they simply do not have the money to pay the hefty fine.

Most, if not all, say they failed to notice the slip of paper given them on their arrival, in which it was said that after leaving their quarantine hotel they should undergo further PCR tests.

PINDUTIN PARA SA DETALYE

For those who spent seven days in hotel quarantine, they must undergo two more PCR tests, on the 9^th and 12^th day of their arrival.

For those who came after the hotel quarantine period was reduced to three days, the compulsory testing should be made on the 4^th, 6^th and 9^th day of their arrival.

Among those who have found themselves in a tight fix is newcomer J.C. who appealed for help after he was served the fixed penalty ticket by a medical auxiliary team at his employer’s house in Sheung Shui on Jun 13, more than a month since he missed his first CTN.

PINDUTIN PARA SA DETALYE

But he said he did go for a test as soon as he realized he was meant to do this two and five days after leaving quarantine

“Late po ako ng five days sa swab test,” he said in a message he sent to ask for help. “First time po kasi ako dito at hindi ko alam puntahan ang center,” he said.

(I was late in taking the swab test for five days. It was because I just arrived here and I didn’t know how to go to the {community testing} center).

Even if he wanted to comply with the order to pay the penalty, J.C. said he didn’t have the money.

The fixed penalty ticket costs more than 2x the monthly salary of a FDH

Indeed, for most FDHs like him who get paid the minimum wage of $4,630 the fixed penalty of $10,000 is too steep a price to pay for negligence, or failure to appreciate the importance of abiding by Hong Kong’s strict anti-pandemic regulations.

Edwina Antonio, case officer of the Mission for Migrant Workers, said at least three other FDWs had asked them for help in getting out of the same problem.

One of the workers has already been issued with court summons after failing to pay the fixed penalty, but Antonio said the Mission has advised him not to worry and to just ask the magistrate to give him a lenient sentence during the hearing.

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From experience, Mission officers know that magistrates tend not to impose the maximum penalty in cases of this nature. But there is also a risk that the penalty could be increased because the law itself allows this.

According to Cap. 599J or the Prevention and Control of Disease, anyone who violates a CTN may be prosecuted and if found guilty, could be fined up to $25,000 and imprisoned for up to six months.

The person could also be issued with a compulsory testing order requiring him or her to undergo testing within a specified period. Failure to comply could lead to the maximum penalty of $50,000 fine and six months’ imprisonment.

Tunghayan ang isa na namang kwentong Dream Love

Given the very severe penalties attached to the offence, Antonio is urging the Consulate to take immediate action - by liaising with government agencies in the Philippines and employment agencies here to ensure Hong Kong-bound workers are adequately informed and warned about the consequences of breaching the mandatory testing regulation.

“Malaking halaga ang nakataya at mababaon lalo sa utang ang mga kababayan natin,” she said. (A big amount is at stake and our workers would end up being enmeshed in more debts).

In reply to her appeal in a chat message, Consul General Raly Tejada promised to relay the concerns to all agencies concerned.

One Filipina who also missed her testing deadlines after leaving quarantine could end up either unscathed, or penalized even more severely.

J.E. did not get a fixed penalty ticket – but a letter informing her she was being issued a compulsory testing order, and to test within a specified period - could bring a bigger worry.

“Nagbakasyon ako noong May 23, tapos bumalik ako sa Hong Kong noong July 3 at lumabas ako ng quarantine noong July 10. Akala ko ok na lahat, hindi ko tiningnan ang mga papeles ko. Pero meron palang swab test ulit, at may penalty pa pala ng $10k,” she said.

“Ang tanong ko, saan ako pwedeng lumapit tungkol sa problema ko?”.

To avert being issued with a penalty ticket, J.E. immediately had herself tested for Covid through PCR – not just once or twice, but thrice.

The testing order given to JE sounds like a reprieve

But a few days later, she received a “notice of compulsory testing” letter from the government saying that because she did not comply with the post-quarantine testing order, she may be issued with a fixed penalty ticket for $10,000.

However, the letter sounded she was being given a second chance.

She was told that she was being issued with a compulsory testing order directing her to undergo a swab or PCR test within a specified period. If she failed to comply with the order she could face the heftiest penalty of $50,000 fine and six months’ imprisonment.

J.E. immediately did as she was told and was relieved. But she remains wary, lest she still ends up being asked to pay a hefty sum for her ignorance of the law.