6 months for using fake DH contract to get visa

 

A Filipina who paid an agent for a fake contract that enabled her to get a visa as a domestic helper, has been jailed for six months in a case that shed new light into this crime.

Renaby Enmanuel, 32 years old, pleaded guilty in Shatin Court on Dec. 21 to the charge of conspiracy to defraud, which was brought against her by the Immigration Department. Her offense violates the Common Law, Criminal Jurisdiction Ordinance, and Crimes Ordinance.

As a result of her guilty plea, a second charge – making false representation to an Immigration officer – was withdrawn.

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Enmanuel admitted that after her original DH contract expired, she wanted to find a new employer.

She paid a certain “Bong” $10,000 for the new contract which provided that she would work for Libu Sancha Kumari.

The document was approved by Immigration on Nov. 8, 2021 and Enmanuel was issued a visa, for which she paid another $17,000.

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Last Nov. 7, when the fake contract was expiring, she paid Bong another $500 for a new DH contract with the same fake employer, applied for a visa extension, and was caught lying to an Immigration officer.

Magistrate David Chum wondered how, after paying big amounts for the false contracts, Enmanuel was able to support herself.

Her duty lawyer, speaking for her, said she was supported by her boyfriend.

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He added that she entered into the fake contracts to be with him.

“So your reason to look for a ew employer is not correct?” Chum asked Enmanuel.

Her lawyer answered, “Both.”

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Chum ended the exchange by addressing Enmanuel, “Your stay in Hong Kong is illegal.”

He chose nine months’ imprisonment as starting point for her penalty, but deducted a third for her guilty plea.

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Filipina seeks police help after being beaten by disabled adult ward

One of the bruises allegedly caused by Nica's grown-up ward

FOR TOMORROW, DEC 24

For three months, Nica put up with the almost daily physical abuse inflicted on her by her 21-year-old male ward who is on the autism spectrum. She said she pitied him, and was scared that if she went to the police they would arrest him and separate him from his parents.

Nica, who is 28 years old, and a resident of Quezon City, was also worried about being sent home prematurely, allegedly because her Hong Kong employment agency told her she needed to go back to the Philippines even if she found another employer willing to sign her up.

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But at one point the beating got so severe, with her fully grown ward who is strong and tall, sometimes banging his head against hers. Worse, he reportedly would run off on his own when they are outside the house, making Nica intensely worried that he would get into an accident, and she would be blamed for it.

The patient's parents reportedly knew that she was being physically abused by their son, but told her that he couldn’t help it. But if she wanted to terminate their contract, she needed to pay them a month’s salary in lieu of notice.

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Despite her son being fully grown and strong, the employer, who works as a teacher, reportedly did not want to put him in a facility for the disabled, and insisted it was the domestic worker’s duty to look after him, including giving him a bath and feeding him.

His father, who is unemployed and stay-at-home parent, did not apparently approve of this set-up but did not interfere.

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Things came to a head on Dec. 15 when she finally got tired of the constant beatings and decided to file a report at Tuen Mun Police Station, which was nearest her employer’s home. But according to Nica the police did not record her complaint as her employer repeatedly told the officer her son was disabled and could not be held to account for his action.

Nica decided to leave and went to Central on Dec 22, where she was found by fellow Filipinas who took pity on her after she showed them her bruises.

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“Nakaupo lang siya sa Central kanina, tapos kinausap kami, then nagkuwento na siya (at) pinakita niya sa amin ang mga pasa niya, dami ring video,” said Rose, who posted an appeal on Mica’s behalf on the Social Justice for Migrant Workers’ Facebook page.

(She was just sitting around in Central earlier today, then she started talking to us, she showed us her bruises; she also had lots of videos).

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“Buti na lang ang dami nyang ebidensya, sobrang kawawa, paika-ika pa ang lakad kasi sumasakit pa yung pasa niya sa likod.”

(Glad that she had lots of evidence because she was pitiful, she was limping because the bruises on her back were hurting her)

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According to Rose, Nica’s ward pushed her, causing her to get crash against a lift handle. She also had a bruise on her leg, caused by a kick from her disabled ward.

Rose and her fellow concerned FDWs took Nica to the Wanchai police station where her statement was taken down, and then sent her for a medical check-up.

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A number of Filipinos who saw Rose’s post or were told about Nica’s condition were told to immediately seek help from non-government organizations like the Mission for Migrant Workers or the Migrant Workers Office at the Philippine Consulate.

Under Hong Kong’s Labour Ordinance, an employee may terminate an employment contract without notice or payment in lieu -

“(a)if he reasonably fears physical danger by violence or disease such as was not contemplated by his contract of employment expressly or by necessary implication” or

 (b)if he is subjected to ill-treatment by the employer; or

 (c)on any other ground on which he would be entitled to terminate the contract without notice at common law”

In such cases of so-called constructive termination it is the employer who is often held to have terminated the contract and should thus pay a month’s salary in lieu of notice

Often, the Immigration Department also allows FDHs who have been subjected to physical or other forms of abuse in the house of the employer, to process a new work contract in Hong Kong.

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Govt announces special traffic arrangements for Dec 24 and 25

MTR trains will be running at more frequent intervals starting at 7am tomorrow

There will be closures and re-routing of some roads scheduled for tomorrow and Monday, in anticipation of the huge crowds that will pour out onto streets to celebrate Christmas Eve and Christmas Day. But at the same time, MTR trains will be running at more frequent intervals.

Separately, Filipinos are reminded that Chater Road will be closed off to traffic as usual tomorrow, but expect a big crowd that will gather from early morning until past midnight because of a day-long event organized by the Overseas Workers Welfare Administration and the Philippine Consulate.

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A mass will kick off the event at 9am, followed by a variety show, games and entertainment, as well as speeches by the country’s top representatives in Hong Kong. OWWA Administrator Arnell Ignacio is also expected to fly in for the occasion, held in celebration of International Migrants Day.

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At 7:30pm the Consulate will announce the winners of its PaStaran, or lantern-making contest, and at 10pm Fr Jay Flandez, chaplain for Filipinos, will say the traditional Misa de Aguinaldo. A “Paskong Salubong” which starts at midnight will cap the celebrations.

Meanwhile, the Transport Department said the following traffic arrangements will be in place for the next two days:

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Road closures

Road closures and traffic diversions will be implemented in the vicinities of Lan Kwai Fong in Central, Tsim Sha Tsui and the West Kowloon Cultural District in phases from 2pm on December 24. The Tsim Sha Tsui East (Mody Road) Bus Terminus and China Ferry Terminal Bus Terminus will be suspended from 6pm on that day while the Star Ferry Bus Terminus in Tsim Sha Tsui will also be suspended from 6.30pm until the reopening of closed roads for traffic. To facilitate the road closure arrangements, the bus and green minibus (GMB) routes operating in the affected areas will be subject to diversions or suspensions, and the associated bus and GMB stops located within the affected areas will be suspended or relocated accordingly.

Expect Chater Rd to be packed as well because of a day-long celebration of 'Paskong Pinoy'

Adjustments on public transport services on December 24

The services of MTR lines including Island Line, South Island Line, Tsuen Wan Line, Kwun Tong Line, East Rail Line and Tung Chung Line will be strengthened gradually from 7am;

MTR lines (except Airport Express, Disneyland Resort Line and section of East Rail Line between Sheung Shui - Lok Ma Chau/Lo Wu, and Light Rail route Nos. 505, 507, 610, 614P, 615P, 706 and 751 will provide overnight services;

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The operating hours of Disneyland Resort Line and MTR bus route Nos. 506, K51 and K54 will be extended;

KMB special bus route no. N64P will be operated at 0.40am and 1.10am of the following day. The services and operating hours of various bus routes in Kowloon and the New Territories (including 20 KMB routes and two Citybus routes) will be strengthened or extended respectively;

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The operating hours of seven GMB routes in Kowloon and one GMB route in the New Territories will be extended;

Tram services will be extended to 1.15am the following day and will also be strengthened subject to passenger demand; and

The operating hours of the Star Ferry (Central – Tsim Sha Tsui) will be extended to 1am the following day.

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 Central to Mid-Levels Escalator and Walkway System Services

The operating hours of the Central to Mid-Levels Escalator and Walkway System on December 24 and 25 will be extended to 1am the following day.    

For details of the special traffic and public transport arrangements, members of the public may visit the TD's website (www.td.gov.hk) or mobile application "HKeMobility". Passengers may also refer to the passenger notices displayed by the relevant public transport operators.

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Members of the public are advised to make use of public transport services as far as possible to avoid traffic congestion and unnecessary delays. The TD and the Police will closely monitor the traffic situation and implement appropriate measures when necessary. The Police may adjust the traffic arrangements, subject to the prevailing crowd and traffic conditions in the areas. The public should pay attention to the latest traffic news through radio, television or "HKeMobility". 

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DH who finished contract but overstayed gets suspended sentence

 

The court heard the Filipina overstayed for 2.5 months after failing to find a new employer

A domestic helper who finished her contract but failed to find another employer, resulting in her overstaying her visa for two and a half months, got off lightly yesterday (Dec. 21) in Shatin Court after she pleaded guilty.

C. Calaunan, 44 years old, tensed up as Magistrate David Chum started sentencing her for breach of condition of stay: “I will adopt 15 days (imprisonment). For pleading guilty, I cut it to 10 days. For surrendering, to eight days.”

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He concluded that her sentence was suspended for 12 months, telling her, “If you do not reoffend within one year, no need to go to prison.”

She heaved a sigh of relief and was teary-eyed as she sat to wait for documents to sign.

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Calaunan had earlier worked as domestic helper for four years, finishing two contracts, her duty lawyer said.

However, after her last contract ended last July 30, she looked for a new employer but failed to find one.

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After two and a half months of fruitless search, Calaunan surrendered to the Immigration Department on Oct. 27 and was subsequently charged with breach of condition of stay.

The condition that Calaunan breached was that she leave Hong Kong upon completing her contract on July 30, 2023, or two weeks after termination, whichever is earlier.

The lawyer said all she wants now is to be able to go home and reunite with her three children in the Philippines.

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“Under these circumstances, we hope you consider a lesser sentence,” the lawyer pleaded in mitigation.

Magistrate Chum granted the request.

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Shoplifter gets early Christmas gift with bindover order

 

The defendant was caught with unpaid food items from Kaibo Supermarket in North Point (File)

A middle-aged Filipina domestic helper was visibly relieved when she got off with a bindover order after pleading guilty to theft today at Eastern Court.

H.E.F., 52 years old, was told by Magistrate Ivy Chui that she would not go to prison and would not even have a criminal record unless she commits another offence within 12 months. If she does, she will have to pay $1,000 and get a criminal record.

“Remember, do not commit any offence within this period, otherwise, you will have to pay $1,000 and serve whatever new sentence is imposed on you,” said the magistrate.

The Filipina, however, was ordered to pay court costs of  $500, which would have to be offset with the bail she posted. The two shopping bags taken from her during her arrest on May 31 this year were also ordered confiscated.

H.E.F., who lives in Happy Valley, was stopped as she was about to leave Kai Bo supermarket at the North Point market on Cheung Yeung Street after staff noticed her taking some grocery items from the shelves and putting them in her shopping bag.

Found in her bag were a pack of tomatoes, a pack of snap beans, three packs of pork and one pack of snowbeans, worth a total of $114.70. She was unable to show a receipt for the items.

A review of the CCTV at the shop showed her taking the items from the shelves and putting them inside her bag.  She told staff she merely forgot to pay for them.

It took nearly an entire morning of negotiation before the prosecution agreed to her counsel’s plea for a bindover order.

 

Filipino gets 14 months jail for illegal work, friend who helped him freed

 

Esmaya (in red) in a huddle with supporters after the hearing.

A Filipino was jailed 14 months for illegal work while his friend, a fellow Filipino who was also arrested by Immigration officers last  Nov. 16 for helping him build a brick fence in Sai Kung, got off with a suspended sentence after both appeared yesterday at Shatin Court.

Neil Oliver Paclipan, a 45-year-old asylum seeker who has a deportation order in force against him, pleaded guilty but all he got from Magistrate David Chum was a one-month discount from the starting point of 15 months’ jail, instead of a one-third reduction in sentence.

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Joeffrey Esmaya, a 39-year-old domestic helper, got six weeks’ jail, reduced by a third from nine weeks because of his guilty plea. And because of his claim that he was just helping a friend and did not get paid for the work, Chum suspended his sentence for two years.

“You need not go to jail now,” Chum told Esmaya.

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But Chum warned: “If you reoffend, even if you did not get paid, you will be imprisoned.”

Under Section 40 of the Immigration Ordinance, breach of condition of stay is punishable by imprisonment of up to two years and fine of up to $50,000. Among these conditions is that domestic helpers such as Esmaya are not allowed to accept any extra jobs, whether paid or unpaid.

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Esmaya was terminated by his employer after the case started, but his lawyer told the court that the employer of his wife who is also a domestic helper, agreed to hire him.

Paclipan had a heavier penalty because he was the contractor for the job, was paid $6,400 and had a deportation order against him, Chum said.

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Under the Immigration Ordinance, his offense was punishable by imprisonment of up to three years and fine of up to $50,000.

Paclipan’s lawyer said he arrived in 2019 as a tourist, but stayed on.

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In 2021, he surrendered to the Immigration Department and applied for refugee status.

He has since been issued a deportation order, but his application for non-refoulment has prevented the Hong Kong gvernment from forcibly sending him home to the Philippines.

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The lawyer said Paclipan did the offense to earn extra money to be able to support his six children in the Philippines, and his mother who has brain tumor.

He was also remoreful and promised not to reoffend.

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But Magistrate Chum said that after listening to the lawyer’s mitigation to lighten Paclipan’s penalty, he only recognized the latter’s surrender as an overstayer as a mitigating factor, and reduced the jail term by one month.

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