Outgoing Consul General delivers final Christmas message to Filcom

 

Congen Tejada in his Christmas message: No goodbyes, just thank you

In what could be his last public address as the country’s top representative in Hong Kong, Consul General Raly Tejada thanked the Filipino community for working with the Consulate in minimizing the effect of the pandemic for the past three years. He made his comment in a recorded video message posted on the Consulate’s Facebook page on Christmas Day.

Although he did not say goodbye, Congen’s short message was followed by a long video showing him in different Filcom gatherings, with “Auld Lang Syne” being played in the background.

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ConGen Tejada is due to wind up his term in Hong Kong at the end of this month, after serving the last four of the six-year mandatory service for all foreign service officers posted abroad, here. He spent the first two years as Philippine consul general in Kuala Lumpur, Malaysia.

His Hong Kong post will be taken over by his current deputy, Germinia Usudan.

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In his message, Tejada said Christmas this year is special because it is the first Christmas after the pandemic, and people are again free to gather in public.

“Dahil sa pagtutulungan ng mga Pilipino dito sa Hong Kong at ng Konsulado, nalagpasan natin ang mga hamon na dulot ng Covid-19,” he said.

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(Because of the cooperation between the Filipinos here in Hong Kong and the Consulate, we were able to hurdle the challenges brought about by Covid-19).

“Ako ay taos-pusong nagpapasalamat sa ating mga kababayan, at ang aking tanging hiling ay maganda natin ang magandang samahan sa susunod na taon.”

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(I wholeheartedly thank my fellow Filipinos, and my only hope is we will continue this good cooperation into the next year).

Full video is here: https://www.facebook.com/PHLinHK/posts/pfbid0RT3T5GCiYVcYJ3gmtDpPPxRi5zaXoaVhVrkyHu8gZPkMcq5T8N38DJMzhim2nvVjl

Congen Tejada has announced that after his recall to Manila, he will assume the role of assistant secretary in the legal office of the

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 Department of Foreign Affairs.

Filipina faces more charges of helping others lie to get DH visas

 

A Filipina being detained on two charges of helping two people lie to the Immigration Department to be able to get domestic helper visas, faces more charges as investigators unveil new details of her operation.

The prosecutor asked for adjournment in the case against Russel Eco, 33 years old, when her case was heard on Friday (Dec. 22) at Shatin Court.

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She is accused of two counts of “aiding, abetting, counseling or procuring the making of a false representation to an Immigration officer lawfully acting under or in the execution of Part II of the Immigration Ordinance.”

The prosecutor told Magistrate Acting Principal Magistrate Amy Chan they need to consult with the Justice Department because two more cases of domestic helpers advised by Eco to lie to get visas have surfaced.

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Magistrate Chan set the next hearing for Jan. 15.

As Eco had no bail application, she was returned to jail.

In the first charge, Eco is accused of helping and advising Agnes Lovely Villanueva to lie to an Immigration officer by saying that she would work for a certain Chan Hong-tak as a domestic helper.

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In the second case, Eco is accused of doing the same to help Elvira Caburnay to declare falsely to Immigration that she would work as a domestic helper for Ko Chi-lik.

Such acts violate both the Crimnal Procedure Ordinance and the Immigration Ordinance.

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OS since 2004 continues fight to remain in HK

 

Arista has been in and out of Eastern Court since she filed a non-refoulement claim

After wading through Hong Kong’s complicated legal system since she came here as a tourist in 2004 and overstayed her visa, 62-year-old Emelita Artista is still bent on being allowed to remain in Hong Kong.

Arista again appeared in Eastern Court on Dec 21, and told magistrate Ivy Chui that her appeal against a decision by the High Court denying her request for more time to challenge the decision of the Torture Claims Appeal Board denying her right to remain in Hong Kong.

As a result, she was allowed to remain until Mar 3, 2024 so she could pursue her claim. Her bail of $1,000 was renewed until then.

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Arista was found to have overstayed her visa for 13 years when she arrested for shoplifting lotion and canned meat in a Wellcome store in Quarry  Bay in January 2017.

Then Eastern principal magistrate Bina Chainrai sentenced her to four months imprisonment, but was incensed that Arista could not be jailed immediately because she filed a claim for non-refoulement, or an opposition to being sent home, allegedly because of a threat on her life by a nephew.

Chainrai urged the prosecution to revisit her case, saying her act of filing for non-refoulement after being found to have overstayed her visa and pleading guilty to theft, was an abuse of the process.

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Despite this, Arista managed to remain in Hong Kong since. After her claim was rejected by both the Immigration Director and the TCAB, she went to the High Court to apply for leave for a judicial review.

However, in a judgment handed down on Jan. 19 this year, Judge Bruno Chan denied her application, saying she was already five months late in filing the application for leave to appeal the decision.

The delay, said the Judge, must be considered “very substantial and inordinate,” apart from the fact that Arista did not provide an explanation as to why she failed to appeal against the TCAB’s decision on time.

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Further, Arista failed to cite any proper ground for her application.

Despite the definitive ruling, Arista has persisted in exploring all avenues that would allow her to remain in Hong Kong.

Arista, who was born in Manila and raised in Ilocos Sur, worked in Hong Kong as a foreign domestic helper from 1999 to 2003.

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During this time, she heard of a land dispute between her father and a cousin, Ruel. She said she decided to confront Ruel about this during a vacation in the Philippines in the 2003, as a result of which he made threats against her.

After her father passed away in 2003, Ruel allegedly threatened to kill her if she did not surrender her part in the disputed land to him, and so she fled to Hong Kong on a tourist visa the following year, and overstayed.

She filed a claim for non-refoulement on July 13, 2017 after being charged with theft and breaching her condition of stay.

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On Aug 9, 2017 the Director of Immigration rejected her claim, saying the level of risk of harm from Ruel was low, and that there was no reliable evidence of any real intention on his part to seriously harm or kill Arista.

In any event, said the Director, the dispute was a private matter among family members and there was no indication that the applicant would not be given state or police protection if she returned to the Philippines.

On Aug 25, 2017 she appealed the Director’s decision to the TCAB. Just over a  year later, or on Jul 31, 2018, the Board dismissed the appeal and affirmed the Director’s decision.

Arista did not take any further action until Apr 1, 2019 when she filed her Form 86 for leave to apply for judicial review of the Board’s decision. However, she cited no ground but merely attached a copy of the decision.

By then, she was already “seriously out of time with her application,” said the judge.

According to Order 53 rule 4(1) of the Rules of the High Court, an application for leave to apply for judicial review must be made within three months from the day when grounds for the application first arose, unless the court finds reasonable ground to extend the period.

Despite losing her latest bid, Arista is given a further chance to appeal against this decision.

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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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