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Ex-DH who slept in parks admits overstay, denies theft

Posted on 10 January 2024 No comments

 

Filipina was arrested at dawn in this neighborhood. 

A Filipina domestic helper who had been sleeping in a park in Sham Shui Po for two months after her employer terminated her contract, pleaded guilty to overstaying when she appeared today at the West Kowloon Court.

But F. Lacaba, 35 years old, pleaded not guilty to the theft of an Octopus card containing $70 in value, saying she had just picked it up and was intending to return it to the nearby MTR station that morning.

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Magistrate Jason Wan thus withheld her sentence for the first offense and scheduled a trial on the second case for Jan. 22, so that he could hand down his decision on the two cases at the same time.

Magistrate Wan was responding to a request  by Lacaba’s duty lawyer for the earliest possible trial date because she had been in detention for almost two months, which may exceed the prescribed punishment for a theft of $70 -- assuming she is found guilty.

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Lacaba was arrested at 5:03 am last Nov. 23 after she was spotted by a police officer on patrol on Yu Chao St., Sham Shui Po.

When the officers found a personalized Octopus card in another person’s name among her possessions, they arrested her and took her to the nearby police station.

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During investigation, Lacaba said she had just found the Octopus card and was intending to return it to the Sham Shui Po MTR station, but it was still closed.

Police contacted the owner who said the cash value was intact, showing that she never used the card.

Lacaba was working as a domestic helper whose contract started on April 15, 2023. However, her employer terminated her on Sept. 24, 2023, or five months after she started working.

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She was unable to find a new employer within the two weeks she was allowed to stay on, and had been sleeping at a park at night until she was arrested.

Her lawyer said she did not apply for bail because she had nowhere to stay.

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Waiter charged with assault, drunk and disorderly conduct

Posted on 09 January 2024 No comments

 

Junction where the incident happened

A Filipino waiter appeared in Eastern Court today on charges that he assaulted a police officer who intervened when he became drunk and disorderly in Lan Kwai Fong last Oct. 29.

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Denver Bautista, 36 years old, was accused of assaulting a police sergeant “in the due execution of his duty” at the corner of Wo On Lane and D’Aguilar St. in Central.

Under Section 26 (2) of the Offenses against the Person Ordinance, such an offense is punishable by imprisonment of up to two years.

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From the same incident, he was also charged with being drunk and disorderly, a violation of the Summary Offenses Ordinance, which sets a punishment of a fine of up to $2,000 and imprisonment of up to two months.

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“… you did behave in a disorderly manner in a public place while drunk,” Central District Police said in the charge sheet dated Oct. 31, 2023.

Principal Magistrate Ivy Chui adjourned the case to Jan. 30.


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Bautista was freed on bail of $5,000.

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Filipina admits drug possession, penalty put off

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The accused admitted drug possession when she appeared at West Kowloon court

A Filipina asylum seeker pleaded guilty today at West Kowloon Court to possession of dangerous drugs, but her sentence was withheld for two weeks so she could be examined to find out if she has become addicted.

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Cherry Ann Cereneo, 33 years old, admitted violating the Dangerous Drugs Ordinance, but Magistrate Jason Wan said he could not hand down a proper sentence without first determining her health status, because the drug found on her was cocaine.

He ordered a Drug Addiction Center report for Cereneo, and adjourned the case to Jan. 23.

He ordered her returned to jail custody.

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A report from Mong Kok Police said Cereneo was arrested after a taxi she was riding in was stopped in a checkpoint on Dundas St., Mong Kok at 1:30am on Aug. 9, 2023.

She attracted the attention of police officers because she was acting suspiciously. She was searched and police found two small plastic bags containing 0.28 gram and 0.9 gram of cocaine, based on analysis conducted by the government laboratory.

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Her duty lawyer, in mitigation during the hearing, almost got her in worse trouble when he said the drug was actually not hers, and that it was given to her by a friend for safekeeping.

“You better rethink your mitigation,” interrupted Magistrate Wan, saying this fact could mean she was engaged in drug trafficking, which is a lot more serious than possession.

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The lawyer immediately withdrew his statement, and focused on seeking a light penalty because Cereneo was remorseful and had pleaded guilty at the earliest opportunity.

He said the Filipina arrived in Hong Kong in 2021 as a domestic helper, but was later terminated. She has since applied for non-refoulement, and now subsists on $1,100 allowance monthly from a non-government organization.

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Pastor fined $10k for illegal recruitment face another, bigger claim

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Lalaan in a photo taken from Facebook

A Filipino pastor was today fined $10,000 and ordered to reimburse $7,000 to an employer after pleading guilty at West Kowloon Magistracy to operating an unlicensed employment agency.

Jonathat Edorot Lalaan, 64, pleaded guilty to the charge of operating an employment agency without a licence between Mar 22 and 24, 2022 in Tung Chung. The charge was filed as a result of an information laid by the Labour Department on Mar 21, 2023.

Lalaan, a permanent resident and is known in the Filipino community as a pastor and a former court interpreter, is also facing a complaint by a foreign domestic helper who claims to have paid him $25,000  on Feb 3 last year, after he promised to secure a job for her partner who is in the Philippines.

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Marissa M. said in complaints she filed with the police and the Philippine Consulate, that months after she paid the money, he told her he could not secure the promised job and offered a refund. However, he has yet to comply with this promise.

According to a statement released by the government, the Labour Department received a complaint in May 2022 from an employer who was seeking to hire a FDH and paid Lalaan a sum of money for this purpose.

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After an investigation, the Department was able to determine that Lalaan was operating an unlicensed employment agency and decided to prosecute.

The Department warned that all establishments or persons operating a business in Hong Kong for the purpose of obtaining employment for another person or supplying personnel to an employer must obtain a licence from the Labour Department before undertaking any recruitment activities.

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Except for the person licensed to operate an employment agency, no one shall operate, manage or assist in the management of the said agency.

Anyone found to have violated these laws could result in revocation of the licence and face prosecution. The maximum penalty for someone operating an unlicensed employment agency or overcharging commission from job-seekers is a fine of $350,000 and imprisonment for three years.

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Any matters related to the operation of EAs or complaints about their malpractices may contact the Employment Agencies Administration of the LD by calling 2115 3667, e-mailing ea-ee@labour.gov.hk, or visiting its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.

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Filipino fined after his Rottweiler bites woman

Posted on 08 January 2024 No comments

 

Rottweiler owner leaves court after being fined

A Filipino whose Rottweiler dog bit a woman in Hung Hom Ferry in Kowloon was today fined a total of $7,400 for two cases filed against him at the Kowloon Courts by the Agriculture, Fisheries and Conservation Department.

Revan Valleramos, 36, had pleaded guilty to violation of both the Dangerous Dogs Regulation under the Dogs and Cats Ordinance, and of the Rabies Ordinance for the April 1, 2023 incident.

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Deputy Magistrate Eric Yao imposed on Valleramos a fine of $3,600 for the first offence -- allowing a large dog to enter a public place without leash – which has a maximum penalty of $25,000 fine and 12 months’ imprisonment.

Yao imposed a fine of $3,500 for the second offense because the dog bite caused a deep laceration above the right elbow of the victim, who had to undergo surgery as a result.

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And for being late – Valleramos arrived in court at past noon for a 9:30am schedule, which resulted in the hearing being stood down until he arrived – Yao charged him $300 for court costs.

When Valleramos arrived, he apologized to the court for being late because he had mixed up his schedules, thinking he had to go to a hearing at the Small Claims Tribunal where the victim of his dog was suing him for compensation.

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While he pleaded guilty to the first offense, Valleramos was reluctant to admit the facts in the second case, insisting that the victim was bitten accidentally and this fact should be mentioned in the statement of facts.

“I do not agree that my dog intentionally bit (the victim),” he said.

He narrated that he was playing ball with his Rottweiler when a woman carrying two poodles passed by.

The poodles barked at the Rotweiler, which responded by running towards them, he added.

To protect her poodles, the woman turned around and was bitten. After pain forced her to release the poodles, the Rottweiler went after them, he added.

But Magistrate Yao said it does not matter whether the dog bite was accidental or not.

“It’s not a defense for you to say the dog accidentally bit the victim,” he added.

Nevertheless, he called a recess to enable Valleramos to sort his concern with the prosecutor, who said the statement of facts does not mention that the dog bite was intentional.

In the end, however, accidental was not mentioned in the statement of facts, which he accepted before pleading guilty.

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Usudan is now Consul General in Hong Kong

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Congen Germie Usudan leads the flag-raising ceremony at the Consulate for the first time

The Philippines’ new consul general in Hong Kong, Germinia V. Aguilar-Usudan formally assumed office yesterday, Jan. 7, when she led the flag-raising ceremony at the Consulate, joined by her officers and staff, as well as some members of the Filipino community.

Prior to assuming the role as the country’s top diplomat in Hong Kong, Congen Usudan served as deputy to former consul general, Raly Tejada, who has been recalled to the head office of the Department of Foreign Affairs in Manila after completing the mandatory six years tour of duty. 

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In her short address after the flag-raising, Congen Usudan, who is a lawyer like her predecessor, reaffirmed the Consulate’s commitment to improve the delivery of services to the public, including  upholding and protecting the rights and welfare of Filipinos in Hong Kong.


Congen Usudan began her career with the Department of Foreign Affairs in 1988 right after graduating from the University of the Philippines with a degree in economics. She later took the Foreign Service Officers’ examination and joined the foreign service in 1997.

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Since then, she served as principal assistant at the Office of Consular Affairs (1997-1999), special assistant and vice-chairperson of Overseas Voting Secretariat (2006-2009), and director of Office of Middle East and African Affairs (2016-2018) at the Home Office in Manila.

Her previous foreign assignments were at the Philippine Embassy in Abu Dhabi, United Arab Emirates (1999-2002), the Philippine Embassy in Riyadh, Kingdom of Saudi Arabia (2002-2006), the Philippine Embassy in Jakarta, Indonesia (2009-2012) and the Philippine Consulate General in Jeddah, Kingdom of Saudi Arabia (2012-2016).

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Congen Usudan has a BA Economics degree from UP, and a Juris Doctor degree from the University of Santo Tomas. She hails from Libon, Albay and is married with two children who are currently with her in Hong Kong.

She first came to Hong Kong in November 2018, which means she has been here for more than five years, and is just one year shy of completing her own tour of duty. 

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Filipina jailed 10 months for stealing $178.8k from employer

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Metiam admitted the theft at Eastern Court

A Filipina domestic helper was ordered jailed for 10 months after she pleaded guilty at Eastern Court earlier today to stealing $178,800 cash from her employer’s flat in Happy Valley in October last year.

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Maribel de la Cruz Metiam, 33 years old, married and a native of Pangasinan, had been in detention since her arrest last Oct. 20 for the theft. Her lawyer had said earlier she did not wish to apply for bail as she had nowhere to live while her case was being investigated.

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She admitted stealing the huge sum on Oct. 4 of the same year in the flat of her employer, Mary Lau Yuk-chun, on the 12th floor of Siu Fai Terrace in Happy Valley. She had been in Lau's employ for just over three years.

In mitigation, the defense lawyer said Metiam was remorseful, and was compelled to steal because her mother was sick. She had a clear record.

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Because of the substantial amount involved, Magistrate Ivy Chui used 15 months’ imprisonment as a starting point, and reduced it only by 1/3 for her guilty plea, resulting in a sentence of 10 months in jail.

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