Senate to resume inquiry into student visa ‘scam’ as support groups vow to keep up fight

 

'Justice for the victims' was the vow of advocates against Mabatid and her co-horts

The Senate inquiry into the alleged fraud and illegal recruitment of some 150 Filipinos for student visas to Canada, will resume after the plenary sessions.

This was the assurance given by staff of the Senate Committee on Migrant Workers headed by Senator Raffy Tulfo, to complainants against former Cebu City Councillor Prisca Nina Mabatid and two companies associated with her, PinoyCare Visa Center and Opportunities Abroad.

The staff also said the Committee is taking note of recent posts made by Mabatid on social media, castigating Senator Tulfo for supposedly ditching their friendship and her support of him during the election, in pursuit of the complaints against her.

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“We take note of the post and rest assured that we will tackle this when the committee hearings will resume, after the plenary break. We shall keep you posted,” said the staff.

Mabatid has been issued with a show-cause order to explain her absence in the two past hearings of the case conducted by the Senate committee, or she will be held in contempt.

The Immigration Department hals also told the committee they have put Mabatid in their watchlist for people departing the country.

Meanwhile, supporters of the complainants from the Mission for Migrant Workers, United Filipinos – Migrante Hong Kong and Migrante International, have vowed to keep up their efforts to pursue the cases against Mabatid and company until justice is served to her alleged victims.

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MFMW case officer Edwina Antonio said there are now a total of 26 complainants against Mabatid, PCVC and Opportunies, as well as her partner Russ Mark Gamallo and OFW blogger Bryan Calagui, who stood as their promoter in Hong Kong.

Each paid at least HK$18,731 (about Php132,000) on the promise, recorded extensively on video, that they could get their student visas to Canada in three months, and should not worry about expenses as they would be able to work for five days and attend classes for only two days each week.

Including the 150 complainants across the Philippines and overseas, the amount involved in the so-called scam should be no less than P15 million.

Migrante affiliates are set to hold more protest actions urging national govt to take action

Speaking at a live broadcast of The SUN on Friday, April 6, Antonio said the Hong Kong Police is taking the case seriously, and has called the complainants one by one to ask them to go to their North Point station to make a statement.

The Hong Kong Immigration Department is also looking into allegations that  Mabatid and Gamallo who came here as tourists in February and June last year had violated their visa conditions by organizing recruitment seminars for some 1,000 Filipino migrants here.

Calagui, who works as a domestic helper with driving duties, has also been invited by Immigration for an investigation twice, into whether he took up illegal work when he actively promoted Mabatid’s recruitment operations in Hong Kong, said Antonio.

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“We are also continuing to liaise with the Police and the Philippine Consulate General on the case,” said Antonio, who added that during a meeting held last month, Consul General Germinia Aguilar-Usudan assured them of her full support.

Antonio paid tribute to the Hong Kong migrant workers who have stepped forward to complain about the alleged scam, despite their limited free time, and the threats they received from a lawyer and staff of the two visa consulting companies.

“So hindi tayo titigil kasi ang mga  biktima ay nandyan lagi at kasama natin sa labang ito,” said Antonio. (So we will keep this up because the victims are standing by and are with us in this fight).

Dolores Balladares, chair of Unifil-Migrante Hong Kong, said protest actions that focus on the illegal recruitment and human trafficking of migrant workers will continue, with a big one being set for Labor Day, May 1.

“Isasama natin sa protesta ang kaso laban kay Mabatid,” said Balladares (We will include in the protest the case against Mabatid).

Before this major rally, she said her group will take other actions during the weekend to sustain the demand that all the concerned agencies and even the national government itself, should take immediate action on the case.

MFMW’s general manager Cynthia Tellez also called on the victims not to lose interest in the case to ensure their victory.

“Huwag maiiinip, huwag tatahimik, kasi kapag tayo ay tumahimik ay gagalaw na naman sila,” said Tellez. (Don’t lose your patience, don’t keep quiet, because if you keep quiet they will start moving on us again).

“Ang titiyakin namin ay hindi kami titigil,” she added (We assure you that we will not stop fighting, either).

Tellez also warned the public against disinformation and victim blaming, saying these are being done by the other side to sow discord among the complainants.

All the advocates expressed gratitude to Senator Tulfo for stepping in and bringing the apparently massive scam to public notice, but said they were disappointed by the other government department’s failure to take immediate action.

“Kung nakita mo na parang may itinatagong impormasyon,  dapat ang gobyerno na ang makialam,” said Tellez, referring to the unclear messages being relayed to the complainants on the status of their case by the Department of Migrant Workers and the National Bureau of Investigation.

Mabatid promised them work despite offering student visas, said the complainants

One of the complainants who testified in the Senate committee hearing, Cherryl Genobebe, recalled that despite being thrown off by a long list of requirements that Mabatid’s group emailed to her after she had paid the $18,731 fee, she persisted, thinking that what she was being offered was genuine.

But after completing the requirements she was told she needed to pay another P100,000 to a school she did not have direct contact with. When she asked whether she could charge this against the P1 million loan that Mabatid promised them during the orientation, she was thrown another wrench, that she needed to provide an “alibi” as to why such a big amount of money had suddenly popped up in her bank account.

That was when she realized she had been taken for a ride, said Genobebe.

In Hong Kong, protest actions such as this will continue

Another complainant, Jackie, said she had taken the initiative of emailing the Presidential Action Center to follow up on the case, and an NBI agent with the anti-human trafficking division sent her a reply, asking for relevant documents to be forwarded to them.

Jackie said she responded by saying all the information about the case had already been sent to DMW, which then forwarded them to the NBI, along with a recommendation for the filing of charges.

The NBI agent reportedly told Jackie she would look into their office files and get back to her. 

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Asylum seeker afraid of being killed by husband fails to sway High Court

 

The High Court upheld the Board's decision denying the Filipina's claim

A Filipina who claimed to fear her abusive husband, whose ire was intensified by her having a child with a Pakistani while in Hong Kong, has failed to get High Court approval to appeal the denial of her application for asylum.

F. Cutchon, 56, has raised no valid reason to challenge the decision of the Torture Claims Appeal Board “and there is no ground for this court to interfere with it,” said the decision handed out last Friday (April 5) by Allen Lee for the High Court Registrar, by order of Deputy High Court Judge K.W. Lung.

“The role of this Court is supervisory, meaning that it ensures that the Board complied with the public law requirements in coming to its Decision on the applicant’s appeal.  The Court will not usurp the fact-finding power vested in the Director and the Board,” the Court of First Instance decision added.

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Cutchon arrived as a visitor in August 2010. She claimed she wanted to flee her husband who had been assaulting her since two years after their marriage in 1989.

She was arrested in September 2010 after overstaying for one month, and filed an asylum claim with the Immigration Department on Oct. 11, 2010.

In her application, Cutchon claimed that her husband had murdered one person before she met him and then killed two more, that his uncle was a leader of the New People’s Army and that she was also being hunted by the person who lent her money to fly to Hong Kong because she failed to repay her.

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“The applicant was of the view that she could not seek protection from the police because she had no money to bribe them,” the decision noted.  

The Immigration Director ruled on June 25, 2018 that her reasons for seeking asylum did not fall under the three accepted grounds she cited in her application: risk to life under the Hong Kong bill of rights (HKBOR), risk of torture or of cruel, inhuman or degrading treatment or punishment under the HKBOR and risk of persecution under the 1951 Convention relating to the Status of Refugees.

When she appealed to the Board on July 13, 2018, it affirmed the Immigration Director’s findings and noted that she exaggerated the threats she faced, which had become remote rather than a real risk due to the lapse of time.

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Cutchon brought her case to the High Court on May 8, 2019 by filing a leave for judicial review and requested an oral hearing.

“However, she did not turn up at the hearing before the Court,” the court noted.

 “The applicant fails to show that she has any realistic prospect of success in her proposed judicial review,” the court concluded.

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Last 5 days to see world masterpieces in Hong Kong

 

Caravaggio's 'Boy in Red' is used in the promotional poster for the special exhibit

Ever wished to see an original Van Gogh, Botticelli or Monet? You have until Thursday, April 11, to see one of the finest collections of art works from the masters, which is currently on display  at the Hong Kong Palace Musem in West Kowloon District.

The special exhibition  “Botticelli to Van Gogh: Masterpieces from the National Gallery, London” is the first selection of major artworks from the prestigious gallery to be displayed in Hong Kong.

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It features 52 treasured works of 50 influential artists, spanning more than 400 years of Western art history, and dates back to the 15^th to early 20^th century, from the Renaissance to impressionism and post-impression.

Van Gogh's Long Grass with Butterflies

Apart from Vincent Van Gogh, Claude Monet and Sandro Botticelli, the other masters whose works are included in the collection are Raphael, Titian, Caravaggio, Rembrandt, Goya, Turner and Constable.

The special exhibition in Gallery 9 of the Palace Museum is financially supported by the Mega Arts and Cultural Events Fund of the Hong Kong government, as well as AIA Hong Kong and Centurion from American Express.

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While at the museum, it would be a good idea to check out the other galleries that display priceless Chinese art works, from porcelain pieces from the Ming and Qing dynasty, to Chinese scrolls and calligraphy paintings.

Fine porcelain pieces from the Ming & Ching dynasty can be seen in the other galleries

Ticket prices for galleries 9 and 1-7 are at $150 each for regular adult tickets, and $75 for concession tickets (seniors aged 60 up, children aged 7-11, full-time students and persons with disabilities (with one companion), and CSSA recipients).

Gallery 8 which holds the Jockey Club art series: Yuan Ming Yuan - Art and Culture of an Imperial Garden-Palace" requires the same entrance fee for Gallery 1-7 & 8.

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For full access to galleries 1-9, the fee is $220 for regular tickets and $110 for concession.

The Hong Kong Palace Museum is at 8 Museum Drive in West Kowloon Cultural District. It is open every day except Tuesday. The opening hours are:

Mon, Wed, Thu & Sun

10:00 am – 06:00 pm

Fri, Sat & Public Holiday

10:00 am – 08:00 pm | Closed on Tuesdays (except public holidays) & the first two days of the Lunar New Year

For directions, click this link: https://www.hkpm.org.hk/en/visit/plan-your-visit#location-and-transportation

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Filipino arrested for illegal work fails in bail bid

 

A Filipino  who was arrested for alleged illegal work failed to convince the High Court yesterdday,  Friday, that he be allowed to post bail because he was suffering from depression.

On further questioning by Judge Alex Lee, defendant Jim Pascual, who appeared to be in his ‘30s and distraught, said he wanted temporary liberty because he needed to sort out some problems with family and friends.

Pascual said he was ready to face trial for the charges brought against him, and promised to report regularly to the Yau Ma Tei Police Station if allowed to post bail.

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He also said he was willing to do some community work, but Judge Lee said his visa conditions prevented him from taking up work, whether paid or unpaid.

The judge earlier said Pascual, a recognizance paper holder, was charged with illegal work by the Immigration Department after he was found working in a restaurant, in breach of his visa conditions.

When asked how he could support himself if he is allowed bail, Pascual said he receives financial support from his family and friends, as well as from social welfare.

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Judge Lee eventually declined the bail application, saying there was a big risk Pascual would abscond, given his lack of local ties, and the fact that the evidence against him was strong.

But the judge told Pascual that he is presumed innocent before trial, and has the right to apply for bail, unless there is acceptable ground to believe he would abscond.

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He suggested the applicant wait until May 7, when he is due to return to court for the hearing of his case, and during which the trial date should be fixed. If the trial is not set before the third quarter of the year, he could go back to court and try to apply for bail again.

But again, the judge said bail could only be granted if there is enough ground to support the application.

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8 weeks’ jail for DH who laundered money using 2 bank accounts

 

Kwun Tong Law Courts Building

A Filipina domestic helper was sentenced today to eight weeks’ imprisonment for two cases of money laundering after a trial at Kwun Tong Courts.

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Roselyn Eliponga, 30 years old, had been charged in both cases with violation of Sections 25(1) and 25(3) of the Organized and Serious Crimes Ordinance, or dealing with property known or believed to be proceeds of indictable offense.

Magistrate Edward Wong handed down a sentence that consisted of six weeks in jail for the first charge and three weeks for the second.

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Since Eliponga did not plead guilty, she was not entitled to a discount, Maguistrate Wong said. Still, he ordered the first week of the second sentence to run concurrently with the first sentence, resulting in an eight-week term.

The first charge arose from the deposits and withdrawals made on her Bank of China account between Oct. 5, 2020 and March 11, 2021, totalling $132,030.

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The second charge involved the deposit and withdrawal of $30,835.18 in her Hongkong and Shanghai Banking Corp. account on  Oct. 5, 2020.

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Filipina admits concealing birth of her dead baby

Villanueva is shown during her arrest in February 2020 

A 25-year-old Filipina on a dependant’s visa pleaded guilty today to an alternate charge of concealing the birth of her baby girl, whom she threw out the widow of a unit of a flat in Lantau on Feb. 1, 2020, thinking she was dead.

Jill Naomi G. Villanueva, who worked as a parttime receptionist, was originally charged with manslaughter, but because a medical examiner said the premature newborn might indeed have been dead before she was tossed out the window, the prosecution agreed to the lesser charge.

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Judge Allen Lee ordered probation and background report on the defendant, whose status is now uncertain, as she was arrested and charged before she could become a permanent resident. 

The judge extended Villanueva’s bail, but warned this did not mean she would not be jailed,

“All sentencing options are open,” said the judge.

He set the mitigation and sentencing on May 3 at 2:30pm.

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Villanueva, who showed up in court with her mother, looked composed as she left the dock and conferred with her lawyers. She confirmed her status is now uncertain, as she was unable to renew her dependant’s visa after her arrest.

According to the agreed facts read by the prosecution, Villanueva had a relationship with a Pakistani male colleague in mid-July 2019, when she was 21 years old, which resulted in her getting pregnant.

She kept het condition from her mother, but told her boss.

In September of the same year, the defendant went to North Lantau Hospital, suffering from abdominal pain. An abortion was suggested, but as she couldn’t decide, went to the Philippines to think it through.

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The following month, she returned to Hong Kong and was again hospitalized due to some bleeding. She declined confinement as she was worried her mother would find out she was pregnant.

In December of the same year she sought medical treatment again because of stomach pain. Villanueva mentioned abortion to her partner and he offered to pay the cost, but she refused.

The night before she gave birth, she felt unwell after returning from work. She woke up early the next morning and sat on the toilet for about 10 minutes, and gave birth to a baby girl.

The defendant said the baby, who had fallen into the toilet, did not cry at all, which made her think that the newborn was dead. She washed the baby’s body and wrapped her up, then threw her out the window.

Villanueva said she did not think of calling an ambulance because her mind had gone blank.

At about 10:30am that same morning, passersby saw the baby on the street outside no 116, Tong Fuk, Lantau Island and called police. Paramedics confirmed the baby was dead at the scene.

A forensic examination revealed that the baby had multiple injuries including skull fractures and bleeding in the head, heart, lungs and kidneys, which may have been caused by her falling from a height.

However, while the injuries may have been caused by the fall, the pathologist did not rule out that the baby was stillborn, or had died shortly after birth. 

The defense counsel asked for probation for the defendant, instead of a custodial sentence, but the judge said he wanted to learn more about her family situation.

According to her lawyer, Villanueva was born in the Philippines and studied there for awhile before moving to Hong Kong on a dependant’s visa, and continued her studies here.

She lives with her mother and an elder sister in Lantau.

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2 overstayers avoid getting jailed

 

Immigration cases are often heard at Shatin Court

Two Filipino overstayers who are seeking asylum in Hong Kong, avoided jail yesterday (March 3) after they appeared separately in Shatin Court.

Magistrate Gary Chu listened as the prosecutor presented the cases of S. A.Dino , 17 years old, and Marie Chris Parane, 33, both charged with breach of condition of stay, a violation of the Immigration Ordinance.

In the end, Dino got off with a bind-over after the prosecution offered no evidence and the case against him was withdrawn, while Parane was given a sentence of six days in jail, suspended for one year.

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Dino was told by Magistrate Chu that he need not pay the fine of $2,000 if he does not reoffend for the next 12 months.

However, he was charged $500 for costs, to be taken from his bail.

Dino arrived in 2021 as a visitor and was allowed by an Immigration officer to stay in Hong Kong until March 26 of that year.

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He did not leave for more than two years until his arrest on Sept. 5, 2023.

Parane, on the other hand, need not spend any time in jail even after pleading guilty to the same offense -- if she does not commit any offense for the next 12 months, Magistrate Chu explained.

However, Chu ordered that her bail of $500 be estreated – or confiscated.

Parane arrived in Hong Kong to work as a domestic helper, and was allowed to stay until April 9, 2022.

However, she remained in Hong Kong for another four months until she was arrested on Aug. 9, 2022 and later sought asylum.

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Tsunami warning in HK, PHL after 7.4 quake hit Taiwan

 

Footage from national broadcaster TVBS shows the damage in Hualien county

The Hong Kong Observatory has warned of a minor tsunami in the South China Sea in the aftermath of a 7.4 magnitude earthquake that shook Taiwan’s southeast coast early this morning, Wednesday.

According to the Observatory, the tsunami could hit Hong Kong between noon and 2pm today. There has been no update on the forecast so far.

In the Philippines and Japan, tsunami warnings were also issued. Philippine authorities also ordered the evacuation of residents in some coastal towns, but later recalled the order.

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Earlier, a number of Hong Kong residents reported feeling tremors after the devastating quake that rocked Taiwan at 7:58aam, with the county of Hualien, a sparsely populated area east of the capital,  as the epicenter.

Videos from the scene showed several toppled buildings and many people camped out in the streets, fearing aftershocks. (HK's SCMP carried this video taken at the scene: https://youtu.be/erQlxtGYvjo)

Initial reports said at least five people were killed in the tremor, the strongest to hit Taiwan in 25 years.  More than 50 people have been injured, with some trapped in buildings and tunnels around the city, according to the National Fire Agency.

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In the capital, Taipei,  footage from local broadcaster TVBS showed many collapsed residential buildings and people being evacuated from their homes and schools. Many vehicles were smashed and stores left in disarray.

Power cuts and internet outages have been reported across the island.

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Taipei’s Seismology Centre said the earthquake was close to land and shallow so it was felt all over Taiwan and offshore islands.

In September 1999, a 7.6-magnitude earthquake hit Taiwan, killing 2,400 people and destroying 5,000 buildings.

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