Filipino who gave wrong date for Phl national election loses bid to oppose deportation

 

The cour pointed out glaring lies in the applicant's torture claim

A Filipino torture claimant lost his application for a judicial review of the decision by the Immigration Department and the Torture Claims Adjudication rejecting his claim for non-refoulement (or against his forced return to the Philippines), because of his glaring lies.

For example, applicant Rael C. Asuncion gave the date of the national election in the Philippines as October 2010, but the Immigration Director said that based on country of origin information, it was held on May 10, 2010.

His claim that he was persecuted by a powerful political clan in Cagayan because he had led protests against a mining project they supported was also found without basis, as was his supposed fear of the New People’s Army because he refused to join the rebel group.

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Asuncion entered Hong Kong as a visitor on Feb 15, 2015 and travelled to various nearby places, like Macau and Mainland China before re-entering on Apr 18, 2015. He was allowed to stay until May 16, 2015 but did not leave and was arrested by the police for overstaying on Jul 25, 2015 for overstaying.

He filed a non-refoulement claim on Sept 21, 2015 on the basis that he would be harmed or killed by the following groups: (1) the powerful Vargas family due to his dispute with them; and 2) members of the NPA because he refused to join them.

According to Asuncion, his problem with the Vargas family started around 2001 when he opposed a mining operation that Cong. Florencio L. Vargas was supporting. The lawmaker supposedly told him that the project would proceed regardless of his objection.

TAWAG NA!

In November 2009 Asuncion said he was accused of killing two security guards at the mining site, and he was arrested, beaten and starved by the police. He believed Congressman Vargas was behind this.

He continued his protest actions against the mining project, as a result of which Congressman Vargas supposedly sent a death threat to him in March 2010.

In the run-up to the national election which he erroneously said was held in October 2010 he said he received another death threat, this time from the daughter of the congressman.

When Congressman Vargas won the election, Asuncion said he fled his hometown. But after the legislator died in September 2011, his family allegedly blamed him for causing his death.

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(A simple Google search will show that Vargas was indeed re-elected as representative of the 2nd district of Cagayan in the May 2010 election, but died on July 22, 2010 due to leukemia).

As for his supposed ties with the NPA, Asuncion claimed he had recruited people into the group in 2009 but did not join them. He claimed he stopped helping them when he was informed by a neighbour that the police were looking for him.

Again citing the lack of credibility in Asuncion’ claim, the Director said there was no sign that the NPA “persistently had any interest in him.”

Even if true, the Director said he could have applied for state protection or moved elsewhere as “internal relocation alternatives were available and reasonable” in the Philippines.

The TCAB upheld the Director’s findings and added that Asuncion’s claim of torture by the police and the supposed campaigning he made against Cong Vargas had never occurred, and that his intention in coming to Hong Kong was not to seek non-refoulement protection.

In dismissing the application for judicial review, Ms MO Wong for the Registrar said the applicant raised no valid ground to challenge the Board’s decision. He also failed to show that he had any realistic prospect of success in his judicial review.

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DH gets 10 weeks’ jail for stealing 3 gold chains from dying employer

 

Queen Elizabeth Hospital, where the theft took place (Google Maps photo)

A Filipina was jailed for 10 weeks today for stealing three gold chains from her elderly employer while she was in a hospital.

Geraldine Manzano, 43, had earlier denied stealing the gold chains from female Cheung Yuk Mui, who sebsequently died, but was convicted at the conclusion of her trial at the Kowloon City Court.

Among the evidence presented by the prosecution were two pawnshop receipts recovered from Manzano, showing that she pawned two of the gold chains for a total of $4,800.

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The other gold chain could no longer be traced.

Deputy Magistrate Simon Kwong said the gold chains were likely worth more than the pawned amount, not to mention the sentimental value to the late owner’s family.

Manzano’s lawyer urged Magistrate Kwong to be lenient in punishing her, because she has already suffered the consequences of her offence, having been jobless for six weeks and dependent on relatives for sustenance.

TAWAG NA!

The lawyer sought a suspended sentence so that Manzano can go home to take care of her elderly mother and four children, three of whom are still studying.

But Kwong rejected the suggestion, saying the offense requires a jail sentence.

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He said an aggravating fact about the theft was the breach of trust, where Manzano took advantage of her relationship with the dying victim.

The theft took place at the Queen Elizabeth Hospital in Kowloon on Oct. 3, 2023.

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Agents accused of submitting fake contracts to help DH get visas

 

A Filipina identified as the agent who induced several fellow Filipinas to submit fake work contracts to the Immigration Department to obtain foreign domestic helper visas, appeared at Shatin Court yesterday (April 11) to face six charges of conspiracy to defraud.

Kathleen Emily Vizcarra, 35, had been identified as the agent in several cases in which Filipinas were convicted of conspiracy to defraud and punished with jail terms of up to six months for obtaining visas by submitting fake contracts.

Vizcarra appeared as a co-defendant with a local, Liu Chong-hang, 34, after both were summoned for separate cases. The two were told  that their cases had been consolidated into one, for transfer to a higher court because of its magnitude.

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The charges accuse both of conspiring to defraud the Immigration director and his officers by falsely stating that their visa applicants would work for their supposed employers, and inducing the officials to grant the DHs “permission to enter and remain in Hong Kong in circumstances which they would not otherwise be granted.”

Magistrate David Chum freed the two on bail of $2,000 with several conditions, such as not to leave Hong Kong and not to approach or contact any of the prosecution witnesses, until the next hearing on May 23.

TAWAG NA!

In the consolidated case, Vizcarra faced three charges on her own:

• Submitting to Immigration between April 2022 and May 21, 2023 a fake work contract between Josephine Soberano and alleged employer Li Sin-ting, for which Soberano was granted permission to enter and remain in Hong Kong.
• Submitting to Immigration between January 2022 and March 14, 2022 a fake work contract between Remelyn Edra and alleged employer Zheng Jiabao, for which Edra was allowed to enter and remain in Hong Kong.
• Submitting to Immigration between March 2022 and Feb. 21, 2023 a fake work contract between Remelyn Edra and alleged employer Kwok Ka-Lai, for which Edra was allowed to enter and remain in Hong Kong.

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Vizcarra is co-defendant with Liu in these cases:

• Submitting to Immigration between April 2022 and Feb. 26, 2023 a fake work contract between Mark Luansin and alleged employer Tse Siu-po, for which Luansin was allowed to enter and remain in Hong Kong.
• Submitting to Immigration between March 2022 and Feb. 26, 2023 a fake work contract between Marjorie Lantano and alleged employer Chan Sing-wa, for which Lantano was allowed to enter and remain in Hong Kong.
• Submitting to Immigration between June 2022 and April 26, 2023 a fake work contract between Elynette Montalban and alleged employer Tam Ka-ki, for which Montalban was allowed to enter and remain in Hong Kong.

Liu faces two charges on his own:

• Submitting to Immigration between August 2022 and Sept. 16, 2022 a fake work contract between Coleta Ayag and alleged employer Ho Ping-wing, for which Ayag was allowed to enter and remain in Hong Kong.
• “Dishonestly and falsely representing to the Director and his officers” on March 7, 2022 that Chau Sai-ho was the spouse of Coleta Ayag, to enable Ayag to obtain a dependent’s visa.

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DH gets 8 months’ jail for money laundering

 

A Filipina domestic helper was jailed for eight months today after she pleaded guilty in Fanling Court to money laundering, in which more than $1.5 million passed through her two bank accounts.

April Rose Sumaya, 41 years old, was convicted of “dealing with property known or believed to represent proceeds of indictable offense,” which violates the Serious and Organized Crimes Ordinance.

TAWAG NA!

Acting Principal Magistrate Peony Wong handed down the penalty of four months’ jail to Sumaya for the first charge of allowing the use of her Hang Seng Bank account so that $501,680 flowed in and out from June 7, 2021 to July 5, 2021.

Sumaya received another six months for the use of her Hongkong and Shanghai Bank account, where a total of $1,102,960 was deposited and withdrawn between June 24, 2021 and July 6, 2021.

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Since Magistrate Wong ordered that two months of the first charge will run at the same time as the sentence in ther second charge, the sentence was rduced to eight months.

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3 of 5 fatalities in Jordan fire still unidentified, FDH among those injured

 

Several fire engines battled the blaze at the New Lucky House in Jordan (FB photo by HKEye)

Police have yet to identify three of the five people who died in the fire that broke out at New Lucky House in Jordan on Wednesday morning.

The two who have been identified are both elderly Chinese males surnamed Lai and Tsang.

Two of them, a man and a woman, are reported to be non-ethnic Chinese and possibly South Asian, while the other one is  believed to be a Chinese woman, but the information has yet to be verified.

One of those killed was suspected to have jumped off the 16-storey building to escape the fire, and was found on the first-floor podium.

TAWAG NA!

Three of the victims were found in the second-floor corridor, while the fifth was discovered on a staircase between the seventh and eighth floors.

Chief Executive John Lee extended his condolences to the families of those killed, and later visited some of the injured at Queen Elizabeth Hospital. He said an investigation of the cause of the fire is top priority.

Among the 23 who were injured and are still in hospital, eight are in critical condition, three are listed as serious, while the rest, including an infant girl, are stable.

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At least one foreign domestic helper was reported to be among those seriously injured in the fire. Reports say she suffered from smoke inhalation and sustained burns on her abdomen and waist, but was conscious when taken to hospital.  

The FDH whose nationality was not identified, remains under observation at the intensive care unit of Queen Elizabeth Hospital.

Another helper was shown on video wailing on the pavement outside the building, saying she feared for her employer's safety. An accompanying report said the helper, who is apparently Indonesian, had just stepped out to buy breakfast when  the fire broke out.

(Watch this video from HOY business channel: https://fb.watch/rmJU3-MMJ_/)

Forty people were initially taken to hospital for injuries, but 17 have already been discharged.

Those still under treatment are at Queen Elizabeth Hospital, Princess Margaret Hospital, Prince of Wales Hospital, and Queen Mary Hospital.

One of  those  injured is rushed to safety (HK Eye photo)

The fire broke out at 7:53am on Wednesday at units 13 to 15 of the building’s first floor, and was escalated to no 3 alarm about 10 minutes later. A number of residents were trapped or injured, prompting a large-scale rescue operation.

About 250 people had to be rescued, while another 50 managed to move to safety on their own. Fire services volunteers went door-to-door to check if there were residents that needed to be rescued.

By 8:54 am the fire was contained, and by 10:30am was already completely extinguished. Its exact cause is still being investigated.

About 35 of the units in the building have been converted into guest houses frequented by Asian travellers.

Residents were advised not to return to their units while an investigation is being carried out, and to wait for further arrangements. 

The Home Affairs Department has set up temporary shelters at the Nam Cheong Community Centre and the Leung Hin Square Yau Ma Tei Community Centre for those in need.

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Woman tells court of how she lost $1.85 M in love scam

 

4 women are accused of complicity in the love scam-money laundering case

A local woman who works as a corporate secretary told Eastern Court today about how she lost a total of $1,850,265 over five months in 2020 after she befriended and fell in love with someone called “Zhang” she met on a dating site.

J. Wong, who appeared to be in her 30s and is pretty and soft-spoken, took the stand as the first prosecution witness in the trial of four people – a Chinese woman working as a waitress and three Filipino domestic helpers – each accused of money laundering.

Wong recalled how she became a victim of a love scam which started at about 11am on June 25, 2020 when she started chatting with Zhang, who introduced himself as engineer working in Cyprus.

TAWAG NA!

Soon, Wong said she and Zhang became an “internet couple.” 

On July 6, or less than two weeks after befriending her, Zhang told Wong via WhatsApp that he was sending her a package containing an iPhone and some small gifts.

Although she initially declined the gift, Wong ended up transferring a total of $1,680,655 of her own money to 15 bank accounts of unknown people, after someone claiming to be from courier company ACE Express told her she needed to pay “clearance fees” for the package.

Later, she was charged for “interest payments” as well, as the package also supposedly contained a big amount of cash.

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On Aug. 20, 2020, after she had made 22 bank transactions to obtain the parcel, the person claiming to be from the courier company, demanded an additional payment of $16,400. Wong told the court she decided to block the person on WhatsApp then, as he did not fulfill his promise to deliver the parcel and send her money back.

However, she then proceeded to complain to Zhang about what had happened, and her internet boyfriend immediately assured her that he would repay her shortly, as he was planning to visit her in Hong Kong after finishing a project.

“At this stage I wanted to believe him because I needed to get back my money,” Wong said.

But what happened instead was that she lost more money, as Zhang then asked for her help in paying for his tools and other matters he needed to sort out so he could immediately fly to Hong Kong.

From September 25 to October 20, 2020, she made four more bank transfers in Euros and pound sterling to two different persons, for a total sum of $169,600.

On Oct. 30, Zhang contacted her again, saying he had an accident and needed more money so he could fly to Hong Kong, but Wong declined.

After their last conversation on Nov. 19, 2020, Wong could no longer contact Zhang, so she decided to confide in friends. They convinced her to immediately file a report with the police as she had been scammed.

Wong said that after reporting the matter to the North Point Police station, she was told that  it would be impossible to recover her losses.

Only one of the defense lawyers decided to cross-examine Wong, and it was to ask about her educational background. Wong said she was educated up to tertiary level.

North Point police investigators told the victim it would be impossible to get her money back

Earlier, the prosecutor read out admitted facts in the case, which showed that part of Wong’s money had passed through the bank accounts of the four accused, which altogether showed a total of more than $2.4 million in deposits and withdrawals in just three months.

About 10 other Filipinos were named as recipients of the $1.85 million that Wong transferred to local banks, but it appears they have escaped detection by the police.

The four defendants all denied a charge each of “dealing with property known or believed to represent proceeds of an indictable offence” but did not dispute that their bank accounts were used as funnels for illicit funds.

First defendant Wong Siu-kuen, 53, was the owner of a Hang Seng bank account through which a total of $776,460 passed between June 15, 2020 and Aug. 20, 2020.

Second defendant Marife A. Dionson, 43, and a North Point resident, owned the HSBC account in which $358,300 was deposited and withdrawn within 24 hours, between July 8 and July 9, 2020.

Third defendant Geraldine G. Tolentino, 38, of Shatin, is accused of working with a person known only as “Wai” in laundering a total of $566,438 in her HSBC account, between July 15 and July 20, 2020.

Fourth defendant  Ires S. Caliwanagan, 40, from Sai Kung, owned the HSBC account used to launder the biggest sum of $714,406 between July 10 and July 23, 2020.

A fifth defendant, Maila U. Samson, was originally charged with the four, but pleaded guilty in October last year to money laundering, and was sentenced to eight months in jail.

She admitted knowing that a total of $607,000 in crime proceeds (part of which had come from Joanne Wong’s account) had passed through her HSBC account between July 15 and Aug 7, 2020.

Magistrate Minnie Wat extended the defendants’ bail until today, when the trial resumes.

Wong is on $2,000 bail while the three Filipinas are out on $1,000 bail each.

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Filipina jailed 4 months for stealing used suitcase

File photo (for illustration only)

A Filipina failed to prove in a trial that she did not steal a used suitcase from her employer, and was sentenced to four months’ imprisonment today at the Shatin Court.

Erlinda Dreo, 42, maintained her innocence during the trial, saying he bought the suitcase online.

But Magistrate David Chum saw enough evidence from her employer to show that the suitcase belonged to her, and found Dreo guilty of theft, in violation of Section 9 of the Theft Ordinance.

Dreo had pleaded not guilty last Feb 15 to stealing the suitcase, valued at $1,099, from her employer Bong Yick Man Monica, setting the stage for a trial on March 6.

TAWAG NA!

It was alleged that Dreo stole the suitcase at her employer’s house in Woodcrest Hill in Tai Wai between Feb. 1 and Sept. 15 last year.

Meanwhile, another Filipina in separate theft case, has been issued an arrest warrant for failing to show up in Kowloon City Court yesterday to answer a case of shoplifting.

Magistrate Peter Yu also ordered that Allen Cherche Pascual, 32, be denied bail when arrested.

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Pascual is accused of stealing various goods worth $466.80 from a Wellcome store on Nathan Road in Yau Ma Tei last Feb. 24.

She is accused of stealing one box of eggs, two bottles of youghurt drinks, onr pack of beans, two bottle of Red Bull drink, six bottles of sauce, one onion, two packs of cheese, two packs of mint leaves, three bulbs of garlic, two packs of fusilli, two boxes of shrimp and one pack of salmon.

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Police confirm arrest of man for assault in viral WorldWide video

 

The video shows the alleged victim checking the extent of her injury with her phone

The police have confirmed the arrest of a Chinese man for suspected assault occasioning bodily harm after a video taken on Sunday, Apr 7, inside WorldWide Plaza in Central showing a bloodied Filipina went viral.

A police spokeswoman said the arrest was made after the 40-year-old Filipina filed a complaint over the alleged assault at about 10:52 am that day.

The Filipina, who is shown in the video with blood dripping down her face and the front of her blouse and skirt soaked in blood, was reportedly injured in the eye and was taken to Queen Mary Hospital for treatment.

TAWAG NA!

She reported being punched in the face by the man after they had an argument.

The spokeswoman said there was no indication of what the two had argued about.

There also was no record of the man being charged after his arrest.

According to the one video uploader named Mary Anne, the man hit and punched the Filipina while they were still arguing.

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“Grabe ang pagkasuntok, tuklap kilay ni ate,” said Mary Anne. (The punch was so strong it peeled off sister's eyebrow).

She also zoomed in for a few seconds on a man wearing a black shirt who was the alleged assailant, who was shown nonchalantly checking his phone while a woman companion, also Chinese, stood beside him.

Security officers at the mall could be heard calling the police as they stood near the woman while holding the alleged assailant at bay. 

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8 months' jail for DH who stole because of debts

 

The helper was sentenced at Kowloon court

A domestic helper was sentenced today to eight months in prison after she pleaded guilty to stealing from her employer $81,100 in cash and jewelry, much of which could no longer be retrieved.

Juliet Away, 39 years old, stood silently in the dock at Kowloon City Court No. 1 as Magistrate Peter Yu gave her an initial sentence of 11 months but granted her a three-month discount for her guilty plea.

“It’s a classic breach of trust case,” he said, as he referred to a similar case in the past, which he used as guide for the sentence. “You worked as a domestic helper but on various occasions, you stole from your employer.”

TAWAG NA!

According to the police complaint, the employer received calls from debt collectors shortly before the thefts began on May 13, 2023, when $3,100 in cash went missing from her flat on Broadcast Drive, Kowloon Tong.

When she confronted Away, the latter admitted stealing the money and signed a promissory note saying she would repay the amount on installment.

However, over the following nine months until Feb 3 this year, the employer noticed that some of her jewelry went missing: two platinum rings, one diamond ring, one diamond necklace, one pair of diamond earrings and one diamond bracelet.

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When confronted, Away yielded pawnshop receipts for some of the items.

Of the total $81,100 stolen, $61,100 could no longer be retrieved. This amount was made up of the $3,100 cash which remained unpaid, plus $58,000 worth of jewelry that could no longer be retrieved because their receipts were lost or their terms had expired and were thus sold on auction, the complaint said.

Away’s defense lawyer said she had no means to pay them back.

In mitigation, the lawyer said Away was remorseful and wanted to apologize to her employer.

She said the Filipina fell deep in debt after her house in the Philippine burned down and she had it rebuilt with borrowed money.

She soon failed to repay her loans on time, resulting in even her employer receiving calls from collectors.

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DMW confirms it has filed illegal recruitment, estafa charges against Mabatid

 

Dollete's letter to Labatt Mel Dizon confirming filing of charges against Mabatid

An official of the Department of Migrant Workers has confirmed to Labor Attache Melchor Dizon that various cases of illegal recruitment and estafa have been filed against PinoyCare Visa Center, its chief executive officer Prisca Nina Mabatid and “her cohorts.”

In a letter dated March 22 and forwarded to 13 overseas Filipino workers who were the first to file complaints against Mabatid, Atty. Eric D. Dollete of the Migrant Workers Protection Bureau said the cases filed all covered complaints filed within the Philippines.

In the case of the Hong Kong complainants, Dollete said the matter has been referred to the National Bureau of Investigation “for case build-up and investigation.”

TAWAG NA!

Despite this, Dollete suggested that the cases be pursued in Hong Kong as well, as the crimes alleged transpired in this jurisdiction.

Edwina Antonio, case officer of the Mission for Migrant Workers which is assisting the Hong Kong complainants, recently said that the Hong Kong Police is still actively pursuing the case of fraud against Mabatid, her partner Russ Mark Gamallo and OFW blogger Bryan Calagui.

The Immigration Department is said to be looking as well into the complaint of illegal work against Mabatid and her group as they came to Hong Kong to sell their student visa scheme to Canada while on a tourist visa.

In the case of Calagui, Immigration has twice summoned him on suspicion of violating his visa conditions as he actively promoted Mabatid’s recruitment sessions twice last year- first, in February and the second, in November 2022.

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As a foreign domestic helper, he is precluded under the law from taking up any work, paid or unpaid, without permission from the Immigration Director.

At least 26 Filipinos have stepped forward to accuse Mabatid and her group of illegally collecting about P132,000 from each of them, in the guise of offering them student visas  to Canada which she claimed, would allow the applicants to work five times a week and attend classes only twice a week.

Videos taken of the orientation sessions show Mabatid promising them a processing time of only three months, and assuring them that she would lend them P1 million each as “settlement fund” which they could present to Canadian authorities during the visa application process.

It was only after they had paid the processing fee in full that the complainants said they realized they had been duped after they were given the run-around by people working for Mabatid and two companies she controlled, PCVC and Opportunities Abroad.

The Senate Committee for Migrant Workers headed by Senator Raffy Tulfo has initiated an inquiry into the complaints, after more than 150 other Filipinos claiming to have been similarly duped by Mabatid and her group, have sought help from Migrante International, which in turn referred the cases to the DMW and the NBI.

An NBI agent told the Senate committee that they had already filed a number of cases of large-scale illegal recruitment and syndicated estafa against Mabatid, but has yet to provide an update on this.

The Committee secretariat said it will  resume its investigation of the case against Mabatid and PCVC after the plenary break.

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Pinay, 71, avoids jail for submitting fake job contract to get visa

Case was heard at Shatin court

A 71-year-old Filipina domestic worker avoided jail today, Monday, after being convicted in Shatin Court of conspiracy to defraud the Immigration Director for entering into two fake employment contracts that enabled her to get an employment visa.

Acting Principal Magistrate Amy Chan acknowledged the appeal of Virginia Jovilla’s lawyer for a lenient sentence in recognition of a clean record in her 40 years’ service to a number of families and her contributions to Hong Kong society.

Magistrate Chan, after consulting the prosecution about the punishment in a similar case in the past, chose a starting point of six months in prison for each of the two charges, which became four months after deducting the one-third discount because of her guilty plea.

TAWAG NA!

Not only did Chan make the two jail terms run at the same time, she also suspended them for three years. 

“You will not go to jail today,” she told Jovilla, “but if you reoffend during the next three years, you will have to serve the three months.”

Earlier, Magistrate Chan was also assured by the prosecutor that Jovilla will be deported upon conviction.

The case arose after Jovilla presented to the Immigration Department two fake employment contracts during the two times she applied for her working visa, with the help of agents Liu Chung Hang and Kathleen Emily Vizcarra.

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The first fake contract, with a certain Kung Yue Che and processed between January 2022 and March 4, 2022, “induced the said Director and his officers to act contrary to their public duty… under circumstances which they would not otherwise have granted,” the charge said.

The second fake contract, with a certain Lee Wai Kong, was processed between March 2022 and Jan. 31, 2023, and also resulted in a visa being issued to her.

Jovilla’s lawyer, in mitigation, said what she did was out of character.

Her last legitimate employer, for example, let her go after she worked for them for 10 years, because they were emigrating from Hong Kong.

Jovilla entered into the fake contracts because at her age, it was difficult to get a proper employer, and she was desperate to remain in Hong Kong because she had to support four older siblings in the Philippines who all had health problems, the lawyer added.

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