Immigration arrests 9 persons in latest anti-illegal work operations

 

Immigration agents leading away 2 of the suspected illegal workers

Nine people, including eight suspected illegal worker and one employer, were arrested in the latest anti-illegal work operation of the Immigration Department conducted over four consecutive days, from May 20 to 23.

In a series of raids on 165 target establishments including massage parlours, premises under renovation and restaurants, seven suspected illegal workers and one suspected employer were arrested.

The suspected illegal workers comprised four men and three women, aged 31 to 52. One woman, aged 47, who was suspected of employing the illegal workers, was also arrested.

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In a separate sweep of  15 business establishments in Central, one 62-year-old woman suspected of being an illegal worker, was arrested.

Immigration again warned that anyone who takes up work, whether paid or unpaid, without the permission of the Director of Immigration, commits an offence, and could face a maximum fine of $50,000 and up to two years' imprisonment.

Aiders and abettors are liable for the same offence and could face the same penalties.

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An illegal immigrant, overstayer or someone who is the subject of a removal order or a deportation order, who undertakes illegal work, could be jailed for up to three years and fined a maximum of $50,000.

Employers face up to 10 years in jail and a maximum fine of $500,000.

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Filipino charged with assaulting, intimidating wife walks free

 

The charges were dropped after the accused agreed to be bound over

A Filipino has walked free at Eastern Court after criminal cases of hurting his wife and threatening her with a knife were dropped as a result of a bind-over agreement.

B. Villanueva, 51, agreed to be bound over for two years, during which he promised not to commit any act of violence, or else he would be fined $2,000.

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He was originally charged with one count of assault occasioning bodily harm for allegedly hurting his wife, B. Acosta, in the flat they shared on Fook Gay Mansion on Lockhart Road in Wan Chai on Jan 6.

Further police investigation resulted in a criminal intimidation charge being added to his case.

In a hearing last May 22, the prosecution dropped both charges and Magistrate Stephanie Chui ordered the confiscation of the knife used as evidence against him.

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In a hearing last Jan 10, Vilanueva was told by Magistrate Ivy Chui to stay away from the Wan Chai flat where the alleged incident happened, and he must give another address to the court as part of conditions for his $500 bail.

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26 months in jail for illegal worker & 24 months for employer

The 2 men were among 20 persons arrested in anti-illegal work raids in December 2023

A Pakistani asylum seeker found to have obtained illegal work by using someone else’s HK ID card was ordered jailed for 26 months and 14 days by a Shatin court on Monday, May 21.

At the same time, a local resident who employed him was ordered imprisoned for 24 months and 14 days.

According to a statement issued by the Immigration Department, the unnamed Pakistani male aged 50 who held a recognizance form as a non-refoulement claimant was arrested on Dec. 13 last year during an anti-illegal work operation, as he was doing odd jobs in Tuen Mun.

While checking his identity, immigration officers found that he was in possession of a Hong Kong identity card relating to another person, which he also used to obtain illegal employment.

An additional charge of making false representation to Immigration officers was also filed against him as a result.

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The illegal worker was charged in court with one count of taking employment while subject to a removal order or deportation order; one count of using and being in possession of a Hong Kong identity card relating to another person, and one count of making false representation to Immigration officers.

He pleaded not guilty to the charges but was convicted after trial.

Meanwhile, a local man aged 48 was also arrested for employing the illegal worker. He was also suspected of transferring an identity card to another person without reasonable excuse.

The Hong Kong resident pleaded not guilty but was convicted after trial of having employed an illegal worker as he did not take all practicable steps to determine if the applicant was lawfully employable.

He was also found guilty of transferring an identity card to another person without reasonable excuse.

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Immigration again warned that under section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business.

Offenders can be fined up to $50,000 and jailed for up to three years. The Court of Appeal has ruled that a sentence of 15 months' imprisonment should be applied in such cases.

Using or possessing a HKID card belonging to another or using one that was forged could result in the offender being jailed for up to 10 years in jail and fined a maximum of $100,000.

The same penalty applies to one who caused the transfer of an identity card to another person.

False representation to an immigration officer carries with it a more severe penalty of up to 14 years imprisonment and $150,000 fine.

Employers of illegal workers face up to three years in prison and a maximum fine of $500,000. The sentencing guidelines also provide for the immediate custodial sentence for a convicted employer.

The guidelines also mandate the employers to take all practicable steps to ensure the worker is  is lawfully employable prior to employment, including checking the job seeker’s travel document if he/she does not have a permanent HKID.  

Failure to do so will not be accepted as a defense in criminal proceedings, and the offender can be jailed for up to a year and fined $150,000.

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11 overstayers and 4 illegal immigrants arrested in flat raid

The overstayers and illegal immigrants from the mainland are led away by Immigration agents

Immigration officers uncovered what appeared to be a safehouse for a number of illegal workers from mainland China during an afternoon raid on a residential flat in Yau Ma Tei.

According to a statement released by the Immigration Department on Wednesday, 11 overstayers and four illegal immigrants were arrested during the anti-illegal work operation.

Seventeen forged Hong Kong identity cards were also unearthed inside the flat, and during a preliminary investigation, it was found out that the ID cards were used by some of the people arrested in taking up illegal work.

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Immigration said an investigation on those managing the premises was ongoing, and that more arrests may be made.

The arrested overstayers comprised three men and eight women, aged 30 to 57, while the illegal immigrants comprised one man and three women, aged 28 to 61.

Among them, nine people – two men and seven women – were suspected of using the forged ID cards to obtain jobs.

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According to other media reports, the arrested illegal workers were paid up to twice the city’s legal minimum wage of $40 an hour for taking up odd jobs such as cleaners and dishwashers.

They were kept in the 500-square-foot subdivided flat on Reclamation Street which had four rooms, each with one of two bunk beds.

Immigration again warned that those who undertake illegal work face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors could be prosecuted and meted the same penalty.

Overstayers and illegal immigrants who take up work, whether paid or unpaid, or join in any business may be imprisoned for up to three years and fined up to $50,000.

Possessing a forged HK ID card or one belonging to another person can be jailed for up to 10 years and face a maximum fine of $100,000.

Employers of illegal workers are penalized more severely, with the fine going up to $500,000 and up to 10 years’ imprisonment.

All those engaged in illegal work are often meted an immediate custodial sentence.

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PCG warns of fake letter using its name and letterhead

 

The Consulate advisory about the fake letter

The Philippine Consulate General has posted a warning on its Facebook page about a letter using its letterhead being sent to Filipino domestic workers supposedly informing them about complaints made against them because of unpaid loans.

The letter urges the worker to “initiate a mediation” with the money lender or debt collector to come up with a mutually acceptable settlement of the loan.

If the worker wanted to dispute the loan, he or she could ask the Consulate to initiate an investigation., said the letter.

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However, this came with a warning that if the result of the investigation showed that the worker had committed a misconduct that caused the employer to be harassed, the employer could terminate the contract without paying compensation.

The letter further warned of “penalties and compensation”, including being blacklisted and prevented from working in Hong Kong again if the worker was found to have committed a misconduct that caused the employer being harassed.

Page 1 of the fake letter

In distancing itself from the letter, the PCG said it does not intervene on behalf of employers, money lending companies or individuals to recover a loan.

It urged anyone who receives the said letter to immediately inform the assistance to nationals section of the Consulate.

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“We have reported the case to the Hong Kong police force for investigation,” said the PCG's advisory.

The incident comes amid a rash of complaints from migrant workers who are being harassed by debt collectors for failing to pay their monthly loan repayments on time, even if this was caused by their work contracts being pre-terminated.

Page 2 of the letter with fake PCG letterhead

The collectors warn debtors that Immigration could revoke their employment visa, or reject their application for a new one, if they are reported as having failed to repay a loan.

However, no one gets imprisoned in Hong Kong for non-payment of loan, unless fraud is used to support the loan application, like presenting an expired employment contract.

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Filipina accused of stealing $1M from financing firm

 

Filipina was denied bail at Eastern Court

A Filipina resident failed in her bid to get bail after she appeared at Eastern Court yesterday, accused of stealing more than $1 million over three years from a company she worked for as a cashier.

May Ann Destajo, 36 years old, was accused of stealing $1,068,848 from Pacific Ace Finance Ltd., which is based at Wing On House in Central, from August 2020 to July 2023.

Her lawyer had offered a cash bail of $10,000, along with the promise to report to the Police regularly and not leave Hong Kong while the case is pending, but it was rejected.

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Magistrate Minnie Wat ctited the seriousness of the offense, the breach of trust and the strength of evidence against the defendant in rejecting the bail application.

Destajo was remanded in jail custody until the next hearing on July 17. But she was given another chance to get temporary freedom with a bail review on May 30.

Because of the amount involved, the theft case could be elevated to the District Court.

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DH charged for spending spree on employer’s credit card

 

Two of the purchases were made at Worldwide Plaza (photo from Google Maps)

A Filipina domestic helper was hauled to Eastern Court yesterday for allegedly stealing her employer’s credit card and then using it three times on her day off to dine and shop.

Maria Fe Narcisco, 32 years old, was charged with one count of theft and three counts of obtaining property by deception, in violation of the Theft Ordinance.

Her lawyer offered a bail of $2,000 in cash so she could be released from detention, with the promise to report to police regularly and surrender her passport, but it was was opposted by the prosecutor .

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Magistrate Minnie Wat sided with the prosecutor, saying there were sufficient gounds Narciso would not return to the court if freed on bail, having been terminated by her employer so she has no permanent address where she could be found.

Magistrate Wat also noted that she made an admission under caution during police investigation.

Narciso was thus remanded in jail custody until the next hearing on July 17, but Wat also scheduled a bail review on May 30.

Narciso is accused of stealing a Mastercard credit card issued by Bank of China to her employer, Au Shuk Chi, from the latter’s home in Sunway Garden in North Point last May 18.

She then allegedly used the card the next day, a Sunday, at the KFC restaurant in Shau Kei Wan Road, to pay for a lunch set.

Later that same day, she allegedly used the credit card to buy one gold ring from the Luvenus store in Worldwide Plaza, then proceeded to another store nearby, Friendly Jewelry, and bought another gold ring.

The charge sheet did not specify the amounts involved.

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86-year-old cabbie jailed for a year over Fortress Hill accident

Ngai's taxi was crushed after mowing down the 3 women, then hitting a lamppost on King's Rd

An 86-year-old taxi driver who injured four people, two of them seriously, after running a red light in Fortress Hill in March last year, was jailed for one year yesterday, Tuesday. 

Ngai Choi-nung pleaded guilty to a count of dangerous driving causing grievous bodily harm when he appeared before Deputy District Court Judge David Cheung, who blasted the octogenarian for his reckless and irresponsible driving.

The incident occurred at around 1 pm back on March 5 last year, when the taxi driven by Ngai and carrying a Filipino passenger was running down a slope along Fortress Hill Road and didn’t stop despite the red light at the junction with King’s Road.

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The taxi hit three women - a local Chinese, Indian and Filipina - before finally coming to a halt after ramming a lamp post, leaving it severely crushed.

The two Filipinos – one pedestrian and the passenger – were slightly injured.

However, the two other women, surnamed Singh and Chu, who were initially left in a coma due to their injuries, suffered long-lasting injuries. 

Singh suffered intracranial hemorrhage and fractures to her skull and left femur, while Chu sustained serious head injury and multiple bone fractures.

Both still regularly see specialists in neurology and orthopedics.

Ngai after his sentencing (The Standard photo)

In sentencing, Judge Cheung said that as a professional driver, Ngai had a social duty to ensure the safety of pedestrians as well as passengers. 

The judge rejected the defense’s case that Ngai had misread the traffic lights or accidentally stepped on the gas pedal instead of the brake.

He said the defendant had sufficient time to check the traffic lights and observe road traffic. He also couldn’t explain why he didn’t see the red light.

In addition to the jail term of one year, the judge ordered Ngan’s licence suspended for two years and take a driving improvement course. However, the defense counsel said this was no longer necessary as Ngan had surrendered his license and no longer drives.

Earlier in mitigation, the defense counsel said Ngai had been working as a taxi driver since he retired at age 60 to take care of his sick wife and seven children, and was fined only twice.

His jail term was reduced to 12 months after the judge took note of Ngai’s guilty plea, his age and good background.

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5 Filipinos among passengers of Singapore Airlines that hit 'severe turbulence'

 

Photo supplied by the carrier shows how the plane looked after the severe turbulence

Five Filipinos were among 229 people aboard a Singapore Air flight from London that was diverted to Bangkok yesterday after experiencing “severe turbulence” while on air, leading to the death of one passenger.

A statement issued by the airline late Tuesday said a total of 18 crew and 211 passengers, including five Filipinos, were aboard the stricken airline. 

Singapore Airlines, in a statement late Tuesday, confirmed one passenger had died and 18 other individuals had been hospitalized, but gave no details about their identities or condition.

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"Another 12 were being treated in hospitals. The remaining passengers and crew were being examined and given treatment, where necessary, at Suvarnabhumi International Airport in Bangkok," the airline merely said.

Other reports identified the fatality as 73-year-old British national named Geoffrey Kitchen, who had worked with the Thornbury Musical Theatre Group, and most recently served as its director. 

Mr Kitchen was travelling with his wife when he died on board the Boeing 777-300ER plane, which was forced to make an emergency landing in Bangkok en route to Singapore from London at 3:45 local time on Tuesday.

A spokesman for Bangkok’s Suvarnabhumi Airport has been quoted as saying that the British victim suffered a suspected heart attack on the aircraft. 

He added that seven people are fighting for their lives in hospital, and dozens others were injured.

Here's a video from Reuters taken shortly after the stricken plane landed in Bangkok:  https://youtu.be/nuLY0kIx-ys

"Singapore Airlines offers its deepest condolences to the family of the deceased. We deeply apologise for the traumatic experience that our passengers and crew members suffered on this flight. We are providing all necessary assistance during this difficult time," the airline said.

"We are working with our colleagues and the local authorities in Thailand to provide the necessary assistance. A Singapore Airlines team is on its way to Bangkok to provide any additional assistance needed," it added.

The airline said the flight encountered “sudden extreme turbulence” over Myanmar’s Irrawaddy Basin at 37,000 feet about 10 hours after departure and the pilot declared a medical emergency, with flight tracking data showing the plane plummeted 6,000 feet in about three minutes.

Relatives seeking information may call the Singapore Airlines hotlines at +65 6542 3311 (Singapore), 1800-845-313 (Australia), and 080-0066-8194 (the United Kingdom).

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BSP warns of intervention as peso sinks to 58.28:$1

 

BSP has so far hesitated to prop up the peso 

The Philippine peso dipped in value for the straight day, to close on Tuesday 0.7% lower, to 58.28 to US$1.

The 18-month record low prompted a warning from Bangko Sental ng Pilipinas (Philippine Central Bank) that it would intervene to save the peso from slipping further down.

The local currency shed 37 centavos from Monday’s finish of 57.68:$1. This is the Philippine currency’s worst showing in 18 months since November 8, 2022’s finish of P58.275:$1.

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The drop had a corresponding effect on the peso’s exchange rate with the HK dollar, which is pegged to the greenback. Online currency converters show the peso dropping to 7.45 versus the HK dollar.

The peso reached its all-time low of 59.203 against the USD on Sept 22, 2022.

The peso is now near its all-time low of P58.49 posted on Sept 22, 2022

In an emailed statement to Bloomberg, BSP governor Eli Remolona said authorities will step in “when necessary to smoothen excessive volatility and restore order during periods of stress.”

In a separate statement, Remolona said the peso’s decline was in line with other currencies in the region.

He said the greenback strengthened on recent signals from the US Federal Reserve that it will delay cutting interest rates.

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FDHs, overstayers arrested in anti-illegal work raids

 

Some suspected illegal workers being led to an immigration van in an earlier operation (File)

The Immigration Department arrested seven suspected illegal workers – three of them foreign domestic helpers and three overstayers - in an anti-illegal work raid conducted yesterday, May 20.

In addition, three people suspected to have employed them were arrested.

During the operation, Immigration agents raided more than 10 target locations, including restaurants, a retail store, grocery shops and industrial buildings.

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The suspected illegal workers comprised one man and six women, aged 24 to 49. Apart from the three FDHs and three overstayers, one other person arrested held a recognisance form, which prohibits him from taking up employment.

Three men, aged 37 to 58, were also arrested on suspicion of employing the said illegal workers.

According to Immigration, the suspected illegal workers were hired to do odd jobs, including dishwashing work, food processing and delivery.

"A helper should only perform domestic duties for the employer specified in the contract. The helper should not take up any other employment, including part-time domestic duties, with any other person,” said Immigration.

“The employer should not require or allow the helper to carry out any work for any other person.”

Immigration warned that anyone who violates the condition of their stay commits an offence, and could be jailed for up to two years and face a maximum fine of $50,000.

An overstayer or someone who faces a removal or deportation order (like those on recognizance) faces a more severe penalty of three years’ imprisonment and a maximum fine of $50,000.

Employers of illegal workers could be jailed for up to 10 years and ordered to pay a maximum fine of $500,000. In addition, they face an immediate custodial sentence according to sentencing guidelines laid down by the High Court.

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Filipina to stand trial for illegal work

 

The Filipina will be tried in a Shatin Magistrates' court

A foreign domestic helper is due to be tried in August on a charge of breaching of condition of stay by doing parttime work while supposedly employed by a fellow Filipino.

Jenny S. Guzman, 44 years old, will stand trial on Aug 2 and 5 after pleading not guilty to the illegal work charge. 

Her bail of $500 has been extended at Shatin court after she appeared yesterday, Monday, for the hearing of her case.

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According to the charge, Guzman contravened her condition of stay on Feb. 22 this year by taking odd jobs in Shau Kei Wan while under the employ of Arlan S. Pasco at the address stated in her employment contract, no P376596, which took effect on Dec 28, 2023.

Breach of condition of stay is in violation of Sec 41 of the Immigration Ordinance, Cap 115 of the Laws of Hong Kong.

Offenders face a maximum jail term of two years and fine of up to $50,000.

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DH used expired work contract to obtain $20k loan, court told

 

The accused was arrested when she went to Immigration to renew her employment contract

A Filipina domestic helper was denied bail when she appeared in Eastern Court yesterday, Monday, charged with fraud after allegedly securing a $20,000 loan by submitting an expired employment contract.

Mariel E. Antenor, 32 years old, faces one charge of obtaining pecuniary (monetary) advantage by deception.

Her lawyer said Antenor was offering a $100 bail for her temporary release apart from surrendering her passport and reporting regularly to the police, but the prosecution opposed the motion, and was upheld by Principal Magistrate Ivy Chui.

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However, the magistrate set another hearing on May 28 to review the bail application, and adjourned the case to June 17.

According to the charge, Antenor obtained a $20,000 loan from Prime Credit on Sept. 14, 2022, using her invalid work contract to support her loan application which she submitted to the finance company’s office in Eurotrade Centre in Central.

The alleged act is contrary to sec 18 of the Theft Ordinance, and is punishable by up to 10 years in jail.

In court, the prosecution said that the defendant was arrested when she went to Immigration Ordinance to renew her employment contract which expired on Apr 27 this year. That meant that she was already working with another employer when she obtained the loan using her old contract.

According to the defence lawyer, Antenor said she did not know that it was an offence to use an expired employment contract to support a loan application. She also said she had already repaid the loan in full.

In turn, the prosecution said Antenor had claimed she had been signed up by a new employer, but failed to produce a copy of her new contract.

Magistrate Chui ordered the prosecution to ascertain Antenor’s immigration status and report on their findings at the next hearing.

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