Mandatory reporting of child abuse by professionals passed into law

 

Sexual abuse of children ranks high in the number of cases reported each year

Hong Kong lawmakers have passed a new law requiring members of 25 professions, including doctors and teachers, to report suspected child abuse or be prosecuted and face a fine of up to $50,000 and a maximum jail term of three months.

The Mandatory Reporting of Child Abuse Bill was passed by the Legislative Council after its second and third readings earlier today.

The bill was introduced last year following a sharp rise in the number of reported child abuse cases compared with 2022. For the entire 2023, the Social Welfare Department logged a total of 1,457 newly registered child protection cases, or those involving childred aged 18 and below, who were maltreated or were at risk of mistreatment. 

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Seventy-nine lawmakers voted in favour of the new law, with no opposing votes and one abstention.

“The passage of this legislation has marked an important step for us to expand our child protection net, as we will have more than 100,000 professionals working with us to protect our children,” Secretary for Labour and Welfare Chris Sun said.

Sun said the bill would come into effect 18 months after its publication in the Official Gazette.

He said the government would make use of the interim period to provide training to the affected medical and health care professionals who are required to make mandatory reporting under the law.

 “We're also at the same time putting in place additional facilities and homes to cater for the increasing cases of reporting. And also, we're going to step up our efforts in terms of promotion and publicity, and make sure that we all work together for the welfare and betterment of our children.”

Among those required to report suspected child abuse cases are social workers, child care workers or supervisors, superintendents of residential child care service units, teachers, wardens of boarding schools, nurses, doctors, dentists, dental hygienists, Chinese medicine practitioners, occupational therapists, medical laboratory technicians, radiographers, optometrists, pharmacists, midwives, chiropractors, speech therapists, audiologists, dietitians and clinical and educational psychologists.

Domestic workers are not included, but like any other member of the public who are privy to an abuse being committed, are enjoined to report any such cases to the Social Welfare Department by calling its hotline, 2343 2255, or the police.    

Among the acts or omissions constituting child abuse that should be reported are the following: 1) inflicting injury on the child by violent means; 2) forcing or enticing the child to take part in any sexual activity, (3) intimidating, terrifying or denigrating the child in a severe manner of repetitively such that the child’s psychological health is endangered or impaired, and (4) severely or repeatedly neglecting the child’s basic needs to the detriment of the child’s health and development

The penalty mechanism also applies to those who inhibit or obstruct the reporting process, or disclose the identity of the professionals who made reports.

During the Legco debate, legislator Michael Tien proposed raising the maximum sentence of violators from three months to one year, saying the current legislation has little deterrent effect.

However his fellow legislators warned  harsher penalty could lead to false or excessive reporting out of fear of breaching the law.

Sun agreed, saying the penalty level is at part with other mandatory reporting laws such as those in cases involving drug trafficking, terrorism and organized crime.

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8 food delivery riders arrested for alleged illegal work

 

One of the arrested riders is taken away, along with his bike

Eight food delivery couriers were among 11 people arrested in a series of anti-illegal work operations carried out by Immigration and Labour task force officers for three consecutive days starting on Monday until earlier today, Wednesday.

An Immigration press release did not provide details about the riders, said to be aged between 20 and 45, but some news reports said five of them are Bangladeshis and three are Indians. All are non-refoulement claimants which prohibit them from taking up work, paid or unpaid, in Hong Kong.

In addition, three of them were suspected of using electric bikes for deliveries, which is in violation of traffic regulations. Immigration said it will refer the cases to relevant authorities for further investigation.

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Also arrested were three local residents, one man and two women aged 19 to 45, who are suspected of selling or renting out their food delivery courier accounts to the illegal workers.

They were arrested on suspicion of conspiracy to defraud delivery platforms and of aiding and abetting the illegal workers.

Investigations reportedly revealed that the three suspected abettors had been renting out their courier accounts for up to nine months, at around $3,000 per month.

One of the 3 residents who allegedly rented out their courier accounts to the riders

Immigration said that while delivery platforms require deliverymen to register using their Hong Kong identity cars, the verification process has not been strict enough.

Since January this year Immigration has arrested 13 illegal workers in the delivery sector, all of them South Asian, as a result of multiple enforcement actions.

As a result, government enforcers urged three delivery platforms to strengthen identity verification measures by adopting facial recognition systems and multi-factor authentication.

Immigration warned that anyone found working illegally can be fined up to $50,000 and jailed a maximum of two years. The jail term rises to three years if the offender is an illegal immigrant, is subject to a removal or deportation order, or an overstayer.

Aiders and abettors are also liable to arrest and prosecution. 

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2 more DHs face trial for money laundering

 

Kwun Tong Law Courts Building

Two domestic helpers whose bank accounts were allegedly used to deposit money raised from crime, which then became “clean” when withdrawn, are headed for trial at Kwun Tong court after they reaffirmed their not-guilty plea in separate hearings today.

Josephine Calabroso, 58 years old, pleaded not guilty to dealing with property known or believed to represent proceeds of indictable offense, otherwise known as money laundering and a violation of the Organized and Serious Crimes Ordinance.

The charge arose from the deposits and withdrawals totalling $1,025,366.26 that were made in her HSBC account between Aug. 25 and Nov. 30, 2020.

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Chief Magistrate So Wai-tak scheduled a pre-trial review for Sept. 3.

He released Calabroso on bail of $3,000.

Ma. Angie Nequinto, aged 53, had her own pre-trial review today, with the prosecution saying they plan to rely mostly on the agreed facts to seek her conviction while her defense lawyer said their plan boils down to explaining these facts.

The charge arose from the inflow and outflow of $868,704.52 in her Hang Seng Bank account between Sept. 23 and Dec. 28, 2019.

The police complaint charged that she did the offense with the assistance of a female only identified as Zeny.

Magistrate So scheduled a one-day trial fr Sept. 23.

He released her on bail of $1,500.

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Filipino fleeing creditor fails to get review of asylum rejection

 

The decision was handed down at the High Court (Google Maps photo)

A Filipino who fled to Hong Kong to escape a creditor he did not pay back in the Philippines and then overstayed from Feb. 28, 2015, has failed to convince the High Court to review the disapproval of his application for protection against forced return to the Philippines.

“The Court will not usurp the fact-finding power vested in the Director (of Immigration) and the (Torture Claims Appeal) Board,” according to the Court of First Instance decision ordered by Deputy High Court Judge K.W. Lung and released today.

Joel Juniller, 49 years old, claimed that he was a street vendor when he met a woman who convinced him to open a store with her as his partner. She introduced him to a creditor who lent him cash to start with.

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After he turned over the loan proceeds to his partner, she disappeared. Unable to pay and back on the street, he was approached by the creditor and a man who pointed a gun at his neck and warned that he would be killed if he did not pay in three months.

Juniller said he fled in fear to Singapore, Malaysia, Indonesia and Thailand, before ending up as a visitor in Hong Kong on Feb. 26, 2015 and was given four days to stay. Having overstayed, he surrendered to the Immigration Department on March 11, 2015 and made a non-refoulement claim the same day.  

The Immigration director rejected his application three years later, on March 19, 2018, saying that his reason for applying for asylum does not meet the requirements of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

He appealed to the Board but it affirmed, without holding a hearing, the earlier decision and described his case as “purely a private money dispute with no state involvement.”

Appealing to the CFI, Juniller said the rulings should be reviewed because he was not given a hearing by the Board nor was he advised to submit written submissions, and that the “lack of credible source of information has resulted in them making groundless speculations that it is safe for him to return back to his country.”

But the court decision, signed by M.O. Wong for the High Court registrar, asserted: “The Board was entitled to make such finding.”

It also noted that the court itself granted his request for a hearing, but Juniller did not show up on the hearing date of May 6, 2014.

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IBP lawyers return to HK

 

Poster for the free legal consultation

For the first time since the pandemic, a team of lawyers from the Integrated Bar of the Philippines will hold a free legal consultation with Filipinos in Hong Kong this coming Sunday, July 14, from 9am to 12 noon.

Six lawyers from IBP-Makati will provide one-on-one consultation to 100 clients on a first come-first served basis. No prior booking is necessary. Those who need to consult will have to drop in at the venue as early as possible.

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The meetings will be held in Room 2902, the training room of the Migrant Workers’ Office on the 29^th floor of United Centre Building in Admiralty.

‘Idulog Mo Kay Atorni’, formerly known as ‘Idulog Mo sa IBP,” is a yearly legal clinic project of the Philippine Consulate General and IBP that was halted during the Covid-19 pandemic.

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Doraemon Drone Show back on July 20

 

The first Doraemon show was such a big hit that a restaging has been set

Close on the heels of the highly successful staging of the first Doraemon Drone Show in Hong Kong last May, the organizers, All Rights Reserved and Fujiko Pro, has announced that the light spectacle will be held again.

According to the group, the second show will be staged by the harbour in Tsim Sha Tsui East on at 7:30pm on July 20, weather permitting. The best way to get there is to take the East TST line and get out of exit J2.

This time around, the 1,000 drones used for the show will be formed into a variety of classic Doraemon scenes and shapes.

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Anticipating another surge of visitors like what happened in the first show, part of Avenue of the Stars where it was originally held, will be transformed into different free outdoor exhibition areas, and there will be one-way crowd control. Thus, the second show will be moved closer to the tourist path.

Other details will be announced closer to the event, and will depend on the expected weather for the day.

Ahead of the second drone show, a special touring exhibition, “100% Doraemon & Friends” will be launched on July 13. This will include the world’s tallest 12-meter Doraemon inflatable sculpture, along with an exhibition area that will be open to the public.

But to enter, one needs to make reservation online starting on Tuesday, July 9 as there will be no queuing for on-site admission.

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DH who falsified reason for termination gets 7-month jail

The accused was sentenced to 3 months in jail after refusing to implicate her agent 

Domestic helper Cherryl Danipog preferred not to implicate the employment agent who told her to change the reason for terminating her previous contract, an offence she has pleaded guilty to, rather than get a discount on her penalty.

So aside from the one-third discount she was entitled to for pleading guilty , Danipog did not get any more reductions on her punisment for two charges – making a false statement to gain an entry permit, and possessing a false instrument – and was sentenced last July 3 at Shatin Court to seven months in prison.

The sentencing had been put off because Danipog promised to testify against the agent who told her to change the cause of her original resignation to “husband will go in Brazil”, which she wrote on her application for permit to enter HK.  

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Her cooperation could have helped reduce her sentence, but the prosecutor said she refused to testify.

Acting Principal Magistrate Amy Chan sentenced her to nine months in prison for the first charge sand six months for the second. Because she pleaded  guilty in a hearing last June 5, the sentences were reduced to six and four months.

Based on the totality principle by which the two related offenses were weighed, she then ordered that the first three months of the second penalty overlap the first, resulting in a total of seven months.

Last June 5, Danipog admitted that she answered “husband will go in Brazil” when asked in the application form for entry permit, for her reason for termination.

She was prosecuted for giving the answer “knowing the same to be false or not believing the same to be true….”, which is a violation of the Immigration Ordinance,

The second charge – possessing a false instrument, a violation of the Crimes Ordinance – arose from having in her possession a notification of termination of an employment contract signed last Jan. 24, “which was false and which (she) knew or believed to be false.”

Since she had been detained since her arrest, Danipog was returned to jail to serve the rest of her sentence.

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Free exhibit on life and work of Anita Mui has 300,000th visitor

 

Anita Mui's iconic white gown which she wore at a concert

The ongoing exhibit at Heritage Museum featuring the life and times of Hong Kong superstar Anita Mui had its 300,000^th visitor on Friday, July 5.

In honor of the occasion, Secretary for Culture, Sports and Tourism Kevin Yeung, and prominent fashion and image designer and Mui’s close friend Eddie Lau, visited the museum to present a special gift pack to the landmark visitor, Miss Wong.

The souvenir pack included an exhibition poster autographed by Lau, a souvenir designed by him, an exhibition postcard, souvenirs of the "Hong Kong Pop 60+" exhibition, and two complimentary tickets of the "ART!ON POP" concert.

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The lucky recipient is said to come from a family of museum lovers and holds passes for museums run by the Leisure and Cultural Services Department.

Before visiting HKHM in Shatin, Miss Wong’s family also visited the Hong Kong Museum of History and Hong Kong Science Museum located in Tsim Sha Tsui.

Miss Wong said she loved Mui’s unique voice, singing skills and her movie "Wu Yen". Miss Wong was also deeply impressed by the costumes on display at the Timeless Diva: Anita Mui" exhibition especially the white wedding gown worn by Mui at her last concert in 2003.

The exhibition showcases 70 sets of precious items relating to the late diva, including Lau’s generous donation, including two iconic costumes she wore for a concert and another for an awards rites; trophies she won in music and films, and autographed vinyl records.

Videos of Mui's ever-changing images in music and movies are also featured at the exhibition.

Visitors may be able to listen to Mui's radio interviews while visiting the show

Visitors can scan the QR codes in the gallery to listen to Mui's radio interviews in the 1980s and 1990s to understand her thoughts and stories since her debut as a singer.

The public may enter for free at the exhibition which will run until September 2.

For details of the exhibition, please visit

https://hk.heritage.museum/en/web/hm/exhibitions/data/exid262.html

Apart from the Mui showcase the HKHM also includes as part of its permanent exhibition "Hong Kong Pop 60+", various stage costumes and personal items of a number of the city’s superstars, including Leslie Cheung and Wong Ka-kui.

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A new exhibition "A Laugh at the World: James Wong" will also be launched by the HKHM starting on July 17. The 140 or so exhibition pieces will include museum collections and loan exhibits, and aims to  show Wong's contributions to music, film, television, advertising, literature and more.

It will also demonstrate the cultural integration of his works, as well as how he translated traditional contents into contemporary pop culture creations.

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Lying to Immigration results in 4-month imprisonment

 

The case was tried at Shatin Court

Lying to an Immigration officer to be able to get a domestc helper visa brought a four-month imprisonment to a Filipina after she pleaded guilty to the offense at Shatin Court.

Marilou Gumtang, 42 years old, was charged with violation of Section 42 (1)(a) of the Immigration Ordinance which penalizes “making a false representation to a “Immigration Officers lawfully acting under or in the execution of Part III of the Immigration Ordinance.”

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In a hearing Friday (July 5), she admitted to the charge that she lied to an Immigration officer processing her application for extension of stay that she was employed as a domestic helper by a named employer.

Magistrate Andrew Mok chose a starting point of six months imprisonment, but because Gumtang was entitled to a one-third discount for pleading guilty, her final penalty was four months in jail.

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In the same hearing, another Filipina was jailed by Magistrate Mok for 26 weeks after she pleaded guilty to overstaying.

Helen Reyes, 41 and an asylum seeker, admitted the Immigration Department’s charge that she was supposed to have left on Nov. 2016 but stayed on until Dec. 6, 2023.

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Filipino under arrest for missing sentencing

 

MTR's HKU station

A Filipino scheduled to be sentenced for possession of a dangerous drug and paraphernalia to use it, has put himself into more trouble when he did not show up at a hearing at Eastern Court Friday (July 5)).

James Tobby Nunag, 29 years old, now faces arrest without possibility of bail, and his bail of $500 has been ordered confiscated by Magistrate Minnie Wat.

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A prosecutor said inquiries indicated that he was in Macau.

Last May 24, Nunag  pleaded guilty to possession of 0.24 gram of shabu and a glass apparatus used for inhaling the drug.

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Nunag was found in possession of these articles during a routine patrol by police, who noticed his suspicious movements at Exit B of the HK University MTR station.

Magistrate Wat scheduled the sentencing for June 6 pending a probationary officer’s report and urine test results that she ordered.

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Mabatid case tops list of OFW concerns relayed to DMW in online meet

 

Secretary Cacdac promised a regular meeting with HK complainants on the Mabatid case 

The long wait for the Department of Migrant Workers to endorse the filing of charges against a former Cebu politician who is accused of illegal recruitment and fraud by some 20 Filipino migrant workers in Hong Kong dominated the town hall meeting hosted by Secretary Hans Cacdac early on Saturday, July 6.

Secretary Cacdac opened the talks with Filipino community leaders by disclosing recent moves by the DMW to look into other possible destination countries for overseas Filipino workers, and efforts to help them secure their incomes through sound fiscal management and safe investments.

He also said the DMW is looking closely at recruitment costs, particularly the no-placement fee policy for domestic workers in places like Hong Kong, and the corollary problems with debts.

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But it was the case filed by the migrant workers against Prisca Nina Mabatid, her partner Russ Mark Gamallo and OFW blogger Bryan Calagui that became the center of discussion during the two-hour meeting, with no less than four community leaders asking the DMW for updates on their investigation.

Esther Bangcawayan, a case officer at the church-based Mission for Migrant Workers which is helping the complainants pursue the case, asked Cacdac why the Hong Kong cases have yet to be forwarded to the DOJ, despite them having been filed more than a year ago.

Cacdac responded that there was no question that the DMW was with the complainants in pursuing the case against Mabatid and company, but the ball is now in the DOJ’s court, as they will be the ones who will decide on whether charges ought to be filed in court.

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Assistant Secretary Francis Ron de Guzman told the meeting that most of the related cases referred to them had been filed with prosecutors, and the complainants had been given counseling and legal assistance.

Among the cases already pending are those filed directly with the fiscal’s office in Laguna and Cebu, while the biggest bunch of cases are already under review by the DOJ.

However, he had no ready answer as to why the complaints from Hong Kong have not been forwarded to the prosecutors when they were filed much earlier than the others.

But he agreed with the suggestion that the Senate Committee for Migrant Workers which has already held three hearings on the charges against Mabatid, should continue its inquiry. De Guzman revealed DMW staff and officers have also received threats of lawsuits being filed against them because of their decision to recommend the filing of charges against Mabatid and her co-accused.

Cacdac said that a separate meeting or caucus focusing solely on the Mabatid case will be formed so the more general concerns of the Filcom in Hong Kong could be pursued during the town-hall discussions.

Mabatid, Gamallo and Calagui are accused of collecting P132,000 from each of the complainants in the guise of helping them obtain student visas in Canada which they could use to secure jobs that would pay for all their expenses once they get there.

Mabatid also allegedly promised to lend them Php1 million each as “show money” in applying for the student visa, which would be processed in just three months. But after they paid the processing fee in full, the complainants said they were sent a long list of requirements that were impossible to fulfill. When they tried to get their money back, they were threatened with lawsuits.

Online shot of some of the participants with Sec Cacdac

The other issue that sparked some heated remarks was the plan to set up an Overseas Workers Welfare Administration center in Hong Kong, which administrator Arnell Ignacio revealed during his visit to Hong Kong last month.

At the time, Ignacio said he was seriously considering renting an entire floor in the United Centre Building in Admiralty, which comes with a price tag of HK$8 million a year.

Dolores Balladares, chairperson of United Filipinos in Hong Kong, described Ignacio’s plan as “bulagsak,” or profligate, and questioned why the funds meant to provide welfare assistance to OFWs were being spent in such manner.

Others like Shiela Tebia of Gabriela HK questioned why OWWA did not consult OFWs first before embarking on such an expensive project.

In response, welfare officer Marilou Sumalinog said the money for the center will not come from OWWA’s coffers but from the government’s general appropriations fund. She also said the planned center has received widespread support from the community

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