Court junks discrimination, illegal termination case filed on behalf of deceased FDH

 

Joan's photo after being sacked in the wee hours touched the hearts of many

A District Court judge has dismissed a disability discrimination case filed against the employer of a Filipina domestic helper who was terminated shortly after midnight on May 1, 2017, about two months after she was diagnosed with cancer and acute liver failure.

The helper, Joan S. Guting, died in the Philippines in August 2018, and was substituted as plaintiff in the case by her friend, Carla A.Temporosa.

In dismissing the $580,000 suit, District Judge Grace Chow said that while the attitude of employer, Rita Choy, towards Joan was less than welcomed and was even quite hostile on occasions, they were not on account of her disability.

Judge Chow noted that Choy did call Joan names such as “evil spirit” in her family’s group chats, but this happened even before she learned of the helper’s illness. She also pointed out that Choy also used offensive names when referring to her own husband and grown-up son.

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Citing prior judgments, Judge Chow ruled that “simply being mean, making demeaning and abusive remarks or false accusations, or abusive acts, if not connected to the employee’s disability does not constitute harassment.”

Even Joan’s dismissal in the wee hours of the morning while still attached to two drainage bags on account of her kidney ailment did not seem to convince the judge that she had been unfairly treated because of her disability.

The judge accepted Choy's submission that her family had decided to terminate Joan's employment about two weeks before her cancer diagnosis, but did not act on it immediately as the employer and her  husband were due to go away on vacation.

Judge Wong based her conclusion on WhatsApp messages among members of Choy’s family, in which the decision to terminate Joan’s employment was firmed up on February 13, 2017 - before she was diagnosed with cervical cancer, renal failure and deep vein thrombosis on March 5 that year.

This decision was reached after the family agreed that Joan had slackened shortly after her contract was renewed in January that year, and was reinforced when they found the helper taking “sexy” photos in their living room on February 12, prompting them to install CCTV cameras in their living room.

This was contrary to the plaintiff's claim that Choy had done a number of hostile acts after learning of Joan’s illness like not giving her any food, throwing away the pots and pans she had used to cook, not allowing her to use the washing machine and not offering to move her from her upper bunk bed despite her condition.

To bolster the claims, three of her friends including Temporosa were presented as witnesses. They all spoke of how Joan had to be supplied with food on a daily basis because her employers did not feed her or allowed her to cook, and claimed to have been told that Choy had thrown away cooking utensils used by their friend.

But on cross examination, all three witnesses admitted they did not directly witness the acts Joan had complained about. As a result, the judge found their evidence based on mere hearsay and were unreliable.

The judge said she found “not a single contemporaneous record to support Joan’s complaint about lack of food, not being allowed to use the washing machine, not being allowed to cook in the kitchen or a request for alternative sleeping arrangements was made.”

She also rejected the separate claim of unlawful termination on the basis that Joan was sacked while she was on sick leave. 

Choy was in constant touch with staff of the Labour Department and was careful not to violate any law, so it was not likely that she fired the helper rashly, according to Judge Wong.

The judge pointed out that Joan was covered by a sick leave certificate only until April 29, and the next day was her rest day and not sick day, as she even managed to leave the house in the morning.

It did not matter, said the judge, that Joan subsequently obtained a sick leave certificate until May 1, as she was no longer employed by Choy by then.

Contrary to Joan’s claim, the judge said she was not thrown out of the house in her sleepwear, and was forced into signing a document accepting her termination and separation pay.

A video recording of the night in question showed Joan being allowed to change into street clothes and of her not showing any resistance to being asked to leave at the ungodly hour. She was even heard saying, “Thank you, maam,” while packing her stuff with help from Choy's husband and daughter.

No order as to costs was made by the judge.

Joan was represented in the case by Denise Souza, on instructions by Haldanes, while Choy was defended by Chan Yip Hei, as instructed by Joseph M K Chan, Solicitors.

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Another asylum seeker claiming fear of harm in Phl fails to win court support

 

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

A Filipina has failed to convince the High Court to grant a judicial review of the government's decision to reject her claim for asylum, which was based on her alleged fear of harm from a creditor she did not pay, from her husband because she became pregnant with another man, and the police in the Philippines because they might prosecute her for bigamy,

The Court of First Instance issued the ruling last July 11 even after K. Pacurza, 28 years old and a native of  San Nicolas, Pangasinan, withdrew her application for leave to apply for judicial review last May 8.

Pacurza had appealed to the court after her non-refoulement claim was rejected by the Immigration Department and then by Torture Claims Appeal Board.

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“As has been repeatedly emphasized by the Court of Appeal, judicial review does not operate as a rehearing of a non-refoulement claim when the proper occasion for the Applicant to present and articulate his claim is in the screening process and interview before the Immigration Department and in the process before the Board,” according to the decision ordered by Deputy High Court Judge Bruno Chan.

“…the court will not usurp their role as primary decision makers in the absence of any legal error or procedural unfairness or irrationality in their decisions being clearly and properly identified by the Applicant,” it added.

Pacurza arrived in Hong Kong to work as a domestic helper in April 2019, leaving behind a debt for which she said she remitted payments to her husband, who instead spent the money on himself.

TAWAG NA!

After she was terminated in March 2021, she did not go back to the Philippines after the required 14 days and overstayed for fear of the creditor and of her husband, because she was by then pregnant by another man.

She surrendered to Immigration on Jan 27, 2020 and subsequently filed her non-refoulement claim for protection against forced return to the Philippines.

Immigration rejected her application on Oct. 13, 2022 because her reasons did not meet the requirements of the 1951 international convention on the status of refugees, and that the risk she claimed she faced were just her own speculation.

Besides, she could move to another part of the Philippines to avoid these threats, and be lost among its population of 114 million spread over a vast territory.

She appealed the Board, which heard her side on May 15, 2023.

The Board affirmed the earlier ruling after a month.

It rejected her appeal also because it did not see a risk of harm from the creditor from whom she received no threat, from her husband because he himself had his own affairs with other women, and from Philippine authorities because she did not commit bigamy as she was not married to her man in Hong Kong.

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New taxi fares take effect today, July 14

 

Higher fares will be charged by all taxis across Hong Kong

Taxi fares for all routes across Hong Kong take effect today, July 14.

The flagfall charge for urban (red) taxis will rise to $29 from $27, while it will be $25.50 for New Territories or green taxics, and $24 for Lantu or blue taxis.

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The fare will go up after the first two kilometers by increments of $2.10 for the next 200 kilometers for urban taxis, and $1.90 for NT and Lantau taxis, depending on the distance traveled.

The schedule for the new fares is as follows:

 

Fare (HK$)	Urban Taxi (Red)	NT Taxi (Green)	Lantau Taxi (Blue)
Flagfall charge For the first two kilometres or any part thereof	$29	$25.5	$24
Incremental charge For every subsequent 200 metres or any part thereof, or for every waiting period of one minute or any part thereof	(Below $102.5) $2.1 per jump	(Below $82.5) $1.9 per jump	(Below $195) $1.9 per jump
	($102.5 or above) $1.4 per jump	($82.5 or above) $1.4 per jump	($195 or above) $1.6 per jump

 

The additional charge for every piece of baggage carried (except light personal hand baggage carried inside the passenger compartment remains at $6 and $5 for every animal or bird carried along as well as for every hiring arranged through telephone.

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The fare charged will have to be based on the taxi meter. If their fare meters have not been adjusted yet, the taxi driver should display the fare conversion tables issued by the Transport Department. If receipts are issued, they must bear the fare paid based on the new charges.

Details on the new taxi fares are available on the TD's website (www.td.gov.hk/en/transport_in_hong_kong/public_transport/taxi/taxi_fare_of_hong_kong/index.html)

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FDH caught cleaning shop gets 2 months’ jail

 

Place where Filipina was arrested (Google Maps photo)

A domestic helper arrested while performing cleaning duties at a shop in a building near the ferry pier of Mui Wo, was jailed for two months after pleading guilty on Friday (July 12) to breaching her condition of stay.

As a result of her guilty plea, Miriam Carbonel, 55 years old, Shatin Court will no longer need to hold a hearing previously scheduled for her case for Aug. 5. 

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Under the condition of stay for domestic helpers, Carbonel was allowed only to work as a domestic worker for her employer at his address, as specified in their contract which was approved by the Immigration Department.

But the Immigration complaint said that she “did perform cleaning duties at Shop 8, Silver Centre Bldg., 1 Ferry Pier Road, Mui Wo, other than approved by the Director of Immigration.”

 

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This, it added, was a violation of Section 1 of the Immigration Ordinance and Regulation 2 of the Immigration Regulations. 

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Macau policewoman and boyfriend arrested over death of FDH

Macau police lead suspects away (Macau Daily Times photo)

Macau police have disclosed the arrest of a female police officer and her boyfriend, for allegedly detaining their foreign domestic helper and tormenting her for hours, forcing her to jump from a bathroom window on April 29.

A report in the Macau Daily Times earlier Friday, July 12, said the 36-year-old policewoman and her 34-year-old boyfriend who works as a tour guide, were being held on charges of unlawful detention, grave coercion and improper confiscation of documents.

Police investigators said the officer has been suspended from duty and a criminal investigation and disciplinary procedures have been initiated.

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The police said the incident which took place in the Areia Preta area started when the couple suspected that their helper had stolen MOP60,000 in red packets from them. When the helper returned home, the two interrogated her from 11pm to 2am the next day.

Under hours of relentless questioning the helper admitted the alleged theft. The couple then confiscated the helper’s passport and mobile phone to prevent her from leaving. They also tied up her hands with transparent tape and resumed their interrogation for three more hours, demanding she tell them how to solve the issue.

The victim managed to take refuge in the bathroom where she attempted to cut herself free with scissors but she was restrained.

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At around 8am, the maid once again fled to the bathroom, locked the door and jumped off the window.

A forensic examination did not find any signs of assault on the deceased, and the couple told investigators the maid had jumped to her death after her theft of the $60,000 in lai see money was uncovered.

But further investigation revealed what had really taken place before the helper jumped to her death.

The chief investigator said at a news conference that the hours of interrogation and other means used by the couple to put pressure on the helper had forced her to commit suicide.

Under Article 238 of Macau’s Criminal Procedure Act, private individuals are prohibited from taking the law into their hands and unlawfully detaining suspects.  

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DH jailed 6 months for stealing jewelry worth $53K

 

The Causeway Bay building where the offense was committed (Google Map photo)

A domestic helper was jailed for six months today after she admitted at Eastern Court that she stole jewelry from her employer and was caught because of the pawnshop receipts found in her possession.

The lawyer defending Eden Celedonio, 46 years old, said she committed the offense because she needed to raise money for her father’s kidney surgery. The lawyer added that the defendant has a husband and two children in the Philippines and was the sole breadwinner.

But Principal Magistrate Don So brushed off the lawyer’s bid to lighten her penalty, saying she betrayed her employer’s trust.

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Thus, he did not give her the usual one-third discount for her guity plea.

Celedonio was convicted of stealing 15 pieces of jewelry worth a total of $53,092 from her employer’s flat in Causeway Bay between October and December 2023.

Earlier, the prosecutors dropped an additional theft charge for stealing one gold ring and a pair of earrings worth $500 whose ownership was unknown. The charge was also based on pawnshop receipts found in her possession.

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Meanwhile, two other domestic helpers also appeared for theft in separates courts.

Elizabeth Estabaya, aged 38, pleaded not guilty in Tuen Mun Court to stealing cash of $44,490 from her employer in Castle Peak, New Territories, between May 2 and May 12 this year.

Her trial was scheduled for Sept. 4-9. She was released on $300 bail.

The theft case in the Kowloon City Court against Gracelyn Simere, 41, was adjourned for Aug. 29. She was returned to jail custody until then.

She faces two charges, one arising from the theft of one gold necklace worth $22,749 on March 23, and the other on the theft of one pair of gold earrings and two gold bracelets $worth 23,000 on April 28.

The jewelry was allegedly stolen from her employer’s home in Hung Hom, Kowloon. 

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OEC integrated into enhanced e-Travel, Customs says

The enhanced e-Travel is meant to ease airport queues and make traveling stress-free

Traveling in and out of the Philippines has never been easier, even for overseas Filipino workers.

In a news release issued Thursday, the Bureau of Customs said it has partnered with various government departments to launch an enhanced version of the eTravel system which will result in a single QR code being used by travelers in dealing with different government agencies.

This includes the code taking the place of the overseas employment certificate which all OFWs are required to secure from the DMW and produce at the airport to be able to leave the country for their workplace abroad.

However, no date was mentioned as to when the simplified e-Travel system will take effect, or details as to whether an OFW can register directly with the e-Travel platform instead of the DMW app or website.

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According to the BOC press release, the single QR code can be used as clearance not just with the DMW but also for the Bureau of Customs, Bureau of Immigration, Quarantine,  and Tourism.

It was made possible through the cooperation between the government agencies and the Department of Information and Communications Technology (DICT).

"This allows for a more seamless clearance process, minimizing wait times, and reducing the need for multiple forms and checkpoints," the BOC stated.

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The improved system not only benefits those who are traveling by plane, but also those who enter and leave the country at seaports and cruise terminals.

Earlier, the E-travel pass incorporated the customs baggage and currency declaration form.

The BOC added that the system "advances inter-agency coordination by enabling real-time data sharing and enhancing the monitoring of travel flows."

"This improved data integration supports national security measures and aids in public health risk management by ensuring timely and accurate information for all relevant authorities," the office said.

The e-Travel system was first launched by the DICT in December 2022 to make traveling in and out of the country a lot easier and faster, and ease airport congestion.

Travelers need only to fill out the e-Travel form online within three days of arriving or leaving the Philippines to comply with the requirements for border control, health surveillance and data analysis.

To secure the e-Travel pass and QR code for free, sign up here: https://etravel.gov.ph/

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Filipino tourist jailed for illegal importation of 63 live turtles

 

The critically endangered turtles were found inside the Filipino's luggage

A Filipino tourist who allegedly brought into Hong Kong 63 critically endangered turtles, was back in West Kowloon Magistracy on Thursday, to face three amended charges.

Dexter V. Tabora, 37 years old, was told that his case will be elevated to the District Court at the next hearing on August 1. He was remanded in jail until then.

Tabora was arrested at Hong Kong International Airport on March 31, after the endangered turtles were allegedly found in his possession.

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According to a press release from the Customs and Excise Department, Tabora arrived in Hong Kong from Malaysia and was in transit to the Philippines when he was arrested after 63 live turtles were found in his baggage. The endangered species were estimated to have a market value of about $819,000.

The first charge against him is for importing 49 live radiated tortoise, which are classified as Appendix 1 species, in violation of section 5(1) and (3) of Cap 586, otherwise known as the Protection of Endangered Species of Animals and Plants Ordinance.

The species is native to Madagascar where its meat is highly prized. It is also highly valued in illegal pet markets abroad.

The second charge against Tabora is over the alleged discovery of 14 live painted batagur or terrapin in his baggage, classified as an Appendix II species, which is a violation of Section 11(1) of Cap. 586.

Both charges carry a maximum penalty of $10 million in fines and a prison term of up to 10 years.

The third is a charge of cruelty to animals, contrary to section 3(1) (g) of the Prevention of Cruelty to Animals Ordinance, Cap. 169.

The turtles were all taped up before being packed into the luggage

The particulars of the charge said Tabor brought into Hong Kong the 63 live turtles, “in a way which might cause them needless or avoidable suffering.”

Photos shown in the Customs press release showed the turtles wrapped up in masking tape and plastic with only their heads exposed.

This offence is punishable with up to $200,000 in  fines and three years in prison.

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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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