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DH gets 16 months for laundering $2.3M

Posted on 01 August 2024 No comments

 

The Filipina appeared in Tuen Mun court

A domestic helper was jailed for 16 months on Thursday, July 31, after she admitted at Tuen Mun Court that $2.3 million in crime proceeds passed through her bank account last March in an offense more commonly known as money laundering.

Maureen Romero, 41 years old, was convicted by Acting Principal Magistrate Daniel Tang of dealing with property known or believed to represent proceeds of indictable offense, an offense under the Organized and Serious Crimes Ordinance.

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Romero was made accountable for deposits and withdrawals totalling $2,297,076 in her MOX Bank account between March 14 and 24 this year.

She was said to have committed the offense “together with a person unknown,” according to the complaint filed by the Yuen Long Police’s Technology and Financial Crime Squad.

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The complaint said the two dealt with the property “knowing or having reasonable grounds to believe that the said property, in whole or in part, directly or indirectly represented any person’s proceeds of an indictable crime.”

The sentence imposed on Romero is on the high side, apparently given the amount involved. 

However, the offence is punishable with a maximum prison term of 14 years, and up to $5 million  fine. 


FDHs demand monthly minimum wage raised to $6,172

Posted on 31 July 2024 No comments
Balladares (in black) says HK should pay FDHs a 'living wage' and not give token increases

Foreign domestic helpers comprising different nationalities picketed the Labour Department office in Sheung Wan this afternoon to demand that their monthly salary be raised to no less than $6,172 and their food allowance to $3,123.

The picket by the Asian Migrants Coordinating Body was held ahead of the government consultation with various stakeholders on the new FDH wage which is traditionally announced in September each year, and takes effect the next month.  

The current minimum salary that took effect last year is $4,870 with the optional food allowance raised to $1,236.

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AMCB chairperson Dolores Balladares said the minimum salary that they are asking for is based on the “living wage” calculated by charity group Oxfam, using updated government data. The amount is a mere $156 more than the $6,016 that the group had been fighting for, for years.

But the food allowance demanded is $1,887 higher than the current one.

Balladares said that what FDHs are aspiring for is not just the “piecemeal” or “small increases “ of between $100 to $150 that the Hong Kong government has mandated in the past few years. What they want is a “living wage” which will allow them to live decently in Hong Kong, according to her.

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Such a salary should be given to all domestic workers, not just those who come in from overseas, but also the locals employed in similar jobs.

In their dialogue with labor officials AMCB also planned to raise concerns about their long working hours, the lack of suitable accommodation provided to many of their counterparts, the overcharging of agency fees, and the lack of a law that makes it mandatory for employers to pay for long service.

The AMCB also remains concerned about the job-hopping allegations from employers that the Labour Department has effectively recognized by requiring empoyment agencies to warn FDHs about the consequences of pre-terminating their employment contracts.

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2 Filipinas charged with money laundering fail to post bail

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Eastern Court heard 3 separate money laundering cases in one day (File)

Two Filipina domestic helpers who appeared separately in Eastern Court on Wednesday for a hearing of money laundering cases against them, were returned to custody after failing to post bail for their temporary release.

One of them, Marjorie D. Tayaoa, 44 years old, was not even allowed to post bail after the prosecution objected, saying the amount involved in her case was huge. She had offered $5,000 bail.

Tayaoa is alleged to have dealt with a total amount of $1,138,868.02 in her Mox Bank account between July 20 and August 1, 2023, knowing or having reasonable grounds to believe, that the money came from a crime.

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The other accused, Asteria M. Pinili, 41 years old, told the court she could not raise the $50,000 cash bail set for her provisional release.

Pinili is charged with laundering a total of  $641,086.02 in her Mox bank account in  just two weeks, or from June 7 to 21 in 2023.

No plea was taken from either defendant, and Magistrate Don So adjourned their cases to September 24 for mention.

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The high amount or the outright denial of bail for foreign domestic helpers accused of money laundering appear to indicate a shift in how prosecutors look at the seriousness of the alleged offenses.

In West Kowloon the other day, a magistrate cut in half the $100,000 bail posted by the employer of a Filipina domestic helper accused of laundering $455,000 through her bank account, saying it was excessive.

However, the resulting bail amount of $50,000 was still significantly higher than the $1,000 granted to three Filipinas who were sentenced to between 9 and 12 months in jail yesterday for the same offence.

The jacked-up bail indicates a similar shift in outlook towards FDHs engaging in what used to appear to be an innocent act of lending or selling their ATMs for a small amount of money.

Once the bank account is used for money laundering, the FDH is often sent to jail for nine months if she pleads guilty to the offence, and 12 months if she opts for a trial.

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Filipina jailed 3 months for using invalid contract to get $20K loan

Posted on 30 July 2024 No comments

 

Case was heard at Eastern Court 

A Filipina who admitted at Eastern Court that she obtained a $20,000 loan using an expired employment contract but said that she had paid it back in full, was sentenced today to three months imprisonment.

Principal Magistrate Don So disregarded a plea for a suspended sentence for Mariel Antenor,  aged 32 years, who pleaded guilty in a hearing last July. 

In the previous hearing, Antenor told Magistrate So that she had paid all installments except one, prompting him to order a background report to clarify the matter.

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Her lawyer told the court today that she had already paid the loan in full.

The case arose after Antenor presented an invalid work contract to Prime Credit’s office at Eurotrade Center Bldg. in Central on Sept. 14, 2022, to meet one of the requirements for a $20,000 loan.

After approving the loan, the financing company said it later found out that the work contract was no longer valid when Antenor applied for it.

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The offence was discovered when Antenor went to the Immigration Department to apply for a renewal of her new contract.

Her lawyer had initially argued that Antenor did not know that it was an offence to use an expired work contract to apply for a loan. 

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3 Filipinas convicted of money laundering jailed between 9-12 months

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More than $1.4 M passed through the Filipinas' HSBC accounts

Three Filipina domestic helpers who were convicted after trial of money laundering after allowing unknown people to take control of their bank accounts, were sentenced to between nine and 12 months as they sobbed today at Eastern Court.

A local woman working in a restaurant was meted the longest prison sentence of 13 months as her case involved an international element. According to Magistrate Minnie Wat, first defendant Wong Siu-kuen, 53, did not deny sending her ATM card to Malaysia where the illicit transactins were made in her name.

The lightest penalty of nine months’ imprisonment was imposed on Marife A. Dionson, 43, whose account was used to launder a total of $358,300 within one day, which the magistrate said was a “relatively short period of time.” The transactions were made between July 8 and July 9, 2020.

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The two other Filipina defendants, Geraldine G. Tolentino, 38, and Ires S. Caliwanagan, 40, were both meted the standard 12 months imprisonment for money laundering defendants who are found guilty after trial.

Tolentino’s bank account was made the repository of a total of $566,438 within five days, or between July 15 and July 20, 2020, while Caliwanagan’s account held a total of $714,406 between July 10 and July 23, 2020.

In sentencing, Magistrate Wat said a custodial sentence is inevitable for those who commit money laundering, which she described as a serious offence. She disregarded pleas for a lighter sentence based on the defendants’ personal and family circumstances.

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But she said she considered the international element in Wong’s case an aggravating factor, hence, the additional one month imposed on top of the standard 12 months’ imprisonment for those convicted after trial.

In Dionson’s case, her lawyer said she suffered a mild stroke after being arrested in 2020. She was described as naïve, and although she initially rejected the charge, she was now aware of the serious consequences of her actions, and was regretful.

Tolentino, on the other hand, was described by her mother to a probation officer who contacted her as “simple-minded and hardworking” and sent a big chunk of her salary to her family back in the Philippines. She was fully supported by her employer during her trial.

Caliwanagan was described by her lawyer as a  single mother with an 11-year-old son, who has been under tremendous stress because of the case, and is anxious to continue working in Hong Kong, but now realizes this will not happen because of her conviction.

Magistrate Wat said that in sentencing, she was mindful that all the defendants had a clear record and there was no evidence to suggest that they were the ones behind the illegal transfer of funds into their bank accounts.

She also said that even if the offences were committed in 2020, they did not come to light until the first prosecution witness in the case went to the police in 2021 to complain about losing $1.85 million in a love scam. Part of the money she lost was traced to the defendants’ bank accounts.

Prosecution began only in 2022, as it took the police some time to investigate, given the number of people found to be involved in laundering the money taken from the victim.

“This is not a particularly long time for the case to be brought to court,” said the magistrate.

In the admitted facts of the case that were read out in court, the total amount of money that went in and out of the four defendants’ money was more than $2.4 million, and the transactions took no more than three months.

About 10 other Filipinos were named as recipients of the $1.85 million that the love scam victim transferred to local banks, but they apparently escaped detection by the police.

But there was at least one other Filipina who was initially charged with the four, but she pleaded guilty when she appeared in court in October last year. She was sentenced to eight months in jail.

Before their conviction, the four defendants were allowed to post bail – $2,000 for Wong and $1,000 for each of the three Filipinas. 

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Bail of DH in money laundering case halved to $50K

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A domestic helper had her bail reduced by half, from $100,000 to $50,000, after she pleaded not guilty to money laundering at the West Kowloon Court.

 “The amount should not be this high,” Magistrate Jason Wan said in a hearing today after finding out that the bail money was advanced by the employer of defendant Marivic Millare, 48 years old.

In return for reducing the bail, which was set in a previous hearing, Magistrate Wan imposed conditions for the temporary release of Millare, who is charged with one count of dealing with property known or believed to be proceeds of indictable crime, contrary to the Organized and Serious Crimes Ordinance.

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Among the conditions imposed on Millare were that she would not leave Hong Kong until the case was finished, surrender her passport, report weekly to Hung Hom Police and stay in the address registered with the court.

The charge arose from the flow in and out of her Hang Seng Bank account, of a total of $454,918.46 between June 12 and July 9, 2019.

A police complaint accused her of dealing in property, along with a person identified only as I.C., which “represented any person’s proceeds of indictable offense.”

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Magistrate Wan set the trial for Sept. 5.

He reminded Millare to keep in constant touch with the Duty Lawyer Service so she can be defended properly.

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Filipina cleared of lying to Immigration, overstaying

Posted on 29 July 2024 No comments


The rare acquittal at Shatin court left the accused sobbing in relief 

A Filipina was acquitted today of lying to the Immigration Department and overstaying after evidence presented in a trial at Shatin Court showed that it was the employment agency that processed her papers that was to blame.

Mariza Tarray, 41, sobbed and hugged the Filipina court interpreter who was translating the court proceedings to her, after Deputy Magistrate Ivan Lee pronounced her not guilty of both charges.

 “The prosecution failed to prove its case beyond reasonable doubt,” he concluded.

“I find the defendant an honest and reliable witness,” he added.

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Tarray’s story began after she finished a contract as a domestic helper and went to the Bandung Enterprises to find a new employer.

She was matched with an employer who lived in Wanchai.

However, when her papers were processed, she discovered that she was given an employer who lived in Tseung Kwan O, so she refused to work for her and complained against Bandung to the Labour Department and the Philippine Consulate.

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The agency staff found her another employer, but by then she had overstayed her visa without her knowledge.

It was while processing her new contract that Immigration officers discovered a letter to support her visa application, which said that her termination by the employer she refused to work for was Feb. 11, 2022 and that the previous date of Jan. 26, 2022 was not correct.

Tarray was thus charged with making a false representation in a document furnished to an Immigration officer, which violates the Immigration Ordinance.

And since Immigration had established that her real termination date was Jan. 26, 2022, she had overstayed her two-week automatic extension by the time she applied for a new visa on Feb. 17.

She was thus charged with breach of condition of stay, another violation of the Immigration Ordinance.

In his decision, Magistrate Lee cited a WhatsApp chat between Tarray and an employee of Bandung who assured her that they would take care of Immigration, and kept her ignorant of her Immigration status.

He also cited her complaints against Bandung at the Labor Department and the Philippine Consulate as indicator that she had no intention of violating Immigration laws.

Before Tarray left the court, an Immigration officer told her to go to their office to retrieve her passport.

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Filipinos overseas could shape Phl politics through online voting, says DFA official

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About 100 OFWs took part in Comelec's briefing in HK on online voting
(photo from Chair George Garcia's X account) 

Online voting has the potential to turn overseas Filipinos into political kingmakers, said Foreign Affairs Undersecretary Gary Domingo during a talk before Filipino community leaders in Hong Kong yesterday. 

“If the overseas Filipino community can vote (using the internet), you can determine the outcome of Philippine elections, said Domingo, who is the Department of Foreign Affairs head of the Overseas Voting Secretariat.

He said that even if only 70% of the estimated 10 to 12 million Filipinos overseas cast their ballots in the 2025 presidential election, they would still hold sway in Philippine politics.

In the previous election in 2022, where voting was conducted face-to-face or by mail, only about 600,000 or about 40.5% of the 1.697 million who registered to vote had cast their ballots.

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With the introduction of online voting for most overseas Filipinos, the DFA and the Commission on Elections are hoping to boost both the registration and the turnout considerably, as the limitations of time and distance that voters had often complained about in the past, will be eliminated.  

With online voting, those overseas will be able to vote anywhere, anytime, as long as they have a srong internet connection, said the officials.

The Comelec commissioners with DFA Usec Gary Domingo (3rd from left),
OVS vice chair Bob Quintin, (rightmost) and Consul General Germinia Usudan 

Domingo was in Hong Kong to join four Comelec commissioners brief Filipino community leaders on the system that is being developed to allow nationals overseas to vote using the internet, and get their reactions and suggestions.

In opening the daylong session held at Park Lane hotel in Causeway Bay, Consul General Germinia Aguilar-Usudan told the Filcom leaders in Hong Kong that online voting marks a “monumental shift” in how Philippine elections are conducted, as it paves the way for increased political participation and a more inclusive political representation.”

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She said the aim is to make the voting process as seamless and as convenient as possible for overseas Filipinos, especially those in Hong Kong, who used to line up for hours on Sunday amid the searing heat, just to cast their ballots in the lone polling station at Bayanihan Centre in Kennedy Town.

“Rather than physically casting your votes, overseas Filipinos in Hong Kong now have the opportunity to vote online within the comfort of your own homes and at your own convenience,” she said.

Usudan noted with pride that Filipinos in Hong Kong have been very active participants in overseas voting. In the last election in 2022, she said there were 93,886 registered voters in the city, and of these, 62,252 had cast their ballot, for a relatively high turnout of 64%.

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She also disclosed that the day before, 40 representatives from various foreign service posts also joined the Comelec in a whole-day training on online voting and counting.

She reminded the leaders that the deadline for registration for next year’s election is the 30th of September this year, and that both the Consulate on the 14th floor and the Migrant Workers Office on the 29th floor of United Centre building in Admiralty have desks where qualified voters may sign up.

She also urged everyone who has registered as voters to check with the Consulate website if their biometric data is complete, or approach staff at MWO for help.

Casquejo tells Filcom leaders online voting is the way to go 

Leading the briefing was Commissoner Marlon Casquejo, who is in charge of overseas voting for the Comelec. He said it’s all systems go for the new mode of voting, which will be adopted in most overseas posts, except for those in countries with internet restrictions like China and Russia.

Casquejo said it is not likely that those who had expressed reservations about online voting, including some senators, would take the extreme measure of applying for a temporary restraining order against them with the Supreme Court.

Sa tingin ko hindi mangyayari kasi marami ang ma disenfranchise,” he said (I think that will not happen because a lot of voters will be disenfranchised).

“Will the Supreme Court issue a TRO? There is a very, very slight chance (of  that happening).”

Going for internet voting has long been eyed by the Comelec as it should be easier to implement and far less costly, but it has been plagued by doubts on whether it can do this on its own or wait for legislative approval.

But with veteran lawyer George Garcia taking over as Comelec chairman, the poll body has taken the view that since the Overseas Voting Act of 2013 allows it to implement other means of voting overseas, Congress approval is no longer necessary.

Casquejo, along with Comelec officials tasked with providing information about online voting, took the audience through the process of first, enrolling as a registered voter; then accessing the voting portal where they will be asked to first present their credentials before being allowed to vote..

To ensure that the person casting the ballot is the named voter, there will be a pre-enrolment period 60 days before the start of voting period, which is from Apr 13, 2025 to May 12, 2025. The pre-enrolment will then take place from Feb. 12 to Apr 12, 2025.

To enroll for the election, the voter will have to upload the required documents and provide an email address, then wait for verification from the Consulate (or other overseas posts).

During verification, the Consulate will check against the National Registry of Overseas Voters whether the applicant is a registered voter. If confirmed, a link to the election portal will be sent to the voter. Once done, the voter will receive a digital print of the cast ballot.

According to Casquejo, Comelec will issue digital voter’s IDs that can used as an alternative government-issued valid ID if a Philippine passport is unavailable. However, the voter won’t be allowed to download this digital ID.

Those who need help with pre-enrolment and online voting may go to kiosks to be provided by the Consulate and all overseas posts.

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HK forms 8 care teams for ethnic minorities

Posted on 28 July 2024 No comments

 

CS Eric Chan (middle) leads other govt officials in the launch of the EM care teams

Eight ethnic minority care teams were set up today, Sunday, and Chief Secretary Eric Chan said  two more will be added by the end of the year.

The care teams will enhance the services provided by the government-funded support centers for ethnic minorities, each with an operating annual budget of $11 million.

Chan said the care teams will provide personal visits, outreach and information services to ethnic minority members, and refer them to relevant government departments or organizations as needed.

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One of their primary tasks is to relay information to parents as to where they can send their children  to school in the district where they live.

“Most of the members of the team are also from the ethnic minority community, so they speak the same language as those they serve and can understand and respond to their needs more easily,” he said.

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Chan noted that Hong Kong has over 300,000 ethnic minority residents at present, and the government aims to help them become a more integral part of the city.

“They need to integrate into society to realise their full potential,” Chan said at the launch ceremony.


“Not only have they enriched our city's cultural diversity, but they have also contributed to its development in many ways.”  

The launch fulfils the promise made by Chief Executive John Lee  in his policy address last year of expanding support for ethnic minorities by setting up care teams across the city’s 18 districts, as well as additional support service centers for them.

The new centers that will start operating by year’s end, along with two more care teams, will be set up in Kowloon Central and in New Territories East.I

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The eight that are already operating can be found here: https://hkcscheer.net/social-welfare-services/services-for-ethnic-minorities-2/support-services-centres-for-ethnic-minorities

Among the services provided by the centers are orientation programs, language and after-school tutorials, community integration workshops, youth activities, counselling services and skills training.

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OFW group launches fund drive for Marikina flood victims

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Some of the relief goods distributed earlier

An OFW group has launched a fund-raising drive to enable two of its members to distribute relief goods to neighbors whose homes in Barngay Tumana, Marikina City, were flooded last week by monsoon rains brought by Typhoon Carina.

“We hope we could get support from our fellow OFWs in helping flood victims in our own small way,” said Marivic Tabarnero, founder and president of Smart (Simple, Measurable, Achievable and Reliabe Team) HK.

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“We intend to send money to our members there, who will then buy the things their neighborhood actually needs,” she said.

The group distributed relief goods last week just after flood waters receded, but these were limited in quantity because this was all the group could afford, she added.

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Tabarnero
Tabarnero started the ball rolling for the second relief distribution today by approaching Filipino community leaders who attended a seminar on online voting conducted by the Commission on Elections at the Park Lane Hotel in Causeway Bay, with the help of the Consulate.

They are aiming to raise enough for a feeding program for children, as well as food and other necessities for 100 flood victims.

A substantial amount has been raised, but she declined to give details as it included pledges.

She said the group will continue the fund-raising on Sunday, fielding members to go around Hong Kong to solicit donations and also man their gathering place at the top of the outdoor escalator beside the Cheung Kong Bldg. in Central to receive donations.

She said the donations can also be sent online through this QR Code:

Tabarnero said a full accounting of the contributions and expenditures wil be made once the project is completed.

The project follows the distribution of school supples and food at McDonald’s in Silay City last July 19, organized by SMART HK member Marlie Parino, with funding from Hong Kong.

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“Thank you for your generosity and charitable contributions,” McDonad’s Silay said in a Facebook post, referring to Smart HK. “Your trust means the world to us, and we’re overjoyed to have provided such a delightful experience.”

The grroup celebrates  its 16th anniversary this year.

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