2 Pinays cleared of illegal work raps

 

The case was tried at Shatin Court

Two Filipina domestic helpers were acquitted today after a trial at Shatin Court, of working illegally in a restaurant in Central.

Marlyne Ogues, 35 years old, and Mary Jane Bienes, 43, dabbed tears of joy as they listened to the verdict of Deputy Magistrate Tai Kwan-hang, who said the evidence failed to prove beyond reasonable doubt that they breached their condition of stay which prohibits domestic helpers from doing work other than specified in their contracts.

Magistrate Tai raised doubts about their guilt when he noted that they were just standing idly when found by Immigration officers in the restaurant, which had its own three workers.

He also gave credence to their claim that they were in the restaurant because they had asked for permission from the restaurant’s owner, who was Ogues’s employer under a domestic helper contract approved by the Immigration Department, to use its kitchen to prepare food for their group’s outing.

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Their co-accused, Bangladeshi Lili Akther, aged 24, was also acquitted of working illegally with an expired DH visa, but was found guilty of overstaying for one year and five months in violation of the Immigration Ordinance.

Magistrate Tai sentenced her to four weeks in prison, suspended for 15 months, for being in Hong Kong on May 20, 2024 when she was supposed to have left two weeks after her domestic helper contract was terminated on Dec. 3, 2022.

The three were arrested by Immigration officers last May 20 in a restaurant in Central, in one of the anti-illegal worker operations  conducted by the Immigration Department on May 20-23.

During these operations, Immigration officers raided 165 target locations including massage parlors, premises under renovation and restaurants. Arrested with them were four men and one woman suspected of employing illegal workers.

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Filipina asks High Court to reverse guilty plea in drug trafficking case

 

A full hearing of the case is set on Sept 20 at the High Court (File)

In an unusual application, a Filipina who was set to be sentenced for drug trafficking instead asked the High Court today, Thursday, to allow her to reverse her guilty plea.

A lawyer for Liza D. Soriano, 44, a former domestic helper, said she was not in her proper state of mind the night before she entered a guilty plea at Eastern Court on Nov. 23 last year.

Barrister Peter Pannu also told the court that there was sufficient evidence that Soriano had merely agreed to a friend’s request to pick up the package containing nearly one kilo of the drug known as ice, without knowing what it contained.

She was arrested by customs operatives on Jul 28, 2022 in front of a building in Sai Ying Pun after she picked up the parcel containing the drugs.

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“This case is crying out for a day in court,” said Pannu.

Senior Public Prosecutor Raymond Chow who opposed the application said he was ready to examine Soriano about her claim, arguing, among other things, that she had a lot of time to reconsider her plea but only did so just before her scheduled sentencing.

After hearing from both counsel, Recorder Derek Chan, S.C., decided to reset the case to Sept. 20, and gave Soriano until Sept. 13 to submit additional affidavits if she wished, to support her application.

She was remanded in custody until then.

In arguing for the application, Pannu cited a WhatsApp message on Jul 13, 2022 between Soriano and her friend, Jean, a fellow Filipina, in which the latter asked the defendant to pick up “something” for her husband, for which she would be paid between $1,000 and $1,500.

Soriano, who was reportedly made to understand that she was picking up mobile phones, replied in Filipino that there was no need to pay her so much as she was  already earning money from babysitting. “$500 is ok with me,” she said.

Pannu said this showed Soriano’s innocence, as no drug trafficker would voluntarily offer to to be paid a lot less money for something as dangerous a task.

But when she went to do the bidding, nobody showed up with the package. Pannu said this was a “trial run” for the actual pickup a few days later, during which Soriano was arrested.

The next day, Jean turned on the “disappearing messages” in their WhatsApp conversation so nothing more was recorded in Soriano’s phone about the subsequent pick-up.

Pannu said that after her arrest, Soriano readily gave the arresting officers the password to her phone, which again indicated she was not complicit to the offense. He said it was Jean’s husband, said to be of African descent, who was the real drug trafficker.

Chow for his part said Soriano had “months to change her plea” but did not do so,  and that it was not fair to say that the defense counsel made her plead guilty to the charge.

He also argued that it was normal for any defendant about to be arraigned to feel anxious the night before.

“She did intend to plead guilty,” he said. “It was only on hindsight that she decided to change her plea.”

Nevertheless, he agreed that if he is proved wrong, Soriano should have her day in court.

Pannu had argued that the overriding consideration in the case should be that the interest of justice is served.

If convicted of drug trafficking, Soriano could face the maximum sentence of life imprisonment and $5 million fine.

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Alleged illegal worker detained; prosecutor asked why employer not charged

 

The bar is on first floor of building on D'Aguilar St. (Photo from Google Maps) 

A Filipino caught while allegedly working illegally as a waiter in a bar in Lan Kwai Fong, was detained today after appearing at Eastern Court, but a bigger question was raised about why the owner of the place was not charged.

Melben Tamayor, 40 years old and holder of a recognizance form that identifies him as an asylum seeker, pleaded not guilty to a charge of taking employment while being a person against whom a removal order is in force.

He was arrested at the Tai Tai cocktail bar on D’Aguilar St. in Central last Dec. 29, 2023 when police raided the place.

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Tamayor's lawyer offered a cash bail of $1,000 for his temporary liberty, with conditions such as surrendering his Philippine passport, reporting to police regularly and not leaving Hong Kong until the pre-trial review on Oct. 22.

But Principal Magistrate Don So rejected the offer and, after confirming with the lawyer that this offense is punishable by up to 15 months in prison, revoked Tamayor’s previous police bail of $500 and remanded him in jail custody.

Tamayor appeared in court with Nepalese Gupta Wagle Cheetri, 24, who also pleaded not guilty to charges of selling liquor without a license and possession of liquor for sale or supply without a license, both of which violate the Dutiable Commodities Ordinance. He was freed on $500 bail.

It was Wagle Cheetri, after asking for permission to speak, who led Magistrate So to ask the prosecutor if the owner of the restaurant would also be called.

He claimed that he was just working at the restaurant, and did not know that its liquor license had expired in April 2023 when he was caught eight months later serving three bottles of beer to undercover police officers and had 130 cans and bottles of beer stocked in the premises.

When the prosecutor said the owner will be called to testify during the trial, Magistrate So asked her: “So why are you not prosecuting the license owner?”

The prosecutor promised to look into it.

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Probation for 2 students who admitted shoplifting

 

Shop where theft happened (Google Maps photo)

The two Filipina students who pleaded guilty last Aug. 14 to shoplifting clothes at an H&M store in Causeway Bay, were placed on probation today for 12 months.

P. Basiuang, 20 years old, and L.J. Centeno, aged 18, were also asked to each pay $500 in court costs, taken from their bail money.

Eastern Court Principal Magistrate Don So told them to “listen to your probation officer.”

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If not, he warned, “I will send you to jail.”

Before closing the case, he told them to go straight to the probation office on the 12th floor of the Eastern Court building to begin their process of rehabilitation through counselling and supervision.

The two had earlier admitted that they stole two black T-shirts, one black vest, one grey T-shirt, one pair of white socks, one pair of black pants and one pair of beige socks at the H&M store at the Fashion Walk on Paterson St. in Causeway Bay last April 15.

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Consulate warns OFWs against illegal recruitment to Poland, Hungary

First page of the PCG advisory

The Philippine Consulate General in Hong Kong has again warned overseas Filipino workers (OFWs) against moving to a third country, specifically Poland and Hungary, as this violates the Philippines’ labor laws.

In an advisory posted on Facebook yesterday, the Consulate warned OFWs against an “illegal recruitment scheme that offers employment in Central Europe, particularly in Hungary and Poland.”

The people behind the alleged illegal recruitment are said to charge exorbitant fees and withhold the applicant’s passport to compel them to pursue their job applications to the two European countries.

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The Consulate reminded the public of Philippine regulations that forbid third-country deployment, meaning all overseas recruitment of Filipinos must be done by licensed recruitment agencies, to ensure they will be deployed only to countries where their rights are protected.

Despite such law, however, many OFWs still manage to move to other countries which offer better pay and the opportunity to gain residency, unlike in places like Hong Kong where they are not allowed permanent residency, no matter how long they have worked.

With a surge in demand for care workers in many countries in Europe and other places like Japan because of their ageing population, many OFWs in Asia are setting their sights further afield.

Lately, a number of OFWs in Hong Kong have managed to move to European countries which until recently was off-limits to them because of language, qualification and other constraints, such as the Netherlands, Finland, Norway and even the United Kingdom.

Despite these, warnings abound about the pitfalls of taking this plunge, largely because of the proliferation of unscrupulous agencies that send them on to a strange place without ensuring that their rights and welfare are protected.

PCG warns, 3rd country deployment is illegal

A recent series of articles published by Al Jazeera exposed the myriad of problems faced by Filipinos who went to Poland for work without the benefit of an employment contract duly processed in the Philippines.

In an interview conducted with 22 Filipinas there, nearly all claimed to have suffered exploitation in the form of wage theft, unreasonable salary deductions, unlawful termination and passport confiscation, apart from being forced to sign documents in a language they did not understand.

They reported being paid only a tiny fraction of the salary promised them, even after paying recruitment fees as high as US$5,000 or around HK$40,000.

(see the story here: https://www.sunwebhk.com/2024/04/after-leaving-grind-in-asia-filipino.html).

The Migrant Workers Office in Hong Kong advises those who want to ensure that they are placed legally in a foreign country to check on this website that lists the agencies that have approved job offers in countries abroad: https://dmw.gov.ph/approved-job-orders.

The link below lists all the recruitment agencies licensed to deploy Filipinos for work abroad: https://dmw.gov.ph/licensed-recruitment-agencies

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Serial offender jailed 1 month for stealing chocolates

 

Store where chocolates were stolen (Photo from Google Maps)

A Filipino who has had 12 convictions, eight of them involving dishonesty, was sentenced to a month in jail today after he pleaded guilty at Eastern Court to stealing $524 worth of chocolates at a 7-Eleven store.

Roel Galanza, 41 years old, failed to appear at his last hearing and was ordered arrested by Principal Magistrate Don So, and his bail of $500 confiscated.

So also ordered the defendant to pay compensation to DFI Retail Group Holdings, which owns the North Point store where he stole the four boxes of chocolate on Dec. 19 last year.

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His duty lawyer said, however, that Galanza was unable to add to the bail that he had put up, to fully pay for what he stole.

In response, So set the compensation at $500, to be offset from the bail.

The defense lawyer said Galanza was forced to commit the offense because he was jobless and had no money.

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DH jailed 6 months for stealing $88K worth of jewelry

 

Where theft took place (Photo from Google Maps)

A domestic helper was jailed for six months today after she admitted stealing $88,000 worth of jewelry from her employer.

Janice Abel, 33 years old, was charged before the Eastern Court after police found pawnshop receipts in her belongings, showing that she raised $12,000 from pawning the jewelry believed to have been stolen between March 19 and May 23 this year from her employer’s Quarry Bay flat.

The jewelry consisted of five necklaces, two bracelets and two rings.

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The employer has since recovered the jewelry after paying the $12,000 to the pawnshops, and wanted to recover the amount from Abel.

Abel’s duty lawyer, however, said she was jobless and unable to pay the compensation.

In mitigation, the lawyer said she was forced to steal to pay off debts she incurred in coming to work in Hong Kong.

Magistrate Don So asked the lawyer what the penalty was for the offense.

After the lawyer answered that the maximum was two years imprisonment, So handed down a six-month sentence.

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JoyYou joy for seniors using Octopus over next 2 weeks

 

Seniors will get 8% off purchases at participating merchants

From tomorrow, Aug 28, until Sept. 10, seniors holding JoyYou cards will receive a $8 cash rebate for every $100 they spend at participating merchants, for a total of no more than $800 per user.

The “828 JoyYou Fest” celebrates the full transition to the use of the JoyYou cards by those aged 60 and above as of last Sunday.

The MTR Corporation said a total budget of of $8.28 million has been set aside for the promotion.

Cardholders can collect their rebate by tapping their cards via the Octopus mobile app or at Octopus Service Points starting this Saturday.

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Over 60 participating merchants -- including popular names like Café de Coral and PARKnSHOP -- will also offer flash bargains geared towards the elderly at more than 3,500 selected outlets.

The MTR Corporations said the campaign is in recognition of the elderly’s contribution of $2 billion in retail consumption each month, and is aimed at boosting consumer spending.

By the last quarter of the year, Octopus plans to launch a virtual JoyYou card that can be used on smartphones and smartwatches, to further boost spending among seniors.

The promo could be held annually, depending on the results of the initial event.

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Two FDHs arrested in latest anti-illegal worker operation

 

The FDHs were arrested in footbridge over Mong Kok area (Photo from Google Maps)

Two more foreign domestic helpers selling food on a pedestrian footbridge were arrested in a joint operation by the Immigration Department (ImmD) and Food and Environmental Hygiene Department in Mong Kok on Sunday (Aug. 25)

The two women, aged 21 and 35, are expected to face breach of condition of stay charges in court.

Their arrest came just two weeks after two other unnamed FDHs were arrested at the same spot for the same reason.

An ImmD spokesman said, "A foreign domestic helper should only perform domestic duties for the employer specified in the Standard Employment Contract. The helper could not carry out any non-domestic work, or take up, or join or establish any business other than the contracted domestic work, whether paid or unpaid, in Hong Kong.”

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Those who violate the rule “are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties," the spokesman said

As a standard procedure, Immigration officers conducted an initial screening of those arrested – who fall under the category of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers -- to ascertain whether they are trafficking in persons (TIP) victims.

Among the signs they look for are TIP elements such as threats and coercion in the recruitment phase and the nature of exploitation.

Identified TIP victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.

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No-show at court worsens Pinoy’s case of stealing 2 shirts, pants

 

Kwun Tong Court (photo from Google Maps)

A Filipino charged with stealing two t-shirts and two pairs of pants plunged into deeper trouble today after he failed to show up for a hearing today at the Kowloon City Court, resulting in an arrest warrant being issued against him.

A. Delfino, 24 years old, is accused of theft for allegedly taking the clothes belonging to a Chinese, from outside a room in the New Lucky House on Jordan Road last July 16.

Acting Principal Magistrate Ko Wai-hung ordered his arrest after he did not come forward when his case was called, and court personnel confirmed he was not just outside the court.

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Delfino has no fixed address in Hong Kong, according to information filed by police.

Meanwhile, at the Kwun Tong court, domestic helper Riza Gamba was given another chance to prepare for her defense against a charge of theft after she appeared without a lawyer.

Gamba, aged 42, is accused of stealing $1,401.90 worth of food and drink from Fresh Supermarket in Lohas Park in Tseung Kwan O, consisting of one pack of apples, one bottle of sake,one bottle of wine, two cans of fruit cocktail, one pack of pork knuckles, two packs of pork chop, one pack of roasted pork belly, three cans of condensed milk, two recycling bags, one pack of cream cheese and one pack of cherry tomato.

When asked why she had no lawyer, having been represented in the previous hearing, Gamba said she lost track of the requirements because she was depressed.

“You are facing a criminal charge. You should take it seriously,” Chief Magistrate So Wai-tak said, advising her to go to the Duty Lawyer Service, which had already provide her a lawyer for free.

“I give you a last chance,” he said as he gave her a six-week adjournment to Oct.7.

Magistrate So set her free on $500 bail.

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Filipina pleads guilty at start of trial for 3 cases

 

The pavement where the offenses were committed (Google maps photo)

A Filipina domestic helper arrested in Central for selling a fake t-shirt, was jailed for six weeks after she pleaded guilty to three offenses at the start of her trial Friday (Aug. 23) at Eastern Court.

The trial was set last June 24 after Bianca Inocencio, 36 years old, pleaded not guilty, to selling a t-shirt with a fake label, possession of 26 t-shirts with fake brand labels, and breach of her condition of stay for doing business while working as a domestic helper.

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Deputy Magistrate Paul Yip had actually sentenced Inocencio to six weeks for each of the charges, but made the jail terms run at the same time.

Inocencio  was arrested by officers from the Customs and Excise Department on Jan. 14 on the pavement near Prince’s Bldg. and near MTR Exit K for allegedly selling a t-shirt with a forged Adidas trademark, in violation of the Trade Description Ordinance.

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She was also charged with possession of goods with forged trademarks, namely 19 T-shirts with the Adidas mark, 15 Nike and two Puma.

When the officers found out during the investigation that she was a domestic helper, they also charged her with violation of the Immigration Ordinance and Immigration Regulations.

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Filipino misses drug case hearing, ordered arrested

 

West Kowloon Courthouse

A Filipino accused of drug possession and overstaying has put himself in deeper trouble when he failed to show up a hearing of his case at West Kowloon Court Friday (Aug. 24).

Principal Magistrate Ivy Chui issued a warrant of arrest against Gian Edward Aldea, 35 years old, forfeited his cash bail and ordered that he not be allowed to post a police bail in case he is arrested.

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Aldea, who is unemployed, is facing two charges filed by the Tsuen Wan Police last May 24.

The first charge, possession of a dangerous drug in violation of the Dangerous Drugs Ordinance, resulted from one plastic bag allegedly found on him during a routine police chek last April 11 at  Lo Tak Court in Tsuen Wan, New Territories.

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The plastic bag contained 0.85 gram of a crystalline solid containing methamphetamine hydrochloride, otherwise known a shabu or ice.

During investigation it was also discovered that Aldea had overstayed his visa, which was valid until April 1, resulting in police filing a charge of breach of condtion of stay in violatun of the Immigration Ordinance.

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