DH jailed 16 months for jewelry theft

 

Providence Bay in Tai Po, where theft happened (Google Maps photo)

A domestic helper was jailed for 16 months today after she admitted stealing 32 pieces of jewelry from her employer over a one-month period.

Richelle Ann Britanico, 36, agreed with the facts of the case and then pleaded guilty after it was read to her at the Fan Ling Court before Acting Principal Magistrate David Cheung Chi-wai.

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The case was filed earlier today by the Tai Po Police, shortly after arresting Britanico on a complaint of her employer.

Britanico was accused of stealing five pairs of gold earrings, one pair of Chanel brand gold and silver earrings, one gold baby pendant, one gold necklace with pearl, two silver bracelets, one gold bracelet, two gold necklaces, four rose-gold necklaces, one gold baby necklace, one gold baby anklet, two pairs of wedding bracelet, one gold necklace with box, one jade pendant and one gold pendant with necklace.

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The theft happened from Aug. 20 to Sept. 19 this year at the employer’s flat in Providence Bay, Tai Po, police said.

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IBP Cebu to hold law seminar, legal clinic at PCG

 

Poster on the free legal seminars and consultations with IBP lawyers

The Consulate, in cooperation with lawyers for Cebu City Chapter of the Integrated Bar of the Philippines, will hold a free seminar and legal consultation with Filipinos in Hong Kong on  Nov 24, Sunday, from 9am to 5pm.

After welcome remarks by Consul General Germinia Aguilar-Usudan, the three-part seminar that will tackle issues on the Philippines' Family Law, Property and Contract Law, and Anti-Violence Against Women and their Children (VAWC) Law, will be held until 12 noon.

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In the afternoon, eight lawyers from IBP Cebu City will conduct a free legal clinic with Filipinos who wish on consult on any legal matters in the Philippines may consult them one-on-one, in private.

The seminar is part of the “Juana Knows” program of the Consulate, while the legal clinic is a continuation of its regular “Idulog Mo Kay Atorni” project with the IBP.

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To pre-register for both the seminars and the legal clinic, please scan the QR code on the poster above, or click on the following link:

https://docs.google.com/forms/d/e/1FAIpQLSebWtLckGXcc9O02YdB85A5RzRvbUZCK-EAJpiyqaPEubhGZQ/viewform?fbclid=IwY2xjawGmSVdleHRuA2FlbQIxMAABHd--V2f4o0YuzAwYSUvim_efSkP9k6aMLBioc7aE1fhav2ztJ3k0GP0mFA_aem_YXY_vet5mLBAMuyH8SdUgg

 

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Consumer Council warns against using laundry scents

 

Samples from products tested by Consumer Council

Adding scent boosters to one’s laundry can make clothes smell better, but can also cause allergic reactions and harm the environment, the Consumer Council has warned.

“… consumers are reminded to consider the necessity before purchase,“ it said, since they can add from $3 to $21 per load to the cost of washing clothes, without any effect on cleaning.

The council issued the advice after testing 12 brands of the scent boosters, half of which claimed fabric softening properties, and found that all contained varying types and concentrations of fragrance allergens, with one having the most number of types at eight.

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“Except for 1 model with only 1 type of fragrance allergen, the remaining 11 models had 3 to 8 types of fragrance allergens. The test also revealed that models with two-colored scented granules generally had more types of fragrance allergens, averaging 6 types compared to almost 4 types in single-colored ones,” it added.

Hong Kong has no legislation mandating the labelling of fragrance allergens in household cleaning and laundry products. But under the European Union’s Detergents Regulation, products containing any of the 26 fragrance allergens at concentrations exceeding 0.01% must be labelled to alert consumers and help prevent allergic reactions and related symptoms.

“Over 80% (10) of the models were detected with specific fragrance allergens at concentrations exceeding 0.01%, reaching the level set out in EU’s labelling requirement. However, only 1 model listed such information on its label, without specifying the type of the fragrance allergen,” it said.

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According to a report published by the American Contact Dermatitis Society, laundry products are a significant contributor to the development of allergic contact dermatitis (ACD).

Other reactions such as asthma, migraines, respiratory and skin problems, and even rashes can also be triggered by the use of strongly-scented laundry products. These reactions may also affect others.

The test results also found that four brands contained HHCB, a musk compound added into some products to help the fragrance bind to textiles, at levels ranging from 0.14% to 0.73%, reaching the EU labelling threshold.

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HHCB is commonly used in products such as air fresheners, cleaning products and laundry detergents. A risk assessment report by the US Environmental Protection Agency estimated that over 90% of HHCB, not readily biodegradable and highly toxic to aquatic organisms, is released into municipal wastewater.

“Given the widespread detection of HHCB in wastewater in many countries, the potential environmental impact of using HHCB-containing products should not be overlooked,” it added.

Products tested by Consumer Council

Should such products be really needed, the Council offered the following tips: 

• Avoid frequent use and be mindful of the dosage. As a precaution, avoid using on clothing and products for babies and toddlers, or people with eczema or skin allergies;
• Check the product claims when choosing laundry products. For example, if the laundry detergent already has softening function, avoid using additional in-wash scent boosters that claim to have a softening effect to prevent unnecessary product overuse;
• Most products are designed for machine washing. Load them directly into the drum of the machine instead of the drawers for detergent or fabric softener to avoid clogging due to incomplete dissolution;
• Avoid using wash cycles with less water or shorter durations, to avoid leaving excessive amount of detergent and/or scent booster residue on clothing;
• Maintain good ventilation during washing and drying to avoid build-up of fragrance from the scent boosters which can deteriorate indoor air quality;
• Some laundry scent boosters look and smell like candies. Parents should store them in places inaccessible to children to avoid accidental ingestion;
• If the purpose of use is to remove bad odours, try soaking clothes in diluted baking soda or vinegar before considering the use of scent boosters.

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Appeals court affirms rejection of ex-NPA’s asylum claim

The High Court, where the Court of First Instance holds its proceedings 

A Filipino who claimed his life was in danger if sent back to the Philippines because he left the new People’s Army and was now being hunted by his former comrades, has failed to convince the Court of Appeal to review the rejection of his claim to asylum.

The non-refoulement application of Ariel Arellano, 57 years old, was earlier denied by the Immigration Director and then, on appeal, by the Torture Claims Appeal Board. He then went to the Court of First Instance to apply for judicial review but was similarly rebuffed in a ruling by Deputy High Court Judge K. W. Lung.

In a decision dated last Nov. 12, Court of Appeals Vice President Carlye Chu and Justice of Appeal Godfrey Lam said: “The applicant’s appeal is … dismissed.”

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They explained: “… the applicant has not been able to demonstrate any error in the decision of the Judge or advance any viable ground of appeal against the Judge’s decision.  We are not satisfied that there is any error in the Judge’s decision.”

Arellano entered Hong Kong on Nov. 1, 2016 as a visitor. He never left after his visa expired on Nov. 15, 2016. He surrendered to the Immigration Department on Dec. 6, 2016 and raised a non-refoulement claim 10 days later. 

In a decision on July 10, 2018, the Immigration Director found that his claim failed to meet the international requirements for granting asylum: that he faced the risk to life, persecution risk, and torture risk.

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The Board, on the other hand, accepted his claim that he was involved with the Kabataang Makabayan and later the NPA in the late 1980’s and early 1990’s. 

But in its decision on May 10, 2019, the Board found “multiple significant anomalies… vagueness and inconsistencies” which raised doubts about his claims, such as surrendering to the Philippine military in 2016 when he could not have been with the NPA beyond the 1990s and, as a result, “pursued by Commander Alvin or others of the NPA to be harmed or killed.”

The board concluded: “There was in fact no real risk of harm if the applicant returned to the Philippines, because … the people of the NPA or the Philippines government or military would not be interested in the historical involvement of the applicant with the NPA in the 1980’s and 1990’s.”

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Judge Lung concluded in his decision issued last April 30: “There is no valid ground from the applicant to challenge the Board’s Decision. There is no reason for the Court to interfere with the Board’s Decision.”

The appeals cöurt concurred: “If no viable ground is put forward to reverse the judge, the appeal should be dismissed.  It is not the role of this Court to examine the decision of the Board afresh as if the appeal were a fresh application for judicial review.”

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China to allow passport-free entry for some residents at 2 border crossings

For HK travelers, passport-free entry can only be done at Shenzhen Port initially 

Starting next Wednesday, Nov.  19,  certain groups of  travelers  from Hong Kong, Macau and the mainland will be able to cross two border checkpoints into the mainland without showing their passports.

According to the National Immigration Administration, the scheme which will initially be on a trial stage, is meant to make travel more convenient for residents of the  three places, as well as making border clearance more efficient.

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The trial will be implemented at self-service gates at  the Shenzhen Bay checkpoint between Hong Kong and Shenzhen, and the Gongbei crossing  between Macau and Zhuhai.

Those qualified for the easier entry and exit from the three places are travellers who are 14 years old  and above, and are either mainland  residents who travel frequently for private reasons, or non-ethnic Chinese permanent residents in HK and Macau who have a mainland travel card.

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Chinese authorities said in an announcement that residents who agree to go through the border inspection agency for the collection of facial information, fingerprints and other information for verification can choose to use the “document-free’ channel at the two border crossings.

But to be safe, they said all travelers should still bring their travel documents with them in case officials decide to check them after they cross the border.

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The authorities said the scheme would gradually be expanded to cover other border crossings, as well as children aged below 14.

 

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Latest anti anti-illegal worker operations net 36 arrests

 

Some of the women arrested are led away for questioning

In the latest series of raids conducted by the Immigration Department and Hong Kong Police Force, a total of 36 people were arrested, most of them suspected to be illegal workers.

The operations were carried out in two phases, with the first targeting 52 locations, including residential buildings, restaurants and a retail shop. Four suspected illegal workers, one suspected employer and one aider and abettor were arrested.

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The suspected illegal workers comprised four women, aged 31 to 52. One woman, aged 63, was arrested on suspicion of employing the women, while another, aged 53, was suspected of aiding and abetting the illegal work, and was also detained.

The second phase, conducted on 76 target locations in Hong Kong island, resulted in 30 arrests, with 23 of them suspected to be illegal workers. Three were employers, while four were overstayers.

The suspected illegal workers, who comprised seven men and 16 women, aged 22 to 62, included four holders of recognizance forms, which prohibit them from taking up any job. They also included seven who were in possession of forged Hong Kong identity documents.

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Three women, aged 33 to 39, were suspected of employing the illegal workers, while the three overstayers, comprised four women, aged 31 to 46.

Hong Kong law prohibit visitors from taking up work, whether paid or unpaid. Violators face a maximum jail term of two years and $50,000 fine.

The jail term could be up to three years if the violator is an illegal immigrant, an asylum seeker or an overstayer.

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Those who use or possess a forged HK ID card face a maximum jail term of 10 years and $100,000 fine.

Employers could be jailed  for up to 10 years and fined a maximum of $500,000.

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Filipina DH to be tried for shop theft, another jailed for stealing chocolates

 

Store where Filipina was arrested

An Eastern Court magistrate set aside a Filipina domestic helper’s guilty plea today and instead set a trial for her theft case that arose from her leaving a Wanchai store without paying for goods she had taken.

A. Delera, 40 years old, showed up in court without a lawyer and pleaded guilty to the charge of theft for taking $433 worth of items – one pack of prawn crackers, two packs of KitKat Chocolate, six cans of luncheon meat, four packs of Snickers and one bottle of Nutella Chocolate -- last Sept. 28 at the Best Mart on Johnston Road, Wanchai.

Principal Magistrate Don So asked her two questions: Did you mean to steal? Did you want to steal?

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Delera answered no to both questions, explaining that when she realized that she had lost her wallet inside the store, she panicked and forgot to pay when she left. “I panicked when I found out I lost my wallet,” she said.

“Then your plea should be not guilty,” he said, and scheduled her trial for Dec. 6.

He set her free on bail of $500.

In another theft case today, Magistrate So sentenced recognizance form holder V. Nasayao, 60 years old,  to two months in prison after she pleaded guilty to three cases of shoplifting in a Wellcome Supermarket on King’s Road, North Point.

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In the first case, last Nov. 8, she and an unidentified female stole three boxes of Ferrero Rocher chocolates.

Five days later, on Nov. 13, she returned and stole two packs of Ferrero Rocher chocolates, four packs of Cadbury Dairy Milk Chocolate, and six packs of Cadbury Milk Chocolate.

Later that day ,she again took two boxes of Ferrero Rocher chocolates.

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In mitigation, her lawyer said the items were for her own consumption, and that she was willing to face punishment the court will impose.

She also promised to turn a new leaf, he added.

The actual sentence was two months in prison for each case of theft, but So ordered that they be served at the same time.

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HK OFWs in illegal recruitment case appeal to DMW for financial aid

 

Illegal recruitment victims with faces blurred, wait for the Php50k cash aid (DMW photo)

Some 20 migrant domestic workers in Hong Kong who have filed complaints of illegal recruitment and fraud against former Cebu City Councillor Prisca Nina Mabatid have urged Secretary Hans Cacdac to grant them financial aid from the Department of Migrant Workers’ AKSYON Fund.

The call was made after the DMW issued a statement on Tuesday saying that 201 victims of illegal recruitment and human trafficking were granted a total sum of Php10,050,000 from the Fund specifically set up for this purpose.

At least one of the Hong Kong complainants and two other alleged victims working abroad have said their applications were denied because their complaints had not been taken up by the Department of Justice.

 Yesterday, the DMW also announced that the Senate had approved the Php8.79 billion budget of the DMW and its attached agency, the Overseas Workers Welfare Administration, for 2025.

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The DMW assured the Senate “of more efficient and more responsive programs and services to OFWs and their families to help them maximize the gains of their employment and empower them as co-architects of national development.”

Told about the appeal, Migrant Workers Secretary Hans Cacdac said he would look into why the Hong Kong complainants and others who were recruited abroad were denied the Php50,000 financial assistance extended to victims of illegal recruitment and humana trafficking. 

Consul General Germinia Aguilar-Usudan also offered to forward the appeal by the HK complainants to the Office of the Undersecretary for Migrant Workers Affairs of the Department of Foreign Affairs, for endorsement to the DMW.

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Edwina Antonio, case worker at the Mission for Migrant Workers who has been helping the complainants pursue their case with the Hong Kong authorities and the DMW since June 2023, said the Php50,000 cash assistance would be a big help to them.

“Malaking tulong ito, lalo at malapit nang mag Pasko at hindi pa sila nakakabangon sa inutang nilang pera para ipambayad sa pinangako sa kanilang trabaho at student visa sa Canada,” said Antonio.

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(This would be a big help, especially since it’s almost Christmas and they have yet to recover from the loans they took out to pay for the work and student visa in Canada promised them).

"Ang tagal na nilang nagdurusa at umaasa, nawa ay pakinggan man lang ang mga hinaing nila.”  (They have suffered long enough, but are still hoping for justice; hopefully the DMW would finally listen to their grievance).

Antonio added she didn’t understand why some of the complainants against Mabatid were granted the Php50,000 financial assistance, while others, including those who are in Hong Kong, weren’t.

This was after she was told by one of the Hong Kong complainants that her application for the Php50,000 cash aid was denied by DMW officials who told her she needed to have a case number issued by the Department of Justice to qualify for the grant.

Mabatid's accusers, along with Antonio, filed a complaint with Consulate officials

The same reason was given to two other OFWs whose cases had been filed with the Laguna prosecutors by the DMW itself.

In contrast, about 15 people who filed nearly identical complaints against Mabatid and whose cases were taken up by the National Bureau of Investigation and referred to the DOJ for the possible filing of charges, were awarded the financial aid.

In an order published in August this year, the DMW increased the amount of its financial assistance to OFWs in distress under its Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund.

From the previous Php30,000 the financial grant was raised to Php50,000 to OFWs who suffer abuse at their workplace, or were victims of illegal recruitment or human trafficking.

The grant goes up to Php75,000 for those who suffer mental distress, and Php100,000 if the OFW dies at the worksite, or within a year of returning from an overseas job.

The complainants confront Mabatid in a HK street in June 2023

The HK OFWs named Mabatid, her partner lawyer Russ Mark Gamallo and Hong Kong-based OFW blogger Bryan A. Calagui in complaints they filed with the HK Police and the DMW.

They backed up their complaints with receipts showing they paid no less than $18,700 to Mabatid and her company, PCVC-Opportunities Abroad in February 2023, after the Cebu politician promised to help secure visas for them in Canada, which she said would allow them to work and study at the same time.

The promised visas did not materialize, and Mabatid has since been summoned to the Senate Commmittee on Migrant Workers headed by Senator Raffy Tulfo, to explain her alleged illegal recruitment activities.

The DMW has also looked into the complaints against Mabatid, and has endorsed a number of the cases to the National Bureau of Investigation and the DOJ for the possible filing of charges.

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Pinay DH cleared of illegal work, another jailed for overstaying

The cases were heard at Shatin Court

A domestic helper charged with breach of condition of stay for alleged illegal work in a store, got off scot-free yesterday at Shatin court after prosecutors offered no evidence against her.

Instead, S. Pates, 42, was given a chance by Acting Principal Magistrate Cheang Kei-hong to accept a bind-over agreement in return for the charge being withdrawn, and paying $500 for court costs, to be taken from her bail.

The bind-over involves a promise not to reoffend for 18 months, or else she would be made to pay a fine of $2,000 in addition to the penalty for the new offense.

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Pates was charged by the Immigration Department with violating Section 41 of the Immigration Ordinance which prescribes a maximum fine at level 5 ($50,000) and imprisonment for 2 years.

The charge arose after Pates was arrested for doing odd jobs at Yoyo Clothing Store in Tin Shui Wai On Feb 12, 2023.

The condition of her stay in Hong Kong, as granted by Immigration, requires her to work solely for the employer who signed the contract that she used to obtain a DH visa, the charge said.

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Meanwhile, another Filipina was sentenced to nine weeks’ imprsonment after she pleaded guilty to breach of condition of stay by overstaying for almost three years.

Danitas Tactay, 41 years old, was only allowed to stay until the expiration of her DH employment visa on Nov. 7, 2013, but she remained illegally in Hong Kong until she was arrested on June 17, 2016.

She then claimed non-refoulement to prevent her being sent back to the Philippines. With her asylum application having been denied, this case for overstaying was finally resolved by the Shatin Court.

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Observatory lowers warning to T3

 

Storm Toraji's path (HKO photo)

The Hong Hong Observatory lowered Typhoon Signal No. 8 to Strong Wind Signal, No. 3 at 10:30 am today, releasing the territory from a virtual lockdown that saw bus routes suspended, streets deserted and most government offices closed in the morning, 

In an announcement, the Observatory said winds with mean speeds of 41 to 62 kilometees per hour are expected as Tropical Storm Toraji continued moving westward toward Vietnam, after coming to about about 130 kilometres south of Hong Kong.

“Toraji continues to weaken,” the Observatory said. “Local winds are expected to moderate gradually but local winds remain generally strong at first with occasional gale force winds at offshore areas and on high ground.”

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“The Strong Wind Signal, No. 3 will remain in force for most of the time during the day today. When the threat posed to Hong Kong by Toraji is further reduced, the Observatory will issue the Standby Signal, No. 1 or cancel all tropical cyclone warning signals,” it added.

With the reduced threat, government offices had begun reopening by mid-morning and operations will return to normal in the afternoon.

The Immigration Department said services at the Immigration Headquarters and all Branch Offices, Registration of Persons Offices, and Births, Deaths and Marriage Registries will resume at 12:30pm.

The Judiciary announced that all the courts and tribunals that will reopen at 12:20pm. and hearings that were scheduled in the morning will be held at 2:30pm.

Meanwhile, the Observatory issued the usual precautions, such as watching out for hidden danger to personal safety.

“Strong winds are still blowing. You should not relax taking precautions. Beware of falling objects in winds. Do not touch electric cables that have been blown loose,” it added.

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“Drivers using highways and flyovers should be alert to violent gusts,”the Observatory said. 

“You are advised to stay away from the shoreline and not to engage in water sports,” it added.

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