Job-hopping legislation still in the cards

 

The revised Code will have anti-job hopping provisions

A revised Code of Practice (CoP) for employment agencies that will incorporate provisions related to the so-called job hopping practice of some foreign domestic helpers will come into force by April this year.

This was according to Labour Secretary Chris Sun who spoke at the Legislative Council meeting yesterday, Feb. 28 in response to queries from legislator Doreen Kong of  the Election Committee constituency.

“After concluding the consultation exercise on the preliminary proposals for revising the Code of Practice for Employment Agencies (CoP) in the first half of 2023, the LD has analysed and examined the feedback received,” he said.

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“Currently, the LD is finalising the revised content of the CoP taking into account the suggestions and concerns raised by different stakeholders, as well as formulating the mechanism for enforcing the revised CoP. The LD will promulgate the revised CoP in the second quarter of this year."

Sun said that the new rules will require EAs to request employers and FDHs to acknowledge in writing that they have been briefed on the standard employment contract for FDHs and the Labour Ordinance.

Agencies must also explain to FDHs the requirements for changing employers, and get them to sign a written acknowledgment that this has been done.

TAWAG NA!

However, audio or video recordings of EAs making such explanations will not be required, contrary to proposals made by some employers and legislators.

The revised CoPs will also expressly prohibit EAs from providing incentives to FDHs to entice them to switch employers. Violators may be meted sanctions.

But Secretary Sun declined to give in to suggestions that employers be exempted from providing a return air ticket to FDHs who terminate their employment contracts.

PINDUTIN ITO

Kong has suggested that Labor strengthen its cooperation with source countries for FDHs so that “immoral EAs and FDHs” cannot obtain by deception agency fees and contract benefits such as free return air tickets.

Sun said that employers are obliged to provide their FDH with free return passage to his/her place of origin upon termination or expiry of the contract, to ensure the FDH’s smooth return to their place of origin and prevent them being stranded in HK due to a lack of travel expenses.

As for the agency fees, the revised CoP will require EAs to specify in a written agreement with employers, whether they will provide a refund or an alternative arrangement to replace FDHs who terminate their contracts. A sample service agreement with this clause will be appended to the CoP, but it will not make refund arrangements mandatory.

According to Kong, job-hopping or the premature termination of contracts to change employers has not abated, despite the short supply of FDHs in Hong Kong.

But Sun denied this, saying that there has been an 80 percent decline in the number of visa applications from FDHs that were rejected due to suspected “job-hopping” over the past two years.

In 2023, the number of visa rejections fell to 502 from the 2,833 recording during the pandemic in 2021.

Migrant support organizations like the Mission for Migrant Workers and the Asian Migrants Coordinating Body have called the job-hopping allegations a “myth,” saying FDHs will not give up on a whim jobs they had spent money on, or if their employers have been good to them.

Besides, they said all FDHs are aware that if they terminate their contract they will be sent back home within 14 days, and if they want to work in Hong Kong again they will have to apply for a new contract from their home country, at great cost.

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Warnings issued against lending/selling bank accounts & scams

 

Police post warns how lending one's ATM can lead to money laundering 

The Migrant Workers Office in Hong Kong has posted a warning on its Facebook page against lending or selling bank accounts, as this often leads to money laundering.

“Huwag pumayag sa pagpapahiram o pagbebenta ng bank account, iwasang gumawa ng mga krimen,” said the advisory. (Do not agree to lending or selling your bank account, avoid getting involved in crimes).\

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In cases where someone’s ATM card was lent or surrendered to another person who then used it to launder money, the account owner is oftentimes left to face a charge of “dealing with property knowing or having reasonable grounds to believe” that such property represents proceeds from a crime.

The maximum penalty for money laundering is 14 years’ imprisonment and a fine of $5 million.

Soriano (in suit) joins police in promoting the campaign against online scams

The warning came as the new head of the Consulate’s assistance to nationals section, Vice Consul George A. Soriano met with representatives of the Hong Kong Police Regional Crime Prevention Office - Hong Kong Island to discuss collaboration to intensify the campaign against deception crimes or fraud. 

The campaign aims to provide the public with information on how to avoid falling prey to deception, particularly those committed through phones or the internet.

TAWAG NA!

The police reported earlier that there has been a 42.6% increase in deception crimes in Hong Kong.

Vice Consul Soriano pledged to take an active role in encouraging Filipinos in Hong Kong to take part in the campaign.

PINDUTIN ITO

He also thanked the police for continually providing a safe environment for the more than 221,000 Filipinos living and working in the city.

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Kaaya-ayang maputi makinis na kutis at mahubog na katawan nakamit

Magmula ng mapuna ni Jasmelita Asuncion na dumarami ang fine lines, dark circles at eye bags sa palibot ng mga mata ay nagsimula siyang mageksperimento ngunit lalong lumala ang skin problem. Nabasa niya mula The SUN Facebook ang testimony ng Pinay na nagkaroon ng magandang kutis at naging sexy dahil sa paggamit ng upgraded Dream Love 1000 5 in 1 body essence lotion na gawa sa England at may Supreme Hong Kong Quality seal. Bumili siya mula sa Victory Supermarket sa halagang HK$98 lamang. Makalipas ang anim na araw na paggamit nito, natugunan ang problema ni Jasmelita. 

Ang bago at improved upgraded Dream Love 1000 5 in 1 body essence lotion ay may collagen na nagtataglay ng mataas na level ng protein upang mapanatiling ang elasticity ng balat. Nakakatulong din ito upang maiwasan ang wrinkles at fine lines, mapanatiling supple at lumambot ang balat. Ang shea butter nito ay mayaman sa antioxidants at fatty acids upang mag-moisturize at mag-promote ng cellular regeneration. Ang Vitamin A, D&E protein moisturizer na nasa lotion ay upang kuminis ang balat.  Ngayon ay mas mukhang batang tingnan at mas pumuti ang kutis si Jasmelita. 

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Para sa gandang nakaka-akit

Ang iyong Kagandahan ay magiging tunay na kaakit-akit. Mabibili sa Hong Kong ang updated version na

Dream Love 1000 5-in-1 Body Essence Lotion

na gawa sa laboratoryo ng La Cite Parfumer S.A. Paris mula sa mga piniling sangkap galing pa sa England, Germany, Canada at France.

___________________

Tingnan ang libu-libong mga totoong karanasan sa buhay ng mga kababayan, at kung paano nila ginamit ang

Dream Love 1000 5-in-1 Body Lotion

para maging natural na kaputian, hugis, mas batang tingnan at kumikinang na balat, sa ngayon ay lalo nang seksi sa 

http://www.sunwebhk.com

Asylum seeker faces 3 drug trafficking charges

 

Alleged scene of  the crime (Google Maps photo)

A Filipina asylum seeker was returned to jail after she appeared at Kowloon City Court today, charged wth three counts of drug trafficking.

Sherlita Guia, 37 years old, who is holding a recognizance form, was arrested after undercover anti-triad police officers entered into deals with her in three places within one building in Tsim Sha Tsui on July 14, 2023.

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According to police reports, Guia was tagged for the first drug trafficking charge when she dealt with police on the 2^nd floor rear staircase of the Tsum Sha Tsui Mansion on Nathan Road.

The second incident happened in Room 1 of a second floor flat of the building.

TAWAG NA!

The third occurred in Room 2 of the same flat.

She was charged with violation of the Dangerous Drugs Ordinance which punishes this offense with a fine of up to $500,000 and up to three years’ imprisonment on summary conviction, and a maximum fine of $5,000,000 and imprisonment for life on conviction on indictment.

PINDUTIN ITO

The case resumes on April 10.

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Filipina DH fined $1K for shoplifting

 

The Lohas, where the offence was committed (photo from Google Maps)

Shoplifting $329.80 from a supermarket cost a Filipina domestic helper $1,000 today at Kwun Tong Court.

J.J. Galdones, 36 years old, was fined the amount after she was convicted of stealing a number of items from the Fresh Supermarket at The Lohas in Lohas Park, Tseung Kwan  last Feb. 18.

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TAWAG NA!

She was charged with violating Section 9 of the Theft Ordinance for stealing two packs of pork chop, two packs of beef fillet, two packs of dimsum, one pack of cream puff, two cans of beer, and one pack of waffles.

PINDUTIN ITO

She was arrested by Tseung Kwan O Police officers who were called by the store staff after seeing the accused in their CCTV cameras in the act of stealing.

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Pinagtagpo sa Repulse Bay kalaunan naging mag-asawa

Ibinahagi ni Gina Pangilinan ang kaniyang maligayang karanasan na hindi makakalimutan dahil sa paggamit ng seksuwal na pabangong Dream Love 1000, gawa sa England . Ang karanasan niya ay nang maakit ang isang gwapong Briton sa kaniya. Palagi  niyang nababasa mula sa Sun page ng Facebook ang iba’t ibang karanasan ng mga Pinay dahil sa paggamit nitong nasabi na pabango, naengganyo at  naisip niyang bumili mula sa Sun Fung sa Worldwide plaza sa halagang HK$88 lamang.

Araw ng Linggo, nagkayayaan silang magbabarkada na magpunta sa Repulse Bay upang magtungo sa beach. Habang naglalakad at hindi niya napansin na may isang guwapong Briton na nakasunod sa kaniya. Iniisip niyang ito ay naglalakad din upang magpahangin ngunit nang siya ay huminto at maupo, bigla  itong lumapit. Nagpakilala sa kaniya bilang Simon at nakitabi, habang naguusap ay napansin niyang madalas itong may tila nilalanghap malapit sa kaniyang tainga. Pakiramdam niya ay tila nais nitong damhin ang kaniyang pisngi .Saka pa lamang niya naisip na gamit ang seksuwal perfume na winisik bago mag-day off. Napangiti sa sarili at nasambit na epektibo nga. Doon nagsimula ang kanilang makulay na love story at itong susunod na buwan ay nakatakda na silang ikasal. Iminungkahi din niya sa mga kaibigan na gumamit nito para magkaroon din sila ng magandang karanasan.

 

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*Naghahanap ka man ng pag-ibig, nang-aakit ka man ng lalaki, o gustong maging tapat ito sa iyo, o gusto mong ikaw ang ikasal sa halip na maging abay lang sa kasal, kung gusto mong may pagbabago ng saloobin ang iyong amo sa kabaitan, at maging kaakit-akit sa paningin ng lahat... 

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Monthly fireworks display planned in Harbor

 

Did you miss the fireworks display last Chinese New Year?

Don’t worry, there will be one every month, and it will be a free entertainment for all – if plans by the government to help boost Hong Kong’s tourism materialize.

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Aside from the fireworks display, drone performances are expected to light up Victoria Harbor on a regular basis.

The daily multimedia light show “A Symphony of Lights”, where laser, strobe and neon lights answer each other from high up selected skyscrapers on both sides of the Harbor, will also be redesigned.

How? Pindutin ito!

The fireworks display is considered a magnet for tourists, especially from across the border.

“During the recent Lunar New Year holiday, Hong Kong welcomed a total of 1.43 million visitors, of which approximately 1.255 million were from mainland China, surpassing the numbers from 2018,” a report in the Standard said.

TAWAG NA!

All these nightly spectacles are being lined up in the upcoming government budget before the Legislative Council, which will allocate funding for different projects to different government agencies, the report said.

The nightly extravaganza is expected to be assigned to the Hong Kong Tourism Board.

PINDUTIN ITO

The Tourism Board is also proposed to organize a number of supportive measures such as city walks and night runs, which will allow tourists to pursue in-depth travel experiences in the city, the report said.

Also envisioned in the new budget are more dining and entertainment elements along the city’s waterfront – such as food stalls and game booths on esplanades that have been expanded and lengthened over the last two years -- with the Development Bureau in charge.

 

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Filipina forced to do sexual acts by employer victim of human trafficking, says CA

 

Forcing the FDH to do sexual acts amounted to forced labor & human trafficking, said the CA

A Filipina domestic helper who was forced to do sexual acts by her octogenarian male employer was a victim of human trafficking and forced labour, said the Court of Appeal in a landmark ruling handed down on Feb. 22.

The Filipina, identified only as CB, had sought to challenge the Police’s decision to only file two counts of indecent assault against her male employer, and exclude the more serious offences of trafficking in persons and forced labour.

Her counsel from Patricia Ho and Associates lauded the CA’s decision, saying the court’s findings and observations will provide invaluable guidance to law enforcement and the Department of Justice when they handle similar cases.

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CB said that between September 2018 and April 2019 she was repeatedly sexually assaulted and exploited by her male employer, referred to in the proceedings as “Z”.  With help from a non-government organization, CB filed a complaint to the police against Z in December 2019.

CB provided six videos, four of which she captured on her phone, showing her massaging and touching Z in a sexual way. The two others she retrieved from Z’s computer, and showed two other FDHs called Janice and Chris providing sexual services to the employer, “apparently in a routine manner.” Z could be heard on the video telling the two women how to serve him.

CB also provided three photos which she took. The first showed her massaging a fully naked Z. The second showed the tools which Z asked her to use on him. The third was a page from a photo album that CB found in Z’s bedroom, showing Asian women in “compromising sex positions.”

How? Pindutin ito!

A woman constable, Ms. Mui, concluded that CB was a victim of human trafficking after interviewing her.  However, a senior inspector, Wan Chun Lok, disagreed.

At no point, according to the investigation, was CB told that she was being assessed for human trafficking.

After their investigation, the police charged Z only for two counts of indecent assault. This prompted her solicitors to write to the police to ask why Z was not charged with offences relating to human trafficking, saying that “the charges did not sufficiently represent the gravity and heinousness of the crime committed.”

The police did not reply.

TAWAG NA!

Aggrieved, CB sought leave to apply for a judicial review of the Police’s decision, and named the Commissioner of Police, Secretary for Justice and the Secretary for Security as putative respondents.

In his judgment handed down on April 22, 2022, Judge Russel Coleman granted CB’s application for judicial review.

The judge also granted a declaration that the failure to consider CB a victim of trafficking in persons and/or forced labour were linked to the absence of specific legislation criminalising forced labour.

PINDUTIN ITO

Meanwhile, although Z had in July 2021 been convicted after trial by a magistrate on both counts of indecent assault and sentenced to a total of 30 months’ imprisonment, shortly after Judge Coleman’s decision, the conviction was quashed on appeal by the Court of First Instance on Apr 29, 2022.

In December 2022, Z was acquitted after a re-trial before another magistrate.

In their appeal against Judge Coleman’s decision, the respondents argued that CB cannot properly be considered a victim of human trafficking or forced labour”, and that “no relevant duties of investigations arose” at all.

Ruling against this, the CA reaffirmed its decision in the case of ZN that “a positive duty arises on the part of the Government to carry out investigation once it is aware, or ought to be aware, of circumstances giving rise to a credible suspicion that an identified individual has been, or is at real and immediate risk of being, required to perform forced or compulsory labour”.

Another argument raised by the respondent was that there was no human trafficking involved as Z derived no economic gain.

Again, the CA ruled firmly against this, saying: “In our view the purpose of using another person for one’s own sexual gratification, without any intended economic or commercial gain, can nevertheless amount to a “purpose of exploitation” within the definition of human trafficking”.

The respondents also argued that for trafficking to occur, the recruitment stage must involve prohibited means, such as “use of force”, “abduction”, or “fraud”.

The CA were not convinced, saying the Z’s conduct leading to CB being deceived or misled about the nature of the services required was sufficient.

Another ground cited by the respondents was that there could be no human trafficking as CB was not recruited for the purpose of sexual exploitation or forced labour and was performing FDH duties.

The CA also rejected this argument, upholding the CFI’s finding that it was clear Z recruited CB to perform sexual acts.

Further, the respondents argued that CB willingly continued to work for Z, who also made no threats against her.

In rejecting this argument, the CA said that the “concept of menace of penalty” has to be considered, given the vulnerability of FDHs in Hong Kong.

The court noted that they are often female low-skilled workers from economically disadvantaged countries, employed in a place foreign to them with language and cultural barriers, often working alone and without the company of family and friends, but with a mandatory requirement to live in the employer’s residence. They are dependent on their employers for food, shelter and income, and for their continued stay in Hong Kong.

In its ruling, the CA noted that police officer Wan took a lot of “irrelevant considerations” when he came to the “irrational conclusion” that CB was not a trafficking victim. He misunderstood the law when he thought there should have been prohibited means used against the victim to reach the correct conclusion.

Further, the Police were wrong in accepting a self-serving letter from Janice in exculpating Z, and for not investigating Chris who was also in the videos, only on the basis that she made no  complaint.

Still, the CA said that the errors in law enforcement cannot be attributed to the lack of bespoke law criminalizing human trafficking and forced labour, contrary to Judge Coleman’s ruling.

“Nor are we satisfied that there is such a sizeable pool of like cases as to lead to the conclusion that the operational failures found in this case are a widespread phenomenon rather than an aberration,” said the court.

CB was represented in the case by Senior Counsel Abraham Chan and Albert Wong, on instruction by Patricia Ho and Associates.

The appellants were represented by Jin Pao, SC, and Martin Ho, on instruction by the Department of Justice.

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