Matthew Cheung Kin-chung confirms labor laws are strictly applied in Hong Kong and urges Philippine government to exempt city from worldwide suspension of Filipino hiring

The Hong Kong Special Administrative Region Government is highly concerned about recent reports quoting information released by the Philippine consulate-general (CG) alleging that thousands of Filipino domestic helpers in Hong Kong were lured to bogus overseas jobs by local employment agencies (EAs).

The alleged fraudulent activities of such a large scale have never been brought to the SAR government's attention at our regular liaison meetings with the Philippine CG. Nevertheless, we have taken this allegation extremely seriously and are investigating into the matter.

According to the Philippine CG, the recent suspension of issuance of Overseas Employment Certificates (OEC) by the Philippine government arose from its internal investigation against illegal recruitment activities worldwide. The suspension applies worldwide and is not targeted at Hong Kong. The SAR government has requested the Philippine government to consider exempting Hong Kong from the suspension order and to resume issuance of OEC to Filipino domestic helpers coming to Hong Kong as soon as possible.

To help ease the pressure on families affected by the suspension of OEC, we have introduced an exceptional arrangement to allow them to extend the employment period of their existing helpers up to Feb 28 next year while they are awaiting newly employed foreign domestic helpers (FDHs) to report for duty. Those who have special needs for elderly and childcare services may also approach the Social Welfare Department for assistance.

I must emphasize that FDHs working in Hong Kong are offered full protection on par with local workers. These helpers are protected from discrimination on the grounds of nationality, race, religion and sex under the Hong Kong Bill of Rights Ordinance. They enjoy the same statutory employment rights and benefits as local workers. The Standard Employment Contract, a government-prescribed contract used by Hong Kong employers for hiring FDHs, provides further benefits that are not usually available to local workers. FDHs also have full access to services and assistance that the government offers to the local workforce including legal aid.

To further enhance protection of FDHs, the government has stepped up the regulation of EAs in recent years. The Labour Department has increased its manpower to inspect EAs more frequently; issued a Code of Practice for EAs earlier this year; and introduced an amendment bill into the Legislative Council this June to expand the scope of the overcharging offense, to impose substantially heavier penalties for overcharging and unlicensed operation and to give the Code of Practice legal teeth. Anyone convicted of the offense is liable to a maximum imprisonment of three years and fine of HK$350,000.

The SAR government attaches great importance to the rule of law which underpins the success of this vibrant international metropolis. While it is not unlawful for EAs to provide job-placement services to job seekers (including local and migrant workers such as FDHs) for taking up genuine employment overseas, our laws do not allow EAs to charge job seekers commission that is more than 10 percent of their first month's wages. Nor should EAs provide any false or misleading information to job seekers, including fake jobs and false description of job duties, etc. We treat every complaint seriously and take swift and firm enforcement action against any unlawful act. In fact, in the past five years, the Labour Department has successfully prosecuted five EAs involved in charging job seekers exorbitant fees for overseas placement and revoked or refused to renew the licenses of four EAs. The police also take prompt enforcement action against any suspected frauds.

Meanwhile, the Labour Department has set up a dedicated task force to step up surveillance and handle cases of suspicious overseas placements. The government will spare no efforts to stamp out such illegal activities and bring those responsible to justice.

We will continue to step up publicity and education to prevent FDHs from falling victim to overseas recruitment frauds. A new leaflet has already been introduced to remind FDHs of job traps. We encourage FDHs who suspect themselves of falling prey to bogus overseas job offers to report to the government for assistance and investigation.

I would also like to remind employers not to bring their FDHs to work in places outside Hong Kong, including the Chinese mainland. FDHs are admitted to perform domestic duties in Hong Kong only and shall only reside in their employers' residence. Employers who bring their FDHs to work outside Hong Kong are in breach of their undertakings in the Standard Employment Contract and visa application form. Such an act may be deemed as making false representation to an immigration officer and is liable on conviction to a maximum fine of HK$150,000 and imprisonment of 14 years. Their future applications for employing FDHs may also be refused.

Hong Kong prides itself on being a favored place of work for FDHs as witnessed by their ever-growing population, now reaching an all-time high of over 360,000. With our aging population, the demand for domestic support will only increase in the years ahead. FDHs now make up a significant 9 percent of our workforce and contribute to Hong Kong's socio-economic development. We should and will ensure the full protection of their labor rights and safety.

(HK Edition 11/29/2017 page7)