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LCQ8: Processing of visa applications for foreign domestic helpers entry into Hong Kong
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    Following is a written reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Tam Heung-man on foreign domestic helpers visa application in the Legislative Council today (November 21):

Question:

     I have recently received a complaint from a member of the public alleging that some foreign domestic helpers ("FDHs") who had been convicted of breaking the law in Hong Kong, after returning to their places of origin, applied to come to work in Hong Kong again using another identity, in order to avoid Hong Kong Government's rejection of their applications.  The member of the public also pointed out that certain terms in the standard employment contract between an employer and a FDH are inconsistent with the relevant provisions in the Employment Ordinance (Cap. 57).  In this connection, will the Government inform this Council whether it will consider:

(a) requiring FDHs to provide fingerprints for processing and approving their visa applications so as to facilitate verification against relevant government records, thereby preventing FDHs with criminal records in Hong Kong from obtaining work visas using another identity; if it will, of the details of implementing the relevant measures; if not, the reasons for that;

(b) amending the relevant legislation to stipulate that only people with no criminal records in Hong Kong will be granted work visas; if it will, of the specific details of the work in amending the relevant legislation; if not, the reasons for that; and

(c) reviewing the above standard employment contract and making appropriate amendments to enable the terms contained therein to be consistent with the requirements in the Employment Ordinance; if it will, of the details of the work in conducting the relevant review and making the amendments; if not, the reasons for that?

Reply:

Madam President,

     Our consolidated reply to the question is as follows:

(a) At present, applicants of visa permit for entry into Hong Kong, including foreign domestic helpers (FDHs), are required to make a declaration to the Director of Immigration as to whether they have changed their names before and whether they have been refused entry into, deported or removed from, or required to leave Hong Kong.  They are required to inform the Immigration Department (ImmD) if they have changed their names.  Any person who knowingly and willfully makes a statement or gives information which he/she knows to be false or does not believe to be true commits an offence under the Immigration Ordinance (the Ordinance) and is liable on conviction on indictment to a fine of $150,000 and to imprisonment for 14 years.  Any relevant visa or entry permit issued shall be invalidated.  In processing and approving visa or entry permit applications, the ImmD will conduct in-depth investigation into suspected cases, such as verifying the identity of an applicant with the overseas authorities concerned.

     Furthermore, under existing requirements, any person (including FDHs) staying in Hong Kong for more than 180 days has to apply to the ImmD for an identity card and has his/her fingerprints recorded.  If FDHs are suspected of furnishing false information about their identity, the ImmD may, for the purpose of criminal investigation, use the fingerprints to further verify the identity of the relevant persons.

(b) In processing applications for entry into Hong Kong, the ImmD will take into account, inter alia, whether the applicants satisfy the requirement of having no known adverse record.  The ImmD will consider and decide each application on a case-by-case basis.  If adverse records (including criminal records) are found, an application will normally be rejected.  As Section 11 of the Ordinance has already provided a legal basis for the ImmD to deny entry of such person to Hong Kong, there is no need for legislative amendments for the purpose of processing these applications.

(c) The Employment Ordinance (Cap. 57) applies equally to local and migrant workers, including FDHs.  Employment of FDHs, who are lower-skilled imported workers, is further governed by the "Employment Contract (For A Domestic Helper recruited from abroad)" ("the Contract").  This is to ensure that these helpers and their employers will have a clear understanding of the terms and conditions of the employment before the helpers arrive in Hong Kong and the employment relationship commences.  Such terms include, amongst other things, the need for employers to provide FDHs with free passage from their place of origin and return passage upon expiry or termination of the Contract and free accommodation.  The Contract serves to protect the helpers from exploitation on the one hand, and safeguard the employer's interest in respect of his/her contractual rights and responsibilities on the other.  Against this background, the Administration considers that this arrangement of having a standard Contract strikes a reasonable balance between the interests of employers and employees.

Ends/Wednesday, November 21, 2007
Issued at HKT 15:01

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