Traditional Chinese Simplified Chinese Email this article news.gov.hk
LCQ18: Foreign domestic helpers engaging in illegal hawking activities
************************************************************

     Following is a question by the Hon Abraham Shek Lai-him and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (July 14):

Question:

     It has been reported that more than 20 foreign domestic helpers are often seen at Statue Square in Central engaging in hawking activities such as hair cutting and manicure, etc. for their compatriots, which has aroused public concern about whether it is legitimate for them to take up such work and the negative impact of such activities on environmental hygiene in the public area. In this connection, will the Government inform the Council:

(a) of the number of foreign domestic helpers prosecuted since 2008 for violating their conditions of stay in Hong Kong because they were found engaging in illegal hawking activities and, among them, the number of those subject to a removal order as a result;

(b) whether it will consider amending the legislation to impose heavier penalty on foreign domestic helpers engaging in illegal hawking activities in the public area; and

(c) whether it has considered taking any other measure to solve the problem of foreign domestic helpers engaging in hawking activities in the public area with a view to enhancing the mobility, environmental hygiene condition and public safety in the public areas concerned; if so, of the details; if not, the reasons for that?

Reply:

President,

     Statue Square in Central is a venue under the supervision of Leisure and Cultural Services Department (LCSD). According to section 20(1)(c) of the Pleasure Grounds Regulation, Chapter 132BC of the Hong Kong Laws, no person shall in any pleasure ground sell any articles unless authorised. Those who are so convicted are liable to a fine of $2,000 and imprisonment for 14 days. Also, according to section 83(B)(1) and (3) of the Public Health and Municipal Services Ordinance, Chapter 132 of the Hong Kong Laws, no person shall hawk in any streets unless in possession of a valid hawker license. Those who are so convicted are liable to a fine of $5,000 and imprisonment for one month on first conviction, and on subsequent conviction, a fine of $10,000 and imprisonment for six months. In fact, foreign domestic helpers (FDHs) who take up any work outside the FDH employment contract will breach the condition of their stay. According to section 41 of the Immigration Ordinance, Chapter 115 of the Hong Kong Laws, breach of condition of stay is liable to a fine of $50,000 and imprisonment for two years.

     Our responses to the three parts of the question are as follows:

(a) The numbers of FDHs prosecuted for breach of conditions of stay in 2008, 2009 and the first five months of 2010 (i.e. January to May) are 488, 672 and 242 respectively, within which the numbers involved in taking up work outside the FDH employment contract are 110, 140 and 63 respectively. In the same period, the numbers of removal orders issued by the Immigration Department (ImmD) to FDHs who had breached their conditions of stay are 85, 81 and 11 respectively. For the above statistics, ImmD has no breakdowns relating to illegal hawking activities.

(b) At present, Food and Health Bureau does not intend to amend the penalties on illegal hawking in public areas.

(c) LCSD has all along been inspecting the venues under their supervision to combat unlawful activities including illegal hawking. Food and Environmental Hygiene Department has also expressed that it has all along been allocating its manpower resources to combat illegal hawking in light of the actual situation of such activities in districts and complaint figures.

Ends/Wednesday, July 14, 2010
Issued at HKT 15:30

NNNN

Print this page