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Following is a question by the Hon Choy So-yuk and a reply by the Secretary for Security, Mr Peter Lai, in the Legislative Council today (Wednesday) :
Question :
It is learnt that tens of thousands of foreign domestic helpers are overstaying in Hong Kong. In this connection, will the Government inform this Council :
(a) of the number of foreign domestic helpers who are currently overstaying in Hong Kong;
(b) of the number of cases in which overstaying foreign domestic helpers were discovered, in each of the past 3 years and, among them, the numbers which are discovered as a result of on-the-street stop and search operations;
(c) of the measures it has adopted to combat the problem of foreign domestic helpers overstaying in Hong Kong; and the effects of these measures; and
(d) whether it will consider imposing heavier penalties on the overstaying foreign domestic helpers in order to achieve a deterrent effect?
Reply:
Madam President,
(a) As at 31 May 1998, our record shows that there were 4,982 foreign domestic helpers (FDHs) overstaying in Hong Kong. This figure refers to FDHs whose contracts have been prematurely terminated. We do not keep statistics on the number of FDHs who overstayed after their contract had run its course. From experience, the number of such overstayers was not high.
(b) The total number of FDH overstayers investigated by Immigration Department in
the past years are :
1995 1996 1997 1998 (Jan-May)
2,056 1,858 1,584 317
Among them, the number of FDH overstayers arrested by police on patrol are as follows :
1995 1996 1997 1998 (Jan-May)
107 334 114 37
Most of the overstayers were discovered during anti-illegal worker operations, at immigration control points or when the FDHs surrendered themselves.
(c) The major purpose of FDHs overstaying in Hong Kong is to take up illegal employment. We have introduced different measures to tackle the problem of overstaying and illegal employment of FDHs. These include :
(i) the procedures for entry visa application have been tightened up with a view to ensuring that dishonest applications can be screened out at the outset;
(ii) FDHs and their employers are served with notices or letters to remind them of the requirement to report to the Immigration Department within seven days of their contract termination;
(iii) publicity has been stepped up to spread the message that hiring illegal workers is a criminal offence;
(iv) members of the public have been encouraged to report illegal employment by using the Immigration Department Hotline or Fax line;
(v) "W" prefix identity cards have been issued to foreign domestic helpers applying for a new or replacement identity card to facilitate prospective employers and law enforcement officers in determining their employability;
(vi) to facilitate the prosecution of employers of contract workers, legislative amendment was made on 25 October 1996 to redefine lawfully employable persons and to require employers to inspect the travel document of job seekers who are not holders of Hong Kong permanent identity cards;
(vii) enforcement action has been stepped up against foreign domestic helpers taking up or employers offering part-time work and other unauthorised work; and
(viii) the level of penalties imposed on illegal workers and employers is closely monitored. Cases where the sentence is manifestly inadequate will be identified for seeking a review by the court.
(d) Foreign domestic helpers who have overstayed are prosecuted for breach of condition of stay under Section 41 of the Immigration Ordinance which carries a maximum penalty of a HK$50,000 fine and imprisonment for 2 years. The maximum fine was increased from HK$5,000 to the present level in January 1996. The present penalties are generally considered adequate, and there are no plans at this stage to raise them further. However, we will keep this under review.
End/Wednesday, July 15, 1998
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