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A spokesperson for the Immigration Department announced that, effective from January 1, 2000, Foreign Domestic Helpers (FDH) shall not take up any driving duties if they are allowed to enter or remain under the new standard employment contract which prohibits motor driving duties. However, to provide an avenue for individual employers who have a genuine need for their FDHs to perform driving duties incidental to and arising from domestic duties, a special arrangement will be introduced on January 3, 2000. All such applications will be considered on its individual merits.
To apply for the exceptional permission, the employer must provide full justifications for the need of driving service and the specific details on an application form which will be signed by both the employer and the FDH. An Addendum to the employment contract stipulating the details should also be completed by both parties. If the case is approved, the Addendum will be affixed on the last page of the Schedule of Accommodation and Domestic Duties to the employment contract to form part of that contract.
"Application forms for the exceptional permission for performance of incidental motor driving duties by FDHs are now available at the Immigration Headquarters and all Immigration branch offices," the spokesperson added.
Applications for exceptional permission to perform motor driving duties may be submitted to the Entry Visa (Workers) Section together with FDH entry visa applications. For applications of renewal of contract or any subsequent application for exceptional permission to perform driving duties after an employment contract becomes current, they should be made to the Extension Section. For exceptional permission sought together with an entry visa or extension of stay application, no extra fee will be levied, apart from the visa/extension of stay fee. But a fee of HK$135 will be charged for an application for the exceptional permission after an entry visa or extension of stay has been issued.
The exceptional permission for performing incidental motor driving duties will be shown in the FDH's passport to form part of the conditions of stay.
"FDHs found contravening the ban or the exceptional permission, will be liable to prosecution under the Immigration Ordinance. Employers found aiding and abetting FDHs to breach the condition of stay will also be liable to prosecution. Upon conviction in either case, the maximum penalty is a fine of HK$50,000 and imprisonment for two years," the spokesperson for the Immigration Department warned.
Administrative sanctions, such as banning employers from participating in the special arrangement and the FDHs from further incidental driving duties will also be imposed where there are sufficient reasons to believe that a malpractice has occurred but there is not enough evidence to pursue the case in court.
Members of the public are welcome to report any suspected case of malpractice or contravention of the ban at complaint hotline number 2824 1551 or fax number 2824 1166.
Enquiries concerning the special arrangement can be made to the Hong Kong Immigration Department on telephone number 2824 6111 or by fax 2877 7711.
End/Saturday, January 1, 2000
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