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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (November 16):
Question:
Recently, I have received many complaints from members of the public that some foreign domestic helpers whose employment contracts had been terminated prematurely had stayed in Hong Kong for a long period of time on the grounds that they had disputes with their employers over the employment contracts. In this connection, will the Government inform this Council of:
(a) the number of cases in which foreign domestic helpers extended their stay in Hong Kong on the above grounds in each of the past three years and the duration of their stay; and
(b) the measures to prevent the above situation?
Reply:
Madam President,
(a) The statistics relating to foreign domestic helpers (FDHs) applying for extension of stay in Hong Kong to deal with contractual disputes are as follows:
(A) (B)
Year No. of applications No. of applications
for extension of for extension of stay
stay for attending for attending hearings
conciliation meeting of Labour Tribunal or
arranged by Labour Minor Employment Claims
Department Adjudication Board
---- ---------------------- ------------------------
2003 1,835 2,431
2004 1,932 1,865
2005 1,393 1,420
(Jan-Oct)
The above statistics only reflect the number of applications but not the actual number of applicants. An applicant may apply for extension of stay more than once (e.g. he/she may apply for further extension of stay before his/her extended stay expires). Besides, if an applicant under Column (A) cannot have his/her case settled at the conciliation stage, he/she may subsequently submit his/her claim to the arbitral bodies under Column (B) and hence apply for extension of stay again.
Under the existing policy, if the employment contract of an FDH is terminated prematurely, the FDH is permitted to stay in Hong Kong for two weeks or the remainder of his/her limit of stay, whichever is earlier. In the event that an FDH is involved in a labour dispute and has to stay in Hong Kong for this purpose, he/she must apply to the Immigration Department for an extension of stay in Hong Kong. The Immigration Department will carefully consider the application and may allow, where appropriate, the FDH to continue to stay in Hong Kong as a visitor until the conclusion of the proceedings and the outcome is available. The period of extension granted depends on the nature and progress of the case and normally ranges from a few days to a few weeks. Under special circumstances, the Immigration Department may consider granting an extension period of not more than two months to applicants who have genuine needs.
(b) All applications for extension of stay must be supported by valid and sufficient reasons and related documentary proof. FDHs applying to stay in Hong Kong to pursue contractual disputes must produce documents issued by the competent authorities, e.g. the Labour Department or the Labour Tribunal to prove that their cases are under processing. FDHs staying in Hong Kong as visitors are not allowed to take up any employment, whether paid or unpaid. If an FDH contravenes a condition of stay, he/she is guilty of an offence and is liable on conviction to a fine of level five (HK$ 50,000) and to imprisonment for two years.
Ends/Wednesday, November 16, 2005
Issued at HKT 16:01
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