hong kong

 

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summary
 

1. at a glance

2. ratification status of relevant conventions

3. overview of migration

4. relevant policies

5. issues

6. responses

7. useful links

8. references

9. bibliography

 
at a glance 

 

Total number of migrants in the country:

Total: Imported Workers: 2,976 (as of Dec 2013)[1] and Migrant Domestic Workers: 331,989 (as of Feb 2015)[2] 

Men: ≈2% of migrants (exact figures unknown)

Women: ≈98% of migrants (exact figures unknown)[3]

 

Key countries of origin (with number of migrants):

1. Philippines: 173,726 (50%)[4] 

2. Indonesia: ≈150,000 (47%)[5] 

3. Thailand

4. Sri Lanka

5. Nepal

 

Key work sectors employing migrant workers (with number of migrants employed):

Imported Workers: Elderly care, construction work

Migrant Domestic Workers: Domestic work

 

Types of visas: 

1. Employment as Professionals (EAP)

- Immigration Arrangement for Non-local Graduates

- General Employment Policy

- Admissions Scheme for Mainland Talents and Professionals

- Mainland Professionals Residing Overseas

2. Training

3. Working Holiday Scheme

4. Employment as Imported Workers

- Supplementary Labour Scheme

5. Employment as Domestic Helpers

6. Others

- Quality Migrant Admission Scheme

- Capital Investment Entrant Scheme

 

Minimum wage in the country: 

General: HKD32.5 / hour (USD4.19 / hour)[6] [applies to all classes of migrant workers aside from MDWs]

MDWs: HKD4,100 / month (USD530.15 / month)[7]

 

Application of the minimum wage to migrant workers: 

Generally: Yes

MDWs: Yes

 

Maternity protection is applied to migrant women: 

Generally: Yes

MDWs: Yes

 

National labour laws are applied to migrant labour: 

Generally: Yes

MDWs: Yes

 

Migrants are covered by Social Security or equivalent:

Generally: Yes

MDWs: No

 

Migrants can join a trade union:

Generally: Yes

MDWs: Yes

 

Migrants can form a trade union:

Generally: Yes

MDWs: Yes

 

Path to permanent residency:

Generally: Yes

MDWs: No

 

Path to citizenship: 

Generally: Yes

MDWs: No

 

Migrants’ children can access public schools:

Generally: Yes

MDWs: Yes (if the child fulfils the residency requirement)[8]

 

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ratification status of relevant conventions

Hong Kong is a Special Administrative Region of China; therefore, indications below refer to when the relevant conventions have been applied to Hong Kong. Most conventions applied by the UK Government prior to 1997 have been continued by the Chinese Government following the handover.

 

International Covenant on Civil and Political Rights: Yes, 1976. The ICCPR as applied to Hong Kong continues to apply after 1997, and is enshrined in Article 39 of the Basic Law. It is locally incorporated through the Bill of Rights Ordinance (Cap. 383).

 

International Covenant on Economic, Social and Cultural Rights: Yes, 1976. The ICESCR as applied to Hong Kong continues to apply after 1997, and is enshrined in Article 39 of the Basic Law. However, unlike the ICCPR, it has not been locally incorporated through legislation.

 

International Convention on the Elimination of All Forms of Racial Discrimination: Yes, 1969

 

Convention on the Elimination of All Forms of Discrimination against Women: Yes, 1996

 

CConvention on the Rights of the Child: Yes, 1994

 

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families: No

 

ILO29 (Forced Labour): Yes, 1931

 

ILO105(Forced Labour): Yes, 1959

 

ILO87 (Freedom of Association): Yes, 1963

 

ILO98 (Collective bargaining): Yes, 1975

 

ILO100 (Equal renumeration): Yes, 1981

 

ILO111 (discrimination in employment and occupation): No. Although China has ratified ILO 111, the Convention has not been applied to Hong Kong.[1]

 

ILO97 (Migration): Yes, 1980

 

ILO143 (Migrant Worker): No

 

ILO189 (Domestic Worker): No

 

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overview of migration
 

The Hong Kong Government categorises migrant workers into six main categories:

(a) professionals and investors;

(b) Mainland talents and professionals;

(c) overseas Chinese professionals;

(d) non-local graduates;

(e) imported workers; and

(f) foreign domestic helpers [migrant domestic workers].[1]

 

Migrant Domestic Workers (“MDWs”) make up the largest group of migrant workers in Hong Kong.

 

(a-c) Professionals and investors / Mainland talents and professionals / Overseas Chinese professionals

 

The General Employment Policy permits individuals from various sectors who possess “special skills, knowledge or experience of value not readily available in the HKSAR” to apply for employment visas.[2] Similarly, under the Admission Scheme for Mainland Talents and Professionals, qualified Mainland residents may come to Hong Kong for employment to bolster local needs.[3] Mainland professionals who have been living overseas for a minimum of a year prior to application may also come to Hong Kong for employment.[4]

Such “migrant workers” attached to private sector companies in Hong Kong are more often referred to as “expatriates” to which all statutory labour standards apply without exception. As non-permanent residents of Hong Kong, such professionals may obtain permanent residency and the right to abode if they have ordinarily resided in Hong Kong for a period of at least seven years.[5] As far as the laws are concerned, they enjoy virtually all rights applicable to both local and migrant workers and have access to ample legal protection. The sole potential difficulty faced by specifically non-Chinese professionals working in Hong Kong is, if they so desire, naturalisation as a Chinese citizenship (which would entitle them to a Hong Kong passport); Reports suggest that applications are frequently discouraged or unsuccessful.

 

(d) Non-local graduates

 

Under the Immigration Arrangements for Non-local Graduates, non-local students who have obtained a degree or higher-educational qualification in a full-time local programme may apply within a year of their graduation to stay and work in Hong Kong.[6] Applicants who apply for the scheme within six months of their graduation do not require an offer of employment to apply.[7] All comments with regards to professionals (above) apply.

 

(e) Imported workers

 

“Imported workers” may migrate to Hong Kong under the Supplementary Labour Scheme, which was introduced in 1996.[8] Workers admitted under the Scheme are granted a 12-month visa which may be renewed for a two-year contract.[9] At the end of 2013, there were 2,976 imported workers present in Hong Kong.[10] The general policy is that migrant workers may only be deployed where employers are unable to obtain local manpower, for employment at “technician level or below”[11]; however, due to the Government’s policy of protecting local manpower, there is a list of 26 excluded job categories for which labour cannot be hired under this scheme.[12] The sectors into which workers are commonly hired as imported labour include elderly homes and construction work.[13]

As with MDWs (below), imported workers are subjected to strict regulations relating to alternate employment. Imported workers may only work directly under their specified employer at their specified place of work; their work cannot be contracted out to others.[14] Workers admitted into Hong Kong under the Supplementary Labour Scheme are also subjected to a “two-week rule”, which stipulates that in the event that their contract is prematurely terminated by notice or wages in lieu of noticed, they will only be permitted to stay in Hong Kong for 14 days.[15]

 

(f) Migrant domestic workers (“MDWs”)

 

Overview

 

Migrant domestic workers (referred to as “foreign domestic helpers” by the Immigration Department) are employed within local families to perform domestic work. Common tasks include child or elderly care, cooking meals, cleaning and other household chores traditionally undertaken by females. A significant number of families rely on their MDWs in taking case of domestic chores and freeing the female members of their families to be able to work outside. As of February 2015, there are 331,989 MDWs in Hong Kong.[16] Accounting for 3-4% of the local population and predominantly female,[17] the vast majority of domestic workers come from the Philippines (50%) and Indonesia (47%) while a smaller number of workers come from countries such as Thailand, Sri Lanka and Nepal. Recent attempts by the Government to secure quotas of MDWs from Myanmar and Bangladesh have run dry.[18]

 

High-profile cases of extreme abuse involving MDWs – most notably the case of Erwiana Sulistyaningih[19] – have renewed local and international concerns regarding the maltreatment of MDWs in Hong Kong by both employers and recruitment agencies. Exploring rampant incidences of debt bondage involving MDWs and loan companies in its 2013 publication, Exploited for Profit, Failed by Governments, Amnesty International heavily criticised and condemned the “slavery-like” conditions suffered by MDWs.[20] Earlier in 2005 and 2008, through the publication entitled Underpayment, which covered the sample study of more than 1,000 Indonesian respondents in 2005 and 2,000 in 2008, Asian Migrant Centre had strongly condemned the practice as “systematic extortion” of domestic workers, particularly of Indonesian migrants.[21] Amnesty’s study echoed much of the issues raised in these studies.

 

Recruitment Process

 

MDWs typically obtain employment contracts with local employers through the intermediary services of recruitment agencies from both their home country and Hong Kong. Indeed, Indonesian MDWs seeking domestic work overseas are statutorily required to apply through government-approved private recruitment agencies;[22] while there is no equivalent stipulation for Filipina MDWs, although local agencies processing workers from the countries must be accredited by the Philippine consulate.[23]  Such recruitment agencies have agreements with local placement agencies in Hong Kong, so they work in tandem to train and transport MDWs from their home country to the city. Employers who fulfil the relevant conditions in relation to household income enter usually select MDWs from an agency and enter into a “Standard Employment Contract” (below).[24]

 

Standard Employment Contract

 

To secure an offer of employment, MDWs must enter into a two-year “Standard Employment Contract”, which sets out the contractual responsibilities and entitlements of both employer and worker.[25] Contractual provisions in the Standard Employment Contract include, inter alia, the employer’s obligation to provide their MDW with suitable accommodation and the MDW’s entitlement to all rest days and statutory holidays.[26] Employers may not enter into alternate contracts with MDWs, as such contracts will not be legally enforceable in Hong Kong.[27] Aside from those contractual rights contained in the Standard Employment Contract, labour protections conferred by the Employment Ordinance (Cap. 57) and Employment Agency Regulations (Cap. 57A) extend to MDWs.[28]

 

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relevant policies

 

Statutory minimum wage

 

The current minimum wage for MDWs is currently set at HKD$4,110 (USD$530)[29] and applies to all contracts signed on or after October 1, 2014.[30]

 

Live-in requirement

 

Since the amendment of the immigration policy in 2003, MDWs are contractually required to live and work in their employer’s residence, except for those who had the live-out arrangement prior to 2003 and who have continuously worked with the same employer.[31]; employers have a corresponding duty to furnish their workers with an appropriate living space. The cited rationale behind the live-in requirement is to ensure “provision of a full-time, live-in domestic service” for Hong Kong residents. Along with the “two-week” rule, this has been speculated to suggest a government policy to prevent” job-hopping or the undertaking of “illegal work” in Hong Kong.[32]

The live-in requirement has resulted in a number of problems for MDWs. Firstly, as the policy implies that MDWs must work for extended periods of time within close proximity of their employer’s home, there have been concerns of increased vulnerability to exploitation and abuse.[33] Secondly, despite employers being contractually obliged to provide suitable accommodation with “reasonable privacy” for MDWs[34], the government has yet to establish the mechanism to enforce this. Hence, it is not uncommon for MDWs to share rooms with young children or elderly persons, or even non-designated rooms such as kitchens, toilets and corridors.[35]

 

Two-week rule

 

Since 1987, MDWs have been subjected to a “two-week rule” to the effect that following completion or termination of a contract, MDWs may not remain in Hong Kong but must within 14 days return to their country of origin.[36] The original rationale behind the rule in 1987 was to prevent “job-hopping”; in other words, MDWs prematurely terminating their contract to undertake illegal work.[37] The Government continues to retain the rule on the basis that MDWs should not be able to switch employers easily, despite the lack of empirical evidence of such behavioural tendencies.

 

The rule has been criticised as being discriminatory and heavily disadvantageous to workers by numerous international human rights bodies including HRC, CERD, CEDAW and ILO[38], as well as local advocate groups for MDWs.[39] The imposition of the two-week rule makes it extremely difficult for contracts which have been wrongfully terminated virtually impossible to initiate a Labour Tribunal case against their previous employer or locate a new employment contract.[40] The rule has been described as a “barrier to justice”[41]; given legal action would take two months to start – let alone pursue to completion –proceedings against an employer or an agency, it is not possible for an MDW to do so without paying for multiple visa extensions during which time, they are not allowed to work.[42] The Government itself rationalises the “two-week rule” as intended to allow MDWs time to prepare for return to their country of origin rather than to assist them in finding new employment.[43]

 

The “two-week rule” is a policy that places MDWs in a vulnerable position vis-à-vis their employer; given that any termination of contract means returning to their home country, MDWs may be more willing to suffer in silence to retain their jobs.

 

No permanent residency

 

In 2013, the Court of Final Appeal in Hong Kong in the Vallejos case held that MDWs did not have the right to apply for permanent residency, on the interpretation that such groups of workers are not “ordinarily resident” due to the requirement that they return to their country of origin following the completion of each contract.[44]

 

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issues

 

Forced labour and debt bondage

 

Despite the wide range of labour protections conferred contractually and statutorily on MDWs by their Standard Contract and Employment Ordinance (Cap. 57), MDWs are vulnerable to situations of forced labour and debt bondage created by commonplace agency malpractices.

 

While by virtue of the Employment Agency Regulations (Cap. 57A), local employment agencies are permitted to charge up to 10 per cent of an MDW’s first month’s wages (HKD$411 or USD$53) as a placement commission[45], interviews conducted by Amnesty International have thrown into the light common incidences of MDWs making compulsory payments of HKD$3,000 for up to seven months of their employment, to a total of HKD$21,000.[46] Due to the statutory limitation on chargeable commissions, it has been reported that the actual loans – which represent not only placement but also training and miscellaneous fees relating to partner recruitment services from the MDW’s place of origin – are settled monthly to a third-party loan company, or through salary deduction.[47] The fact that many MDWs are not actually paid the minimum wage of $4,110 / month, coupled with common agency malpractices such as identity document confiscation means that workers are left in a vulnerable position vis-à-vis their employers, who due to their weak financial position are frequently unable to negotiate with them on equal terms. Until their debts are repaid, MDWs are effectively forced to work to settle loans they may not have been aware of prior to employment.

 

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responses

 

To settle contract-related monetary claims (e.g. underpayment of wages, unpaid miscellaneous fees), MDWs may file a claim at the Labour Department’s Labour Relation Services (LRS).[48] The LRS sets up a “conciliation meeting” between the MDW and the employer on a date set by a Labour Department officer, in which a settlement may be offered by the employer.[49]

 

For incidences of employment agency malpractices (e.g. overcharging, identity document confiscation), MDWs may file a complaint with the Labour Department’s Employment Agencies Administration (EAA) within 6 months of the alleged statutory offence.[50] In addition, MDWs may approach the Small Claims Tribunal or the Police for help in recovering placement fees in excess of the statutory limit.

 

However, as suggested above, the “two-week rule” may render it difficult for MDWs to pursue a full legal action.

 

A number of Hong Kong-based charities and non-governmental organisations provide support in the form of shelter, legal advice, counselling, research and advocacy to improve the rights of MDWs.

 

On a positive note, migrant domestic workers in Hong Kong are allowed to form and register trade unions and hence organising and unionising of migrant workers in Hong Kong has been relatively strong. Many migrant trade unions and associations form alliances or coalition through which they carry out a number of campaigns.

 

Since the 1990s, migrants’ organisations and advocacy groups have called for the abolition of the “two-week rule”. Since the introduction of the mandatory live-in requirement in 2003, migrants and their advocates have also highlighted problems arising from the requirement, and called for the revision of this policy. More recently, migrant trade unions are lobbying for the Hong Kong Government to apply locally the principles enshrined under the ILO’s Domestic Workers Convention (No. 189).

 

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useful links
 

Immigration Department:

http://www.immd.gov.hk/eng/index.html

 

Labour Department:

http://www.labour.gov.hk/front.htm

 

HK Helpers Campaign:

http://hkhelperscampaign.com/en/

 

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references
 

at a glance 

 

[1] Information Services Department, (16 April 2014), “LCQ1: Supplementary Labour Scheme”, Press Releases. Available at: http://www.info.gov.hk/gia/general/201404/16/P201404160612.htm (Accessed 1 July 2015).

 

[2] Mandap, D (17 April 2015), “Number of Filipino domestic workers in HK at all-time high”, Rappler. Available at: http://www.rappler.com/move-ph/balikbayan/90186-filipino-domestic-workers-hk (Accessed on 26 June, 2015). Figures obtained from the Hong Kong Immigration Department at the end of February 2015.

 

[3] In 2012, there were 303,077 female MDWs (98.44%) in comparison to 4,808 male MDWs (1.56%). Data taken from Women’s Commission (2013), “1.4 Foreign Domestic Helpers by Sex”, Hong Kong Women in Figures 2013, p3. Available at: http://www.women.gov.hk/download/research/HK_Women2013_e.pdf (Accessed on 26 June, 2015).

 

[4] Mandap, D. (2015) Figures obtained from the Hong Kong Immigration Department at the end of February 2015.

 

[5] Mandap, D. (2015) Approximate figures only.

 

[6] Labour Department (2015), “Statutory Minimum Wage”, Public Services – Employees’ Rights & Benefits. Available at: http://www.labour.gov.hk/eng/news/mwo.htm (Accessed 3 July 2015).

 

[7] Information Services Department (30 September 2014), “Minimum Allowable Wage and food allowance for foreign domestic helpers to increase”, Press Releases. Available at http://www.info.gov.hk/gia/general/201409/30/P201409300619.htm. (Accessed on 26 June 2015).

[8] Yao L., (19 July 2013), “Pregnant with disaster”, China Daily. Available at: http://www.chinadailyasia.com/news/2013-07/19/content_15079090.html (Accessed 3 July 2015). 
 

ratification of relevant conventions

 

[1] International Trade Union Confederation (ITUC) (13/15 December 2006), “Internationally-Recognised Core Labour Standards in Hong Kong”, Report for the WTO General Council Review of Trade Policies of Hong Kong. Available at: http://www.ituc-csi.org/IMG/pdf/Core_Labour_Standards_in_Hong_Kong_CLS_report_2006_-final.pdf (Accessed on 29 June 2015).

 

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[1] Legislative Council Secretariat (2010) “Protection of the Rights of Migrant Workers in the Hong Kong Special Administrative Region – LC Paper No. CB(2)2617/10-11(11)”, Information Paper provided by the delegation of the Legislative Council of the Hong Kong Administrative Region of the People’s Republic of China. Available at: http://www.legco.gov.hk/yr10-11/english/panels/mp/papers/mp0916cb2-2617-1-e.pdf (Accessed on 2 July 2015)

 

[2] Legislative Council Secretariat (2010), p2.

 

[3] Legislative Council Secretariat (2010), p2.

 

[4] Legislative Council Secretariat (2010), p3.

 

[5] Article 24(2) and (3), “Chapter III – Fundamental Rights and Duties of the Residents”, The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. Available at: http://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html

 

[6] Legislative Council Secretariat (2010), p3.

 

[7] Legislative Council Secretariat (2010), p3.

 

[8] Legislative Council Secretariat (2010), p3.

 

[9] Immigration Department (2012), “Chapter 1 – Visas and Policies”, Annual Report 2012. Available at http://www.immd.gov.hk/publications/a_report_2012/en/ch1/index.htm (Accessed 26 June 2015).

 

[10] Information Services Department (2013), “Chapter 6 – Employment”, Hong Kong Yearbook, ISD: Hong Kong (ed. M, S.) Available at: http://www.yearbook.gov.hk/2013/en/pdf/Credits.pdf.

 

[11] Immigration Department (2014), “Introduction”, Guidebook for Employment as Imported Workers in Hong Kong. Available at: http://www.immd.gov.hk/pdforms/ID%28E%291002.pdf (Accessed 1 July 2015).

 

[12] Labour Department, How to Apply under the Supplementary Labour Scheme (pamphlet), Annex (p9). Available at: http://www.labour.gov.hk/eng/form/eform/sld/note/EF0601/Pamph.pdf

 

[13] Information Services Department (16 April 2014), “LCQ9: Importation of construction workers”, Press Releases. Available at: http://www.info.gov.hk/gia/general/201404/16/P201404160610.htm (Accessed 3 July 2015).

 

[14] Immigration Department (2014), “Other Information”, Guidebook for Employment as Imported Workers in Hong Kong. P6. Available at: http://www.immd.gov.hk/pdforms/ID%28E%291002.pdf (Accessed 1 July 2015).

 

[15] Immigration Department (2014), P6.

 

[16] Mandap, D. (2015)

 

[17] Women’s Commission (2013)

 

[18] Siu, P (9 August 2014), “Hong Kong faces shortage of domestic helpers as Myanmese, Bangladeshi maids quit early”, South China Morning Post. Available at: http://www.scmp.com/news/hong-kong/article/1570004/hk-faces-growing-helper-shortage-myanmar-and-bangladesh-workers-quit?page=all (Accessed 29 June 2015).

 

[19] Associated Press in Hong Kong (27 February 2015), “Employer in Hong Kong maid abuse case is sentenced to six years’ jail”, The Guardian. Available at: http://www.theguardian.com/world/2015/feb/27/hong-kong-court-sentences-woman-to-6-years-in-prison-for-abusing-indonesian-maid-0 (Accessed June 29, 2015).

 

[20] Amnesty International (2013), Exploited for Profit, Failed by Governments, Amnesty International Ltd: London. Available from Amnesty International’s website at http://www.amnesty.org.

 

[21] Asian Migrant Centre, “Underpayment: Systematic Extortion of Indonesian Migrant Workers in Hong Kong, an In-Depth Study of Indonesian Labor Migration in Hong Kong”, August 2005. Available at: http://www.asianmigrantcentre.org/underpayment-2005. Also see Asian Migrant Centre, “Underpayment 2: The Continuing Systematic Extortion of Indonesian Migrant Workers in Hong Kong, an In-Depth Study”. 2008. Available at: http://www.asianmigrantcentre.org/underpayment-2008.

 

[22] Amnesty International (2013), p19. (“Role of Recruitment Agencies and Brokers”)

 

[23] APL-HK and PLU (15 April 2013), “License to Exploit: A Report on the Recruitment Practices & Problems experienced by Filipino Domestic Workers in Hong Kong – LC Paper No. CB(2)1356/12-13(15). Available at: http://www.legco.gov.hk/yr12-13/english/panels/mp/papers/mp0618cb2-1356-15-e.pdf

 

[24] “Employing Foreign Domestic Helpers in Hong Kong”, AngloInfo. Available at: http://hongkong.angloinfo.com/information/housing/setting-up-home/employing-staff/ (Accessed 3 July 2015).

 

[25] Labour Department (30 September 2014), “Frequently Asked Questions”, Public Services Policy Support. Available at: http://www.labour.gov.hk/eng/plan/FAQ.htm (Accessed June 26, 2015).

 

[26] Immigration Department (3 March 2015), “ID407: Employment Contract for a Domestic Helper Recruited from Outside Hong Kong – English Version). Accessible at: http://www.immd.gov.hk/eng/forms/forms/id407.html (Accessed on 29 June 2015).

 

[27] Labour Department (2013), “On First Employment”, Practical Guide for Employment of Foreign Domestic Helpers – What Foreign Domestic Helpers and their Employers should know. Accessible at: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf (Accessed on 29 June 2015).

 

[28] Labour Department (30 September 2014).

 

[29] “Minimum Allowable Wage and food allowance for foreign domestic helpers to increase”, Press Releases. Available at http://www.info.gov.hk/gia/general/201409/30/P201409300619.htm. (Accessed on 26 June 2015).

 

[30] Labour Department, (2015).

 

[31] Immigration Department (3 March 2015), Clause 3.

 

[32] Labour and Welfare Bureau, Labour Department & Immigration Department (February 2014), “Policies Relating to Foreign Domestic Helpers and Regulation of Employment Agencies – LC Paper No. CB(2)870/13-14”, Legislative Council Panel on Manpower, p5.

 

[33] RTHK (23 January 2014), “Call for Review of “Live-in” Requirement”, RTHK English News, available at: http://rthk.hk/rthk/news/englishnews/20140123/news_20140123_56_979757.htm (Accessed 3 July 2015).

 

[34] Immigration Department, “Revised Schedule of Accommodation and Domestic Duties” (standard contract). Available at: http://www.knp.hk/doc/change%20address.pdf (Accessed on 29 June 2015).

 

[35] HK Helpers Campaign (30 January 2015), “BLOG – ‘Live-in’ Rule Hurts Helpers & Employers”. Available at http://hkhelperscampaign.com/en/live-in-rule-hurts-helpers-employers/ (Accessed 29 June 2015)

 

[36] Asian Migrant Centre (2000), Asian Migrant Yearbook 2000. (Accessed on 3 July 2015).

 

[37] Connelly, R.J. (12 February 2014), “Submission on “Policies relating to foreign domestic helpers and regulation of employment agencies” – for Legco Panel on Manpower, 21 February 2014 – LC Paper No. CB(2)870/13-14(14), available at: http://www.legco.gov.hk/yr13-14/english/panels/mp/papers/mp0227cb2-870-14-e.pdf (Accessed 3 July 2015).

 

[38] Connelly, R.J. (12 February 2014)

 

[39] Grundy, T., “1. Scrap the 2-Week Rule”, HK Helpers Campaign – A Campaign for Hong Kong’s Domestic Workers, available at: http://hkhelperscampaign.com/en/scrap-the-2-week-rule/ (Accessed 3 July 2015).

 

[40] Grundy, T.

 

[41] Amnesty International, p11.

 

[42] Grundy, T.

 

[43] Information Services (14 November 2014), “Government welcomes concluding observations made by UN Committee on CEDAW”, available at: http://www.info.gov.hk/gia/general/201411/14/P201411140445.htm (Accessed 3 July 2015).

 

[44] Chiu, A. and Moy, P. (25 March 2013), “Foreign helpers’ plea for permanent residency fails”, South China Morning Post, available at: http://www.scmp.com/news/hong-kong/article/1199312/hong-kongs-top-court-rejects-domestic-helpers-appeal-permanent?page=all (Accessed 3 July 2015).

 

[45] Second Schedule of Employment Agency Regulations (Cap. 57A).

 

[46] Amnesty International (2013), p62.

 

[47] Sheridan Prasso & Cathy Chan (13 November 2012), “Indentured Servitude in Hong Kong Abetted by Loan Firms” Bloomberg, available at http://www.bloomberg.com/news/2012-11-13/indentured-servitude-in-hong-kong-abetted-by-loan-firms.html (Accessed 3 July 2015).

 

[48] Labour Department, “Conciliation Service of the Labour Relations Division”, Labour Department, available at: http://www.labour.gov.hk/eng/public/wcp/ConciliationServiceLRD.pdf (Accessed on 9 July 2015), p1.

 

[49] Labour Department (2014).

 

[50] Labour Department (2014), “Employment Agencies Administration”, Labour Department, available at: http://www.labour.gov.hk/eng/service/content4_2.htm (Accessed on 3 July 2015).

 

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bibliography
 
  1. Amnesty International (2013), Exploited for Profit, Failed by Governments, Amnesty International Ltd: London. Available from Amnesty International’s website at http://www.amnesty.org.

  2. APL-HK and PLU (15 April 2013), “License to Exploit: A Report on the Recruitment Practices & Problems experienced by Filipino Domestic Workers in Hong Kong – LC Paper No. CB(2)1356/12-13(15). Available at: http://www.legco.gov.hk/yr12-13/english/panels/mp/papers/mp0618cb2-1356-15-e.pdf

  3. Associated Press in Hong Kong (27 February 2015), “Employer in Hong Kong maid abuse case is sentenced to six years’ jail”, The Guardian. Available at: http://www.theguardian.com/world/2015/feb/27/hong-kong-court-sentences-woman-to-6-years-in-prison-for-abusing-indonesian-maid-0 (Accessed June 29, 2015).

  4. Chiu, A. and Moy, P. (25 March 2013), “Foreign helpers’ plea for permanent residency fails”, South China Morning Post, available at: http://www.scmp.com/news/hong-kong/article/1199312/hong-kongs-top-court-rejects-domestic-helpers-appeal-permanent?page=all (Accessed 3 July 2015).

  5. Connelly, R.J. (12 February 2014), “Submission on “Policies relating to foreign domestic helpers and regulation of employment agencies” – for Legco Panel on Manpower, 21 February 2014 – LC Paper No. CB(2)870/13-14(14), available at: http://www.legco.gov.hk/yr13-14/english/panels/mp/papers/mp0227cb2-870-14-e.pdf (Accessed 3 July 2015).

  6. “Employing Foreign Domestic Helpers in Hong Kong”, AngloInfo. Available at: http://hongkong.angloinfo.com/information/housing/setting-up-home/employing-staff/ (Accessed 3 July 2015).

  7. Employment Agency Regulations (Cap. 57A).

  8. Grundy, T., “1. Scrap the 2-Week Rule”, HK Helpers Campaign – A Campaign for Hong Kong’s Domestic Workers, available at: http://hkhelperscampaign.com/en/scrap-the-2-week-rule/ (Accessed 3 July 2015).

  9. HK Helpers Campaign (30 January 2015), “BLOG – ‘Live-in’ Rule Hurts Helpers & Employers”. Available at http://hkhelperscampaign.com/en/live-in-rule-hurts-helpers-employers/ (Accessed 29 June 2015)

  10. Hong Kong Economy (2014), “Female labour supply in Hong Kong: child care responsibilities and decision to work”, Half-yearly Economic Report 2014. Available at: http://www.hkeconomy.gov.hk/en/pdf/box-14q2-5-1.pdf (Accessed 29 June 2015).

  11. Immigration Department (2012), “Chapter 1 – Visas and Policies”, Annual Report 2012. Available at http://www.immd.gov.hk/publications/a_report_2012/en/ch1/index.htm (Accessed 26 June 2015).

  12. Immigration Department (3 March 2015), “ID407: Employment Contract for a Domestic Helper Recruited from Outside Hong Kong – English Version). Accessible at: http://www.immd.gov.hk/eng/forms/forms/id407.html (Accessed on 29 June 2015).

  13. Immigration Department (2014), “Other Information”, Guidebook for Employment as Imported Workers in Hong Kong. P6. Available at: http://www.immd.gov.hk/pdforms/ID%28E%291002.pdf (Accessed 1 July 2015).

  14. Immigration Department, “Revised Schedule of Accommodation and Domestic Duties” (standard contract). Available at: http://www.knp.hk/doc/change%20address.pdf (Accessed on 29 June 2015).

  15. Information Services Department (2013), “Chapter 6 – Employment”, Hong Kong Yearbook, ISD: Hong Kong (ed. M, S.) Available at: http://www.yearbook.gov.hk/2013/en/pdf/Credits.pdf.

  16. Information Services Department, (16 April 2014), “LCQ1: Supplementary Labour Scheme”, Press Releases. Available at: http://www.info.gov.hk/gia/general/201404/16/P201404160612.htm (Accessed 1 July 2015).

  17. Information Services Department (16 April 2014), “LCQ9: Importation of construction workers”, Press Releases. Available at: http://www.info.gov.hk/gia/general/201404/16/P201404160610.htm (Accessed 3 July 2015).

  18. Information Services Department (30 September 2014), “Minimum Allowable Wage and food allowance for foreign domestic helpers to increase”, Press Releases. Available at http://www.info.gov.hk/gia/general/201409/30/P201409300619.htm. (Accessed on 26 June 2015).

  19. Information Services (14 November 2014), “Government welcomes concluding observations made by UN Committee on CEDAW”, available at: http://www.info.gov.hk/gia/general/201411/14/P201411140445.htm (Accessed 3 July 2015).

  20. International Trade Union Confederation (ITUC) (13/15 December 2006), “Internationally-Recognised Core Labour Standards in Hong Kong”, Report for the WTO General Council Review of Trade Policies of Hong Kong. Available at: http://www.ituc-csi.org/IMG/pdf/Core_Labour_Standards_in_Hong_Kong_CLS_report_2006_-final.pdf (Accessed on 29 June 2015).

  21. Jiang, S. (30 May 2014), “More Hong Kong expats seeking Chinese citizenship, minorities left out in the cold”, South China Morning Post, available at: http://www.scmp.com/lifestyle/article/1521247/more-expats-seek-chinese-citizenship-minorities-left-out-cold?page=all (Accessed 3 July 2015).

  22. Labour Department (30 September 2014), “Frequently Asked Questions”, Public Services Policy Support. Available at: http://www.labour.gov.hk/eng/plan/FAQ.htm (Accessed June 26, 2015).

  23. Labour Department, How to Apply under the Supplementary Labour Scheme (pamphlet), Annex (p9). Available at: http://www.labour.gov.hk/eng/form/eform/sld/note/EF0601/Pamph.pdf

  24. Labour Department (2015), “Statutory Minimum Wage”, Public Services – Employees’ Rights & Benefits. Available at: http://www.labour.gov.hk/eng/news/mwo.htm (Accessed 3 July 2015).

  25. Labour Department (2013), “On First Employment”, Practical Guide for Employment of Foreign Domestic Helpers – What Foreign Domestic Helpers and their Employers should know. Accessible at: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf (Accessed on 29 June 2015).

  26. Labour Department (2014), “Employment Agencies Administration”, Labour Department, available at: http://www.labour.gov.hk/eng/service/content4_2.htm (Accessed on 3 July 2015).

  27. Lee, P and Petersen, C (2006), “Forced Labour and Debt Bondage in Hong Kong: A Study of Indonesian and Filipina Migrant Domestic Workers – Occasional Paper No. 16, May 2006”, Centre for Comparative and Public Law, HKU Faculty of Law.

  28. Legislative Council Secretariat (2010) “Protection of the Rights of Migrant Workers in the Hong Kong Special Administrative Region – LC Paper No. CB(2)2617/10-11(11)”, Information Paper provided by the delegation of the Legislative Council of the Hong Kong Administrative Region of the People’s Republic of China. Available at: http://www.legco.gov.hk/yr10-11/english/panels/mp/papers/mp0916cb2-2617-1-e.pdf (Accessed on 2 July 2015)

  29. Mandap, D (17 April 2015), “Number of Filipino domestic workers in HK at all-time high”, Rappler. Available at: http://www.rappler.com/move-ph/balikbayan/90186-filipino-domestic-workers-hk (Accessed on 26 June, 2015).

  30. “Minimum Allowable Wage and food allowance for foreign domestic helpers to increase”, Press Releases. Available at http://www.info.gov.hk/gia/general/201409/30/P201409300619.htm. (Accessed on 26 June 2015).

  31. Mission for Migrant Workers (2012), “Why was this policy enforced?”, Live-In Policy increases female FDW’s vulnerability to various types of abuse. P4. Available at: http://issuu.com/mfmw/docs/primer_live-in_english/1?e=8079376/2254015 (Accessed on 29 June 2015)

  32. Mission for Migrant Workers, “The Foreign Domestic Worker’s Guide To The Labour Relations Services (LRS)”, MFMW Limited, available at: http://www.migrants.net/for-migrants/know-your-rights/the-foreign-domestic-workers-guide-to-the-labour-relations-services-lrs/ (Accessed 3 July 2015).

  33. RTHK (23 January 2014), “Call for Review of “Live-in” Requirement”, RTHK English News, available at: http://rthk.hk/rthk/news/englishnews/20140123/news_20140123_56_979757.htm (Accessed 3 July 2015).

  34. Sheridan Prasso & Cathy Chan (13 November 2012), “Indentured Servitude in Hong Kong Abetted by Loan Firms” Bloomberg, available at http://www.bloomberg.com/news/2012-11-13/indentured-servitude-in-hong-kong-abetted-by-loan-firms.html (Accessed 3 July 2015).

  35. Siu, P (9 August 2014), “Hong Kong faces shortage of domestic helpers as Myanmese, Bangladeshi maids quit early”, South China Morning Post. Available at: http://www.scmp.com/news/hong-kong/article/1570004/hk-faces-growing-helper-shortage-myanmar-and-bangladesh-workers-quit?page=all (Accessed 29 June 2015).

  36. The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. Available at: http://www.basiclaw.gov.hk/en/basiclawtext/chapter_3.html

  37. United Migrant Workers (1997), “The Two-Week Rule”, Hong Kong Human Rights Monitor Newsletters, available at: http://www.hkhrm.org.hk/english/reports/enw/enw0796d.htm (Accessed on 3 July 2015).

  38. Yao L., (19 July 2013), “Pregnant with disaster”, China Daily. Available at: http://www.chinadailyasia.com/news/2013-07/19/content_15079090.html (Accessed 3 July 2015).

 

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Source: IDMF