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Deployment of Foreign Domestic Helpers clarified

21 May 2005

A foreign domestic helper (FDH) should only perform domestic duties for the employer specified in the contract, householders were reminded today (May 19).

A government spokesman made the clarification in response to a number of enquiries received by Immigration Department after a guest had expressed views in a recent entertainment TV programme on a simulated case related to the restrictions on deployment of FDH.

"Regarding the restrictions on deployment, it is specified in Clause 4(a) of the Standard Employment Contract that an FDH should only perform domestic duties for the employer specified in the contract.  The employer should not require or allow the FDH to carry out any non-domestic work.  It is also stated in Clause 4(b) that the FDH should not take up any other employment, including part-time domestic duties, with any other person.  The employer should not require or allow the FDH to carry out any work for any other person.  Clause 4(c) of the employment contract stipulates that Clause 4(a) and (b) will form part of the conditions of stay to be imposed on the FDH by the Immigration Department upon the FDH' s admission to work in Hong Kong.  A breach of Clause 4(a) and (b) will render the helper and/or any aider and abettor liable to criminal prosecution." The Government spokesman continued.

"We have sought legal advice from the Department of Justice and will continue our criminal prosecution against any violation of the restrictions on deployment of foreign domestic helpers," the spokesman said.

The spokesman stressed, "The helper should only perform domestic duties for the employer specified in the contract approved by Director of Immigration. The employer should not require or allow the helper to carry out any non-domestic work, or to perform domestic work at any address other than that specified in the contract.  Similarly, the employer should not require or allow the helper to carry out any work for any other person.  Offenders will be liable to criminal prosecution and on conviction to a fine of $50,000 and to imprisonment for 2 years.  Any aider and abetter will have the same punishment."

For enquiry on the employment of foreign domestic helpers, please contact the Immigration Department at:-

Telephone: 2824 6111
Fax: 2877 7711
Email: enquiry@immd.gov.hk

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