Immigration Department investigating on stay-out foreign domestic helper

  • July 7, 2012
  • During a surprise inspection conducted this morning (July 7) at Pok Fu Lam Village, immigration officers detected a foreign domestic helper who resided at a place other than his employer¡¦s residential address as stated in the employment contract, a spokesman for the Immigration Department said today.

    During the operation, immigration officers conducted a total of 25 proof of identity checks. One foreign domestic helper was suspected to have made false representation with his employer upon his domestic helper visa application and was held for inquiry. The department is also investigating on his employer as to whether he had provided false information during visa application. The department will consider prosecution against any person who intentionally made false representation or provided false information about the live-in arrangement of foreign domestic helper. Case will also be referred to the Labour Department and Lands Department to see whether the employer had violated the Employment Ordinance and whether approval had been granted for owners of the leased flats to change the use of land.

    Under prevailing policy, employers who wish to employ foreign domestic helpers shall enter into a Standard Employment Contract (ID 407). A foreign domestic helper should work and reside in the employer's residence in accordance with clause 3 of the contract. Any application for variation or addition to the terms of the contract during its duration shall be made in accordance with the provisions under clause 15 of the contract. On the other hand, employers who have obtained approval before April 1, 2003 for their foreign domestic helpers to stay out may continue to do so, as long as they continue to employ the foreign domestic helpers without a break of more than 6 months.

    If employers or helpers breach the undertaking that the helper would work and reside in the employer's residence, such conduct will be taken into consideration in their future foreign domestic helper visa or extension of stay applications. The applications may thus be refused.

    According to the spokesman, it is an offence to make false representation to Immigration Officers. Offenders are liable to prosecution and to a maximum fine of $150,000 and imprisonment for 14 years.

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