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FOREIGN DOMESTIC HELPERS
REVISED CONDITIONS OF STAY
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The revised conditions of stay for domestic helpers in Hong Kong, announced by the Hong Kong Government on 16 April last year, state that if a foreign domestic helper's contract is terminated, he or she will be allowed to stay in Hong Kong for the remainder of his or her six monthly period of stay, or for two weeks after the termination of the contract, whichever is the shorter. In special circumstances, a foreign domestic helper will be allowed to stay in Hong Kong for longer than two weeks after the termination of his or her contract, or will be allowed to change his or her employer.
In revising these conditions of employment, the Hong Kong Government has sought to be fair both to employers and to Foreign Domestic Helpers as well as to local people who are prepared to work as part-time domestic helpers.
LAWFULNESS OF REVISED CONDITIONS
The conditions of stay are determined by the Hong Kong Director of Immigration under regulations made under the Hong Kong Immigration Ordinance. Any review of their lawfulness would therefore be a matter for the Hong Kong courts. The conditions of stay have recently been challenged in the Hong Kong High Court and Court of Appeal. Both courts upheld the Hong Kong Government's right to impose the revised conditions.
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