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B
through no fault of their own) unless they find an
alternative employer. This is known as the "two week rule". Foreign helpers have complained that two weeks is too short a period of time in which to find an alternative employer
and that the existence of this rule therefore inhibits them
from making complaints about ill-treatment by their employers. The Council's specific requests are set out on pages 7-8 of the petition.
4.
The Hong Kong Government recently reviewed the "two week rule" in the light of these criticisms but concluded that
there were insufficient grounds for changing the system. The Secretary of Education and Manpower explained to LegCo
in November 1990 that the "two week rule" was originally
introduced in 1987 as a control against "job-hopping" (ie to prevent foreign domestic helpers from coming to
Hong Kong, terminating their contracts prematurely and then staying on in Hong Kong in some other form of employment for the duration of their employment visa). The Hong Kong authorities maintain that if a foreign domestic helper can
demonstrate to the Labour and Immigration Departments that
she is having genuine trouble with her current employer (eg over non-payment of wages) and therefore has a valid reason for seeking an alternative employer, she will be granted an extension of stay beyond the normal 2 weeks.
5. The draft reply deals briefly with the specific points raised by the Hong Kong Council for Women. The Education and Manpower Branch of the Hong Kong Government are still examining the petition in consultation with the other policy Branches concerned and will provide a more detailed reply in
due course.
ARPEN
AR Paul
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