XN000022-1994-10-19 — Page 9

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WEDNESDAY, OCTOBER 19, 1994

(B) WE DO NOT HAVE

(C)

(D)

STATISTICS ON THE NUMBER OF FOREIGN DOMESTIC HELPERS WHOSE CONTRACTS HAVE BEEN TERMINATED PREMATURELY BY THEIR EMPLOYERS AND WHO HAVE TO AWAIT THE LABOUR TRIBUNAL'S ADJUDICATION OF THEIR CASES. HOWEVER, AS AN INDICATION, IN THE FIRST THREE QUARTERS OF 1994, THE LABOUR DEPARTMENT REFERRED 679 FOREIGN DOMESTIC HELPERS TO THE LABOUR TRIBUNAL ΤΟ FURTHER PURSUE THEIR CLAIMS. HOWEVER, THIS IS NOT AN EXHAUSTIVE FIGURE AS FOREIGN DOMESTIC HELPERS MAY FILE CLAIMS WITH THE LABOUR TRIBUNAL WITHOUT FIRST APPROACHING THE LABOUR DEPARTMENT.

THERE SHOULD NOT BE ANY FOREIGN DOMESTIC HELPERS STRANDED IN HONG KONG AWAITING ADJUDICATION DUE TO THEIR INABILITY TO AFFORD THE RETURN PASSAGE TO THEIR COUNTRY OF ORIGIN BECAUSE, BY VIRTUE OF THE EMPLOYMENT CONTRACT, AN EMPLOYER IS REQUIRED TO PROVIDE HIS FOREIGN DOMESTIC HELPER WITH A FREE RETURN PASSAGE ON TERMINATION OR EXPIRY OF CONTRACT, REGARDLESS OF WHETHER OR NOT THE FOREIGN DOMESTIC HELPER NEEDS TO AWAIT ADJUDICATION OF CLAIM AT THE LABOUR TRIBUNAL.

FOREIGN DOMESTIC HELPERS WHO HAVE TO STAY BEHIND TO AWAIT ADJUDICATION USUALLY MANAGE ΤΟ FIND TEMPORARY ACCOMMODATION THROUGH THE ASSISTANCE OF CONSULATES, CHURCH, WORKER ORGANIZATIONS AND FRIENDS. THE FAMILY SERVICES CENTRES OF THE SOCIAL WELFARE DEPARTMENT CAN ARRANGE ACCOMMODATION IN ONE OF THE TWO SHELTERS FOR BATTERED WOMEN FOR FOREIGN DOMESTIC HELPERS WHO ARR GENUINELY ILL-TREATED. IN ADDITION, COUNSELLING SERVICE CAN BE PROVIDED AND FINANCIAL ASSISTANCE CAN ALSO BE ARRANGED FOR GENUINE HARDSHIP CASES;

IN THE CASE OF A FOREIGN DOMESTIC HELPER AWAITING ADJUDICATION OF THE LABOUR TRIBUNAL, THE GOVERNMENT WOULD NORMALLY ALLOW THE HELPER TO CONTINUE TO STAY IN HONG KONG .PENDING THE CONCLUSION OF HIS OR HER CLAIM. IF THE FOREIGN DOMESTIC HELPER CHOOSES TO RETURN TO HIS OR HER HOME COUNTRY FIRST, THERE IS NO OBLIGATION FOR HIS OR HER EMPLOYER TO SUPPLY THE HELPER WITH PASSAGE TO HONG KONG TO ATTEND A LABOUR TRIBUNAL HEARING. IN SERIOUS CASES INVOLVING ALLEGATIONS OF OFFENCE, THE GOVERNMENT WILL CONSIDER PAYING FOR ΤΟ BRING THE FOREIGN DOMESTIC HELPER BACK ΤΟ COURT PROCEEDINGS.

RETURN TO

HOWEVER,

CRIMINAL

PASSAGES FACILITATE

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