XN000022-1996-01-31 — Page 39

-

- 20

Accommodation for foreign domestic helpers

Following is a question by the Hon James Tien Pei-chun and a reply by the Chief Secretary, the Hon Anson Chan, in the Legislative Council today (Wednesday):

Question:

It is learnt that in his Report of the Investigation on Accommodation for Foreign Domestic Helpers, the Commissioner for Administrative Complaints has made certain recommendations on how to ensure that foreign domestic helpers are provided with reasonable accommodation by their employers. Will the Government inform this Council whether it accepts that it is within the authority of the Commissioner for Administrative Complaints to make such recommendations; and, if so, on what basis?

Reply:

Section 7(1) of the Commissioner for Administrative Complaints Ordinance provides that:

"The Commissioner may investigate any action taken by or on behalf of an organisation in the exercise of its administrative functions in any case where -

(a)

(b)

a complaint is made by a person who claims to have sustained injustice in consequence of maladministration in connection with that action; or

notwithstanding that no complaint has been made to him, he is of the opinion that any person may have sustained injustice in consequence of maladministration in connection with that action.'

11

We accept that the investigation into the procedures adopted by the Immigration Department in processing applications for change of employer filed by foreign domestic helpers on accommodation grounds is an investigation duly made under section 7(1)(b) of the Commissioner for Administrative Complaints Ordinance. The Ordinance poses no restrictions on the nature of the conclusions and recommendations that the Commissioner may draw from the findings of his investigation.

End