The following comments can be made.
(a) Immigration officers will often refuse to predict what is or is not likely to be allowed. The usual reply is "submit the papers and we will consider them."
They often ignore written submissions as to why a case could be made for leniency in applying the two-week rule and the issuing of extension visas so that papers could be processed in Hong Kong rather than oversees.
(b) Should a helper wish to change employment she has to relate her own interests to those of her present employer, her new employer her Consulate and the two Departments.
Even if she has a release letter it is impossible to know, with any degree of certainty (until she has a new re-entry visa in her hand) whether or when she will be able to start her new job.
This is unsatisfactory for both her and her new employer. It is yet another factor tending to lead the helper to stay with her present employer and to accept bad working and/or living conditions.
(c) Dealing with the bureaucracies is difficult for the employees as they will often have only their rest days in which to do so.
These rest days are usually Sundays when the various departments are closed. Even when they are allowed other times to pursue this (by its very nature, often secretive) process they may have to wait for long periods in one department only to be told that it is the other department which must act first in her particular case. This can lead to Catch-22 situations of a most frustrating and distressing kind.
THE FINAL CONCLUSION TO ANDREW HICKS' REPORT
(Hicks Report, pages 34 & 35 verbatim)
1. The administrative system created by the Immigration Department goes far beyond what is necessary for pursuing appropriate immigration policy. A policy of refusing approval of changes in employment so as to inhibit helpers from lawfully terminating their contracts is not within the legitimate policy and objects of the Immigration Ordinance. It is not appropriate for the Director to systematically exercise his discretion as the immigration authority for the predominant purpose of protecting the private interests of employers in disregard of the interests of the helper.
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Appendix A
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