TNAG-2318-FCO40-3362-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 115

12.

These restrictions on change of employment within Hong Kong and requiring repatriation between contracts increase the incidence of agency fees and air fares. The recruitment of a helper from the Philippines rather than Hong Kong causes undue delay and loss of services or wages.

It also means that the parties who are to live under one roof for a considerable period of time are not able to meet and assess each other on a person to person basis. While there is already a small job market for employment of Filipina helpers in Hong Kong, it would be of benefit to all concerned, especially employers, if this were expanded.

13. The 'one year rule' and 'release letter' systems should therefore be abolished and changes of employment be more readily allowed.

14. As functions of providing a fair standard contract, and of processing routine changes in employment within Hong Kong are not fundamental within the statutory competence of an immigration policy, they should be transferred to the department having the appropriate interest, expertise and perspective in employment matters, namely the Labour Department.

(SIGNED)

Andrew Hicks.

School of Law

University of Hong Kong

18th March, 1982

THEN AND NOW

Clearly

Most of the above is as true today as it was then. the responsibility for the administration of the contractual procedures has been moved to the more appropriate department but the one-year rule has been replaced by the two-week rule and the "release letter" is still the cause of similar hardships.

Andrew Hicks' report had Case Histories of Employment Disputes annexed to it. They apparently prompted him to prepare his report. These cases are as distressing as the ones which we include in support of this petition. demonstrate that, then as now, employees faced:

They

Threats of deportation and black-listing; false receipts extorted by employers for money not paid; confiscation of passports; job-swapping - where the original employer had left Hong Kong and the newly arrived helper was forced, under threats of imprisonment, to work for someone else.

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Appendix A