TNAG-2318-FCO40-3362-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 134

HONG KONG LEGISLATIVE COUNCIL

28 November 1990

香港立法局

一九九○年十一月二十八日

19

林貝聿嘉議員問:教育統籌司楊啟彥先生的答案是假設所有外地家庭痛工在湿痛合約屆滿 或在終止合約後兩星期內,都會返回其原居地。請問政府,如果有些蒲工不遵行這闿政策

,政府如何能查出呢?同時,又會採取甚麼措施去確保他們定必返回原居地?

SECRETARY FOR EDUCATION AND MANPOWER: Sir, as regards the first part of that question, if foreign domestic helpers overstay at the end of their contracts, or on the termination of their contracts, they are liable to prosecution for overstaying. As regards how they are discovered in the process of overstaying, I am afraid that is an operational matter on which I must defer to my colleague the Secretary for Security.

SECRETARY FOR SECURITY: Sir, the Immigration Department would take steps to detect overstayers, primarily through regular inspections at places of employment and also through inspections at immigration control points. I should, perhaps, say that in 1988, 95 foreign domestic helpers were prosecuted for overstaying; in 1989, 287; and in the first 10 months of this year, 183. I think those figures indicate that, given the overall size of the foreign domestic helper population in Hong Kong, overstaying is not a serious problem.

MRS TU: Sir, is the Secretary for Education and Manpower aware that when an overseas domestic worker intends to institute legal proceedings against her employer, there are always delays in seeking legal aid and court proceedings are lengthy? And would he agree that, as the worker is unable to find a new employer to support her livelihood during the waiting period, this policy is tantamount to preventing her from taking legal action and is therefore a denial of her civil rights?

SECRETARY FOR EDUCATION AND MANPOWER: Sir, if a foreign domestic helper is involved in civil litigation or claims made against her employer for non-payment of wages, the first step that the Government would take would be for the Immigration Department to grant her an extension of stay which goes beyond the normal two weeks. Whether in those circumstances she is also granted approval to take out employment with an alternative employer would depend on the circumstances of the case. But I believe that all cases are looked at sympathetically.