TNAG-2318-FCO40-3362-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 97

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A PETITION

We, the undersigned, respectfully petition the Government of Hong Kong to review the "Employment Contract for a Domestic Helper recruited from overseas", the "two-week rule" and the "release letter" requirement which prevent foreign domestic helpers (who resign on reasonable grounds or who are unfairly dismissed) from being able to find other employment and process a new contract without being repatriated to

their home countries.

THE REASONS FOR PRESENTING THIS PETITION

We believe that no member of any society, who recognises an imbalance in the law and the hardship and suffering that it causes, should stand back and do nothing to bring it to the notice of the authorities.

Although the Hong Kong Government reviewed the two-week rule last year,

as far as we know there was no consultation with any of the bodies acting on behalf of the foreign domestic helpers, either then or when it was originally introduced.

Since then, further complaints have been made to try and redress the imbalances which still exist, including direct approaches to The Labour and Immigration Departments, articles, reports and letters to the editors of Hong Kong and British newspapers from individuals and groups.

Yet despite this there has been no attempt on behalf of the Government to deal with this matter other than to argue that

(a) the present procedures are adequate.

(b)

(c)

sufficient leeway for relaxing the regulations is allowed for.

exceptions can be made, at the discretion of the interviewing officer, when individual submissions are put to the Department of Immigration or to the Labour Department.

We believe that these arguments are far from satisfactory on the grounds that laws or administrative directives which rely on discretion are unsafe and can lead to gross miscarriages of justice and unfairness.

(Appendix A -

Page 5 para: 3 to end of page.)

1

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Petition

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