Recruitment Costs Brief: Hong Kong -...
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Recruitment Costs Brief: Hong Kong
David Dickinson
April 2016
Foreign Domestic Workers (FDW) make up by far the majority of semi-skilled foreign workers
in Hong Kong. FDW and employment agencies are respectively regulated under the
Employment Ordinance (Cap. 57) and the Employment Agency Regulations (Cap. 57A)
("EAR"). Agents must be licenced, and can only accept fees of up to 10% of the FDW’s first
month of salary, though other “costs” are passed to some FDW, sometimes illegally. There
are no controls on amounts paid to origin country agents (even if in excess of their legal
limits), or the participation of HK agents in arrangements for FDWs to make such payments
when working in Hong Kong. In recent years there has been considerable publicity and
research surrounding the prevalence of high placement fees and NGOs, unions and
advocates have been calling for reforms in this area. Recently the Hong Kong Government
announced reforms in the areas of education and collaboration with FDWs’ countries of
origin and released a Draft Code of Practice for agents. No regulatory changes are proposed.
Background
Hong Kong has a total population of about 7.3 million (mid-2015) and a labour force of about 3.9 million
(August 2015). Like Singapore, Hong Kong imports low-wage foreign “guest” workers, though most work
as domestic workers. Relatively few semi-skilled and unskilled foreign guest workers are employed by
industry.
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The external supply of labour in Hong Kong occurs in several ways. The Immigration Department1,2 of the
Hong Kong Special Administrative Region Government (HKSARG) administers a range of visas and entry
permits for foreigners to work, establish or join in a business, and take up residence. Here are described
two schemes for lesser skilled groups who are the primary focus of this Brief. Other Schemes for
professional and high-net worth individuals and their families are summarised in Attachment 1.
Migrant Employee Schemes.
1. The Supplementary Labour Scheme (SLS) handles applications for the recruitment of labour at
technician level or below. It is administered by the Labour Department and allows employers with
genuine difficulties in finding suitable employees locally to bring in workers from outside the
HKSAR. Under the scheme the terms of employment need to be comparable to those in the local
market and the employer must be capable of providing suitable accommodation, and guarantee
maintenance and repatriation upon termination of contract. The numbers employed under this
scheme have been relatively few, with 2,415 approvals in 2012, due in part to strong resistance
from unions, though the Government rolled out measures to enhance the Scheme in 2014 for public
sector works projects due to acute labour shortages in the construction industry.
2. Foreign Domestic Workers (FDWs) As of the end of 2013 there were 321,000 foreign domestic
workers employed in HKSAR3, of which 98% were from the Philippines or Indonesia. The Scheme is
a long-standing one that has been in place since the 1970s. The FDW population is by far the largest
“low-skilled” foreign worker population group, in HKSAR, excluding migrants from mainland China.
1 Immigration Department. (2015, 29 Sept.). “Hong Kong the Facts”, Sept 2015.
http://www.gov.hk/en/about/abouthk/factsheets/docs/immigration.pdf 2Immigration Department. (2015, 29 Sept.). “Immigration Guidelines for Entry to the Hong Kong Special
Administrative Region of the People's Republic of China”.
http://www.immd.gov.hk/eng/services/visas/immigration-entry-guideline.html 3 Hong Kong Annual Digest of Statistics, 2014. Table 2.12 Numbers of Foreign Domestic Helpers, Page 43.
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Legislation and Policies Covering Placement Fees
Hong Kong
According to some academic NGO studies4,5 Hong Kong offers some of the best terms and conditions for
FDWs. Employment is based on Standard-form contracts and is subject to a number of minimum terms
and conditions. FDWs are entitled to a rest day of 24 hours’ duration in every seven day period, statutory
holidays, leave, adequate food or a food allowance, the cost of travel to the place of origin upon
termination of the contract and limits on the deductions that can lawfully be made from a salary.
There is a minimum wage known as the 'Minimum Allowable Wage” or MAW which stipulates that foreign
domestic workers in Hong Kong must be paid at least at this level. The MAW is periodically adjusted and
was HK$4,210 per month as at 1 October 2015.
As in Singapore there are rules prohibiting working in commercial or domestic premises other than the
employer’s residence. Each contract is for a two-year period and without any probationary period. Early
termination of the contract is possible at the initiative of either party and with a month's notice.
While agencies6 may charge commissions to the incoming FDW, they must not exceed 10% of the first
month's wages received after being successfully placed in a job. Most expenses or costs such as visa
applications cannot be passed to the FDW7 and must be borne by the employer8.
The Employment Agencies Administration (EAA) of the Labour Department is responsible for regulating
the operation of agents through licensing, regular and surprise inspections, complaints investigation and
prosecution to ensure that they are operating in compliance with the law.
4 Tan, Carol G. S. 2014. “How Dewi Became a Litigant: Migrant Domestic Workers as Litigants in Hong Kong”,
Southeast Asia Research Centre, City University of Hong Kong, Working Paper No. 151, April 2014. 5 Varia, Nisha, 2007. “Globalization Comes Home: Protecting Migrant Domestic Workers’ Rights”, Human Rights
Watch, pages 3 & 8. 6 Hong Kong Labour Department Website. “Employment Agency Regulations” Accessed 3 October 2015.
http://www.labour.gov.hk/eng/legislat/content2.htm 7 There is some lack of clarity in this area. For example the payment of training fees in the Philippines. The
Mission for Migrant Workers has argued that this should be shouldered by the employer in Hong Kong while the
Labor Department in the Philippines contends that this should be shouldered by the worker/applicant. 8 See links to Hong Kong labour Department for recommendations to employers:
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
http://www.labour.gov.hk/eng/public/wcp/Important_FDH_Eng.pdf
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If the employee has a complaint against an agency they may approach the Employment Agencies
Administration (EAA) unit of the Labour Department.
Laws within major countries of origin
With 51.3% of FDWs from the Philippines and 46.4% from Indonesia in 2013, legislation covering
recruitment agencies and fees in these countries is most relevant to Hong Kong.
Philippines: The Philippine Overseas Employment Administration (POEA) is the main government agency
supervising recruitment agencies in the Philippines. The POEA regulates placement fees for foreign
workers to a maximum of one month of salary excluding documentation costs. However, no placement
fees should be charged for overseas Filipino workers hired as domestic workers, caregivers and seafarers.
Fees must be borne by the employer. However, this excludes other costs such as medical checks9.
Indonesia: Under a decree (KEP.186/PPTK/VII/2008) dated 10 July 2008 of the Director General for
Training and Placement of Manpower10, the cost structure for placement of IDW to Hong Kong was set at
Rp. 15,550,000 at a fixed exchange rate of HK$1 to Rp. 1,000, or HK$15,550. This includes training fees,
service fees and other expenses for processing a worker’s visa to Hong Kong. The fee was lowered to
HK$13,436 under Ministerial Decree No. 98/2012.
Bilateral/Mutual agreements on International Conventions
With regard to the Philippines and Indonesia there were no bilateral agreements related to recruitment
regulations to protect FDWs from excessive fees.
Also the Hong Kong government has not adopted the ILO Convention No. 189 (Decent Work for Domestic
Workers) to make the laws and practices consistent with international standards. The Philippine
government ratified this Convention in 2012, and thus is obligated to implement its provisions, including
its stipulation on “no recruitment fees.” The mutual or bilateral adoption of the Convention would
strengthen commitments and legal channels to protect domestic workers.
9 Documentation costs are chargeable to the worker which cover the obtaining of personal documentation
(passports, birth certificates), medical costs, and skills testing. These costs must be documented. Any other costs
must be approved by POEA prior to imposition. 10 Amnesty International, 2013, “Exploited for Profit, Failed by Governments Indonesian Migrant Domestic
Workers trafficked to Hong Kong. Page 25 and Appendix 3.
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Issues associated with Recruitment Fees Identified in Research and Media
Reports
There is considerable evidence that FDW’s in Hong Kong commonly pay recruitment fees well above levels
prescribed under law in both Hong Kong and origin countries. We quote two recent studies:
1. Report on the Recruitment Practices and Problems Experienced by Filipino Domestic Workers in
Hong Kong11
This study was based on a 2012 survey of more than 1,500 Filipino FDWs coordinated by several
labour organisations. It concluded that the total average recruitment cost paid by the workers
surveyed was HK$15,378. This was broken up as follows:
Hong Kong Agencies: HK$8,123
Philippine Agency: HK$14,178
Other charges: HK$1,305
Around 90% of survey respondents paid more than the limit for Hong Kong agencies which is set
at 10% of the first month salary. The fees payable to agencies in the Philippines are obviously above
the current no-fee regulation introduced by POEA in 2006 and even though some of the
interviewees had migrated to Hong Kong earlier when fees were permitted (up to one month’s
salary between 2002 and 2006), the averages are still well in excess of those mandated by law.
The Reports conclusions were blunt. “… recruitment costs collected by agencies in Hong Kong and
the Philippines are excessive and illegal”… “blatant, widespread and persistent violations of
recruitment laws in Hong Kong and the Philippines”12.
11 Alliance of Progressive Labor – Hong Kong, Progressive Labor Union of Domestic Workers in Hong Kong,
Labor Education & Research Network, Norwegian Confederation of Trade Unions & Friedrich Ebert Stiftung.
“Licence to Exploit. A Report on the Recruitment Practices and Problems Experienced by Filipino Domestic
Workers in Hong Kong”. 2013. 12 Ibid, Executive Summary, page x.
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2. Amnesty International “Policies Relating to Foreign Domestic Helpers and Regulation of
Employment Agencies”13
This study formed the basis of a submission to Hong Kong Legislative Council’s Panel on Manpower
in 2013. It was based on interviews of 97 Indonesian domestic workers in Hong Kong in 2012 and
2013. While the survey was not large, the results were similar to others. Most interviewees had
passed the majority of their salaries to agencies, normally a monthly repayment of HK$3,000
(US$387) for the initial seven months of their contract. This totalled HK$21,000 (US$2,709), which
also exceeded the statutory limits in Hong Kong and Indonesia.
According to Amnesty, serious indebtedness due to excessive recruitment fees is common among
Indonesian domestic workers in HK. These debts often force workers to accept exploitation and
abuse in the workplace. Several migrant domestic workers also told Amnesty that they were
reluctant to change employers because doing so would incur further fees to their agencies.
Recruitment agencies in Indonesia work closely with placement agencies in Hong Kong to ensure that their
fees are fully repaid. As these fees routinely exceed the legal maximum that agencies are allowed to
charge in both countries the agencies circumvent laws by collecting payment through a variety of third
party schemes. For example, the agencies make an agreement with the employer to deduct a portion of
the migrant domestic worker’s salary and then to coerce the worker to sign a piece of paper stating that
they had received their full salary in line with the Minimum Allowable Wage (MAW). Furthermore, some
interviewees were paid below the MAW but signed documents falsely acknowledging receipt of the MAW.
Other practices include compelling applicants to sign documents acknowledging receipt for a “loan” and
to instruct their employer to transfer most of the monthly salary to a finance company. A survey of 930
Indonesian workers in Hong Kong by the Indonesian Migrant Workers Union in 2011 found that 34 per
cent of Indonesian migrant domestic workers were asked to sign such loan agreements. Loans and
repayment arrangements are often poorly documented to ensure no clear paper trails.
Other studies and reports highlight “work-arounds” for agencies in Hong Kong. For example, they
sometimes pass on fees for medical checks, insurance, visas and airline tickets which are meant to be
13 Submission by Amnesty International, “Intermediary charges for foreign domestic helpers”, Agenda Item iv,
Panel on Manpower Meeting, Tuesday 18 June 2013 Legislative Council Paper No. CB(2)1386/12-13(01).
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covered by employers. In countries of origin, fees can be charged for training (Philippines & Indonesia),
but maximums are frequently exceeded14.
Effectiveness of Current Policies
Given the extent of survey and anecdotal evidence that overcharging is very widespread, there is little
evidence that the efforts by Government are effective in dissuading abuse. A July 2015 Hong Kong Free
Press (HKFP) article15 reported that only four prosecutions of agencies16 were brought by the Labour
Department in 2014 despite 170 complaints being made to its Employment Agencies Administration (EAA)
group. In the year 2015 up until June, there had been three convictions. When questions were raised at a
Legislative Council meeting the Secretary for Labour and Welfare pointed out various reasons as to why
prosecutions did not proceed including matters unrelated to the Ordinance, lack of evidence and whether
the victim was willing to attend hearings17.
Agencies are licenced annually by the Labour Department. If they do not comply with the requirements
of the law they are liable to prosecution and fines of up to HK$50,000 (approx. US$6,500) and possible
revocation of licence. The relatively low fine is cited as a minimal deterrent.
Even though the EAA does conduct random inspections of agencies, oversight is largely dependent on
complaints raised by individual FDWs. According to Amnesty, this avenue is not effective as it can leave
FDWs without an income for substantial periods and may fail to reimburse them the full amounts they
are entitled to. Faced with a costly process that offers no guarantee of success, many are understandably
reluctant to access these redress mechanisms. This, and the disguised nature of the fees, such as via loans,
led Amnesty and others to conclude that the agencies operate with relative impunity.
14 HK Helpers Campaign, “Comments of Policies relating to foreign domestic helpers and regulation of
employment Agencies”, Tabled to the HK Legislative Council 10 February 2014, Paper No. CB(2)894/13-14(02).
Page 5. 15 Hong Kong Free Press (HKFP), 10 July 2015. “Government fails to prosecute employment agencies exploiting
domestic helpers”.
https://www.hongkongfp.com/2015/07/10/government-fails-to-prosecute-employment-agencies-exploiting-
domestic-helpers/ 16 Only one of the convictions was specifically for overcharging. 17 HKFP, 10 July 2015 “Government fails to prosecute employment agencies exploiting domestic helpers”,
https://www.hongkongfp.com/2015/07/10/government-fails-to-prosecute-employment-agencies-exploiting-
domestic-helpers/#
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In the face of a highly publicised case of FDW abuse in 2014 (Erwiana Sulistyaningsih) many Hong Kong
NGOs and charities have called for regulatory reforms18. As recently as June 2015, the Legislative Council
Panel on Manpower19 expressed concern that some FDWs (particularly from Indonesia) incurred large
debts in order to meet fees and commissions charged by intermediaries in their home countries. The
Administration responded that while HK has no legal requirement that FDWs use agents in HK, such
requirements are imposed by countries of origin. For instance, the Philippines does not allow direct hiring
for first-time FDWs, while the Indonesian Government only allows hiring through accredited agencies.
Notwithstanding the lack of jurisdiction over the overseas operations of agencies, the HK Administration
indicated that through its regular contacts with the relevant Consular Generals, it had brought to their
attention concerns about "bonded labour" and urged them to draw the problem to the attention of their
respective governments so as to tackle the issue at source.
With regard to the strengthening of the regulation of agencies in HK, Panel on Manpower members
suggested that a more stringent licensing scheme for agents should be adopted together with a code of
practice for their operations. They suggested reference to the Singaporean experience of regulating
agents under a licensing scheme with a demerit points system.
Improvements/Solutions Offered by NGO’s and others
Amnesty International’s 18 June 2013 submission20 to the HKSAR Legislative Council Panel on Manpower
argued that even though Hong Kong has comprehensive labour laws and protections, at present the
authorities are failing in their efforts to adequately protect migrant domestic workers. There is also a lack
of robust cooperation mechanisms between the Hong Kong authorities and governments in countries of
origin and solutions must overcome the dual jurisdictional nature of the problem.
They pointed to a need for pro‐active monitoring, investigation and prosecution of agencies and loan
companies. They recommended solutions that the Hong Kong SAR government should consider in
particular in regards to migrant domestic workers from Indonesia:
18 For example. SCMP, Wednesday, 19 August, 2015, “Make Hong Kong a safe place for domestic helpers,
lawmaker urges, ahead of talks with Philippine and Indonesian officials”. 19 HKSAR Legislative Council Secretariat, Panel on Manpower, 16 June 2015, “Employment of Foreign Domestic
Helpers”, Background Brief. LC Paper No. CB(2)1683/14-15(06). 20 Submission by Amnesty International, “Intermediary charges for foreign domestic helpers”, Agenda Item iv,
Panel on Manpower Meeting, Tuesday 18 June 2013 Legislative Council Paper No. CB(2)1386/12-13(01).
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1.1 Bilateral cooperation by the Hong Kong and Indonesian authorities that acknowledges the dual
jurisdictional nature of migration and the need for agreement on an overall maximum recruitment
fee per individual no matter where that fee is incurred or repaid. Maximum fees should be decided
based on tripartite (Government, recruitment association and trade union) consultation to ensure
that they are reasonable both in maximum amount and length of repayment schedule so as not to
leave the worker without enough money to live on.
1.2 Government regulation and oversight of repayment scheme for migrant domestic workers,
including repayment schedules and interest rates that do not increase debt and thus vulnerability
to exploitation. These schemes should be government administered, robustly monitored and fully
transparent.
1.3 Proactive investigation jointly by Hong Kong and Indonesian authorities on how placement
agencies are operating, and investigation of credible accusations by migrant domestic workers and
members of civil society of illegal, excessive fees and underpayment. Investigation should not be
solely reliant on workers having to file individual complaints at the Labour Department and
Tribunal. Those found to be complicit or actively involved in the trafficking of migrant domestic
workers for labour exploitation and forced labour should face adequate punishment that reflects
the serious nature of the crime.
As a matter of urgency, ratification of the ILO Convention 189 Concerning Decent Work for
Domestic Workers, and prior to such ratification, incorporating its provisions into domestic law and
implementing it in policy and practice.
Other recommendations (some similar or focusing on elements of the above) made by researchers and
groups representing FDWs in Hong Kong include:
2.1 Strengthen the recruitment regulatory functions of the concerned government agencies in Hong
Kong (EAA) and other countries, e.g. Philippine Overseas Employment Administration (POEA). For
example, the EAA should operate on the premise that there are malpractices occurring among HK
agencies and investigate practices21. This might also include lowering the evidentiary requirements
for complaints to sworn and notarized affidavits to make it easier for FDW to bring actions.
21 Asia Pacific Mission for Migrants (APMM), December 2014, “Invisible Chains: A Study on Agency-Related
Debt Bondage Among Foreign Domestic Workers in Hong Kong”, page 42.
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2.2 Tighten and make more explicit definitions for placement/agency fees to prevent agencies in
Hong Kong, Indonesia and the Philippines from easily circumventing their respective rules22. Ensure
full transparency/documentation of fees prior to the worker making commitments. Without clear
documentation and records the ability to prosecute errant agents is difficult in Hong Kong.
2.3 Improve cooperation23 among FDW organizations and trade unions in Hong Kong and donor
countries so that collective monitoring, action, policy and other strategies can be more effectively
undertaken. For instance, create a Task Force where FDW groups and trade unions are brought
together to address these recruitment problems.
2.4 Recognize FDW groups and trade unions not only as “dialogue partners” but as legal
representatives24 or advocates for DWs in filing complaints and seeking redress from unscrupulous
agencies. The extent of involvement by charities, unions and other NGOs in supporting DWs also
suggests Government channels and resourcing are not adequate.
2.5 Remove the downside risks to the DW in reporting: Introduce measures to help DWs overcome
their reluctance to report errant agents due to the personal and economic risks of possible job loss,
recriminations, and periods without income while cases are assessed.
2.6 Visible and Accessible Government support: Ensure the relevant Government agencies are open
on days domestic workers are able to visit. Ensure sufficient publicity and circulation of
employment rules and information.
2.7 Punitive measures to reflect the personal and family impacts of malpractices on FDWs: Impose
stiffer penalties on errant agencies. The present maximum fine of HK$50,000 is not a sufficient
deterrent. Licence revocation could be mandatory on successful prosecution and/or a bond system
similar to Singapore could be introduced to dissuade errant behaviour.
2.8 Encourage direct hire channels: Create, enhance and strengthen “direct hire” channels for FDWs25
– i.e. not using recruitment agencies or third party intermediaries, whether individuals or groups –
22 Asia Pacific Mission for Migrants (APMM), December 2014, “Invisible Chains: A Study on Agency-Related
Debt Bondage Among Foreign Domestic Workers in Hong Kong”, pages 44 to 46. 23 Alliance of Progressive Labor – Hong Kong, Progressive Labor Union of Domestic Workers in Hong Kong,
Labor Education & Research Network, Norwegian Confederation of Trade Unions & Friedrich Ebert Stiftung.
“Licence to Exploit. A Report on the Recruitment Practices and Problems Experienced by Filipino Domestic
Workers in Hong Kong”, 2013, Page 14 24 Ibid. Page 14 25 Asia Pacific Mission for Migrants (APMM), December 2014, “Invisible Chains: A Study on Agency-Related
Debt Bondage Among Foreign Domestic Workers in Hong Kong”, pages 43 & 44.
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so that recruitment agencies do not monopolize or create cartels that exploit the recruitment
process, especially in countries of origin. This would require changes in those countries’ laws which
prescribe the use of agents. The widespread adoption of smartphone technology in countries of
origin could help facilitate direct hire channels.
2.9 Naming, to Shame and Praise: Maintain and make more accessible a listing of Hong Kong and
country of origin licenced agents. This should include punished or blacklisted agencies as well as
agents with positive records or practices. Agencies with good track records might be given
additional accreditations.
2.10 Ensuring money lenders comply with regulations26: Licensed local money lenders target HK’s
domestic workers and practices often breach the Money Lenders Ordinance (Cap 163). Oversight
and regulation could be significantly improved.
Efforts by the HKSAR Administration and Department of Labour to Address Issues
Possibly in reaction to submissions by NGOs and unions, together with several highly publicised cases of
FDW abuse in the last 3 years, the HKSAR government has recently announced measures to enhance
protection27 of FDW.
Enhancing FDWs’ awareness of their rights: Since 2014, LD has stepped up its promotional and
educational efforts to enhance FDWs’ awareness about their employment rights and benefits.
Strengthening collaboration with Governments of FDWs’ Countries of Origin: Since 2014 the LD has
increased collaboration with FDW countries of origin. An inter-departmental regular liaison mechanism
with both the Indonesian and Philippines CG has been set up respectively since 2014 involving relevant
law-enforcement agencies 28 . This (amongst other things) is used to discuss matters and exchange
information about problematic employment agencies and coordinate promotional efforts.
26 HK Helpers Campaign, “Comments of Policies relating to foreign domestic helpers and regulation of
employment Agencies”, Tabled to the HK Legislative Council 10 February 2014, Paper No. CB(2)894/13-14(02).
Page 6. 27 HKSAR Legislative Council Panel on Manpower, 16 June 2015, “Enhanced Protection for Foreign Domestic
Helpers” LC Paper No. CB(2)1683/14-15(05). 28 Ibid Page 3. and Labour Department Press Release June 24, 2014:
http://www.info.gov.hk/gia/general/201406/24/P201406240875.htm
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According to the HK Labour Department, this inter-departmental liaison mechanism has been useful and
effective in exchanging views, coordinating efforts on systemic issues, and tackling individual cases
relating to FDWs. For example they point to their participation in briefings for newly-arrived FDWs and at
major social/cultural events organised by the Indonesian and Philippine CGs.
Strengthening the regulation of Employment Agencies: Even though there have been no changes in
regulations over the last two years, the Labour Department points to actions to strengthen the monitoring
of EAs by increasing manpower to allow more frequent inspections, and the adoption a “no tolerance”
approach to cases of overcharging of FDWs by employment agencies.
The Government issued a Draft Code of Practice29 for employment agents in April 2016, which aims to
improve professionalism across the industry. While the code is not legally binding, it sets out minimum
standards for agencies and guidelines for conduct which if not followed could lead to the revocation of
licences. As at May 2016 the Draft was in public consultation.
**** END ****
Thanks are due to colleagues at the Asia Pacific Mission for Migrants for reading through the draft of this
report.
29 SCMP, Wednesday, 20 April, 2016, “Hong Kong government issues draft code of conduct for domestic helper
agencies”.
http://www.scmp.com/news/hong-kong/education-community/article/1937133/hong-kong-government-issues-draft-
code-conduct
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References
Alliance of Progressive Labor – Hong Kong, (2013), “Licence to Exploit. A Report on the Recruitment
Practices and Problems Experienced by Filipino Domestic Workers in Hong Kong”, Progressive Labor
Union of Domestic Workers in Hong Kong, Labor Education & Research Network, Norweigian
Confederation of Trade Unions & Friedrich Ebert Stiftung.
Amnesty International (2013), “Intermediary charges for foreign domestic helpers”, Agenda Item iv, Panel
on Manpower Meeting, 18 June 2013 Legislative Council Paper No. CB(2)1386/12-13(01).
Amnesty International, 2013, “Exploited for Profit, Failed by Governments. Indonesian Migrant Domestic
Workers trafficked to Hong Kong.
Asia Pacific Mission for Migrants, (December 2014), “Invisible Chains: A Study on Agency-Related Debt
Bondage Among Foreign Domestic Workers in Hong Kong.
Hong Kong Free Press 10 July 2015 “Government fails to prosecute employment agencies exploiting
domestic helpers”,
https://www.hongkongfp.com/2015/07/10/government-fails-to-prosecute-employment-agencies-
exploiting-domestic-helpers/#
Hong Kong Helpers Campaign (2014), “Comments of Policies relating to foreign domestic helpers and
regulation of employment Agencies”, Tabled to the HK Legislative Council 10 February 2014, Paper No.
CB(2)894/13-14(02).
Hong Kong Annual Digest of Statistics, (2014), Table 2.12 Numbers of Foreign Domestic Helpers, Page 43.
Hong Kong Helpers Campaign, “Comments of Policies relating to foreign domestic helpers and regulation
of employment Agencies”, Tabled to the HK Legislative Council 10 February 2014, Paper No. CB(2)894/13-
14(02). Page 6.
Hong Kong SAR Immigration Department. (accessed 29 Sept. 2015). “Hong Kong the Facts”, Sept 2015.
http://www.gov.hk/en/about/abouthk/factsheets/docs/immigration.pdf
Hong Kong SAR Immigration Department. (accessed 29 Sept. 2015). “Immigration Guidelines for Entry
to the Hong Kong Special Administrative Region of the People's Republic of China”.
http://www.immd.gov.hk/eng/services/visas/immigration-entry-guideline.html
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Hong Kong SAR Labour Department Website. (3 October 2015) “Employment Agency Regulations”.
http://www.labour.gov.hk/eng/legislat/content2.htm
Hong Kong SAR Legislative Council Secretariat, Panel on Manpower, (16 June 2015), “Employment of
Foreign Domestic Helpers”, Background Brief. LC Paper No. CB(2)1683/14-15(06).
Hong Kong SAR Legislative Council Panel on Manpower, (16 June 2015), “Enhanced Protection for Foreign
Domestic Helpers” LC Paper No. CB(2)1683/14-15(05).
South China Morning Post, (19 August 2015), “Make Hong Kong a safe place for domestic helpers,
lawmaker urges, ahead of talks with Philippine and Indonesian officials”
Tan Carol G. S., (April 2014), “How Dewi Became a Litigant: Migrant Domestic Workers as Litigants in Hong
Kong”, Southeast Asia Research Centre, City University of Hong Kong, Working Paper No. 151.
Varia, Nisha, (2007) “Globalization Comes Home: Protecting Migrant Domestic Workers’ Rights”, Human
Rights Watch.
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Attachment 1
Skilled/Professional Employment & Investment-linked Schemes
1. General Employment Policy (GEP): Overseas professionals who possess skills not readily available
in Hong Kong, or who are in a position to make substantial contributions to the economy, may apply to
work here under the General Employment Policy (GEP). Applicants must have a confirmed offer of
employment, the remuneration package of which must be broadly commensurate with the prevailing
market rate of Hong Kong. In 2014, 31,676 overseas professionals were admitted under the GEP.
2. Admission Scheme for Mainland Talents and Professionals: was implemented in 2003 with
assessment criteria in line with those under the GEP. The objective of this scheme is to attract qualified
Mainland talent and professionals to work in Hong Kong in order to meet local manpower needs and
enhance Hong Kong's competitiveness. The scheme has no sectoral restrictions and allows intra-company
transfer of senior managers and professionals. As at the end of 2014, 74,456 Mainland talents and
professionals were admitted under the scheme.
3. Quality Migrant Admission Scheme: Implemented in 2006 the scheme is quota based and
operated on a points-based system. It seeks to attract highly skilled or talented persons from the Mainland
and overseas to settle in Hong Kong. Successful applicants are not required to secure an offer of local
employment before taking up residence in Hong Kong. As at the end of 2014, a total of 3,097 applicants
were allocated quotas.
4. Immigration Arrangements for Non-local Graduates Scheme was launched in 2008 to
complement the policy initiative to develop Hong Kong as a regional education hub. Persons from outside
the HKSAR who have obtained a degree or higher qualification in a full-time and locally-accredited local
programme in Hong Kong (non-local graduates) may apply to stay/return and work in Hong Kong under
the arrangement. Successful applicants may be granted 12 months’ stay on time limitation without other
conditions of stay. They are free to take up and change employment during their permitted stay without
the need to seek prior approval from the Immigration Department. As at the end of 2014, 41,194 non-
local graduates had been approved.
Investment Related Scheme
5. Capital Investment Entrant Scheme was started in 2003 with the objective to facilitate the entry
for residence of. persons who make capital investments in Hong Kong but would not be engaged in the
running of any business here. Entrants under this scheme are allowed to make their choice of investments
amongst permissible investment assets without the need to establish or join in a business. The investment
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Recruitment Costs – Hong Kong, April 2016 Page 16 of 16
threshold under this scheme has been raised from HK$6.5 million to HK$10 million with effect from
October 14, 2010. As at the end of 2014, 41,802 entrant applications were received of which, 27 997
applications were approved.
Other Immigration Schemes
One Way Permit Scheme: This was created in the 1980s to allow families (which were split between the
mainland, HK and Macau to reunite in an orderly fashion, and stem illegal entrants. The one-way permit
scheme is administered by the exit and entry administration offices of the mainland Public Security
Bureau. About 40,500 mainlanders settled in HKSAR in 2014 under the scheme. The selection of migrants
is under the control of the Public Security Bureau.
Second Generation of Chinese Hong Kong Permanent Residents
Persons who are the second generation of emigrated Chinese Hong Kong permanent residents from
overseas may apply to return to work in the HKSAR under the Scheme.