Hong Kong’s errant domestic helper agencies are everywhere and unafraid of the law
David Bishop says the recent amendment to the Employment Ordinance to crack down on widespread illegal practices among helper employment agencies is a step in the right direction. Unfortunately, the agency tasked with the job appears to be underfunded
On February 9, the Hong Kong government took a big step towards securing the city’s economic future and rehabilitating its reputation for rule of law. That day, the Employment Ordinance was amended to curb the rampant abuses of one of Hong Kong’s largest black markets: domestic worker employment agencies.
The amendment increased penalties for overcharging workers and operating an employment agency without a licence from a fine of HK$50,000 to one of HK$350,000 and three years’ imprisonment. The statutory time limit for prosecution of abuses was extended from six months to 12 months, giving employers and domestic workers more time to bring legal claims against agencies. The ordinance now covers persons associated with agency licensees, making it harder for bad actors to hide behind complex ownership structures.
This was a necessary and overdue change. Numerousreportshave explained how Hong Kong’s 1,400 domestic worker agencies overcharge workers, steal passports and lie to employers. Surveys consistently show the distrust that employers have towards agencies, and frequent protests by domestic workers are reminders that they, too, are tired of illegal agency practices. Everyone seems to agree that agencies need more regulation and stiffer penalties for bad behaviour.
But, surprisingly, this important move went largely unnoticed, despite the government’s pronouncements at the end of 2017 on the importance of helpers to our economy. Secretary for Labour and Welfare Dr Law Chi-kwong said the number of helpers in Hong Kong would need to increase from 360,000 to 600,000 over the next 30 years.
Without major policy and significant lifestyle changes, Hong Kong would fall apart without helpers
Considering that the current number represents 10 per cent of our working population, this is significant.
Why has the government increased penalties after so many years? One important reason surfaced in Dr Law’s interview: competition for workers from other places, such as mainland China, Japan and South Korea.
Let’s be clear: without major policy and significant lifestyle changes, Hong Kong would fall apart without helpers. Middle-class women stand to lose the most if this supply of labour is diminished. Most dual-income families employ a helper, contributing to Hong Kong having one of the highest rates of female tertiary education and employment in the world.
In this #MeToo era, I hope we can all agree that female empowerment is great – but only so long as it does not come at the expense of other women.
