• Wed
  • Jul 23, 2014
  • Updated: 8:50am
Erwiana Sulistyaningsih
NewsHong Kong
DOMESTIC HELPERS

Indonesian helper, 23, in critical condition after alleged beatings by Hong Kong employers

Police refuse to investigate case of Erwiana Sulistyaningsih without more details

PUBLISHED : Monday, 13 January, 2014, 6:52pm
UPDATED : Monday, 10 February, 2014, 2:56pm

Hong Kong police have refused to pursue an investigation into the case of an Indonesian domestic helper who has been left in a critical condition after she was allegedly abused and beaten by her Hong Kong employers.

Erwiana Sulistyaningsih is currently undergoing treatment at an Indonesian hospital after leaving Hong Kong following eight months of alleged abuse, said the Hong Kong branch of the Association of Indonesian Migrant Workers.

A police spokeswoman said the case has not been turned over to an investigation officer. She said: “The helper’s employment agency made a report to police on January 12 but the agency did not provide evidence to confirm where her injuries came from. We can just hope to get more details." 

This has drawn shock and disappointment from the city’s lawmakers and human rights advocates.

“Anytime someone is physically harmed there is no reason why police should not investigate,” lawmaker Charles Peter Mok said today.

Fernando Cheung Chiu-hung, of the Labour Party, said: “If a person is killed and no one reports the murder, I wouldn’t think police would want to wait for someone to turn up to provide evidence before starting an investigation.”

Sulistyaningsih had arrived in Hong Kong on May 27, 2013 to work for employers in Tseung Kwan O in the New Territories. She returned to Indonesia on the evening of January 10, requiring assistance from a friend to walk through Hong Kong airport because much of her body, including legs and feet, were covered in cuts and burns, according to Sringatin, spokeswoman for the Association of Indonesian Migrant Workers.

Her employer had given her HK$100 and a t-shirt and asked her not to speak with any Indonesians before boarding the plane, said Sringatin. Sulistyaningsih had not sought help from airport customs officers, according to the Immigration Department. 

The 23-year-old is currently in a “critical condition” in Amal Sehat Islamic Hospital in the city of Sragen, Central Java Province of Indonesia, and it is unknown when she will be released from hospital, said Sam Aryadi, Vice Consul for Public Affairs for the Indonesian Consulate General of Hong Kong. Aryadi said the consulate is currently preparing a formal report for police.

But advocates are calling on Hong Kong police to investigate the case immediately.

“In such an extreme case of violent abuse, it would strike me as the police’s responsibility to investigate and gather evidence, not agencies to find evidence prior to the police making an investigation,” said Robert Godden, Asia-Pacific Campaign Coordinator at Amnesty International.

Godden said there are elements in Sulistyaningsih’s case, such as the alleged HK$18,000 fees that she was required to pay to her employment agency, which should raise alarm about the possibility that her situation constituted a case of human trafficking. Human trafficking is defined by the United Nations as “use of force or other forms of coercion…for the purpose of exploitation.” Hong Kong should coordinate with Indonesian authorities to investigate more details of the case, said Godden.

Sulistyaningsih’s employment agency, Chan’s Asia Recruitment Centre, which is based in Causeway Bay, did not respond to South China Morning Post’s requests for comment. Hong Kong law stipulates that agencies can charge helpers no more than HK$401, but Godden said it is common for agencies to charge as much as HK$21,000 and some would withhold helpers’ passports, employment contracts and bank cards until the debt has been repaid.

Leo Tang Kin-wa, organizing secretary at the Hong Kong Confederation of Trade Unions, raised concerns that Sulistyaningsih was scared to file a report to police because of Hong Kong’s mandatory “live-in” policy for domestic helpers.

“Why did this case just come to public attention after the helper returned to Indonesia? It is because Hong Kong has failed to provide a safe environment for workers. She was forced to live with her employers, and there were no public-funded crisis shelters for helpers that she could have escaped to. It is very hard for helpers in Hong Kong to seek help.”

Mok said that the government should “revisit” mandatory live-in rules to assess whether abolishing the rule would reduce the occurrences of abuse cases, and Cheung said the government should also consider removing the “two-week” rule.

“If helpers want to quit abusive environments they would have to press charges within two weeks and afterward cannot work and have no ways to sustain themselves in Hong Kong,” Cheung said. "Many choose to return instead to their home countries, saddled with agency fee debt." 

Last September, the employers of Indonesian helper Kartika Puspitasari, described by the presiding judge as “cruel” and “vicious”, were found guilty of systematic abuse over the span of two years.

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This article is now closed to comments

caseyli104
get well soon
silvia.bonvini@gmail.com
While we see the HK government finally taking action in investigating into this, we need to make sure that both governments are finally seeing the need to rectify a much broader issue of flawed policies targeting foreign domestic workers instead of excusing themselves by stating that these abusive cases are a rarity when statistics have clearly shown otherwise. HK Helpers Campaign has laid out 3 simple points that the HK government can do and should do SOON to provide domestic workers with the basic protection they are entitled to. Check out: ****hkhelperscampaign.com/campaign-points/ We need to do something now to pressure the governments take their people seriously and make real changes happen!
he.man69
The employer is come from China, NOT Hongkonger !!!
andreaswagner
Shame on you Hong Kong. I am getting more and more disgusted...
garrhokming
Allegation had been to Hong Kong Police. there was no refusal for investigation. Three CID officers of HKPF had gone to Indonesia to get statement from victim. Also, there must be some evidence got at crime scene and also CCTV at Airport (Immigration Dept.) and the CCTV of the building of employer to prove the victim got injury on her face when she use the lift and the management office , and passed through the counter of Immigration. Dept. We are pending for the result of police enquiry
ejmciii
Feeling like a proper nitwit about now? Probably not. Your arrogance probably is only exceeded by your foolishness.
ossiefox
It is appalling to read this type of news article. It is even more distressing that the police are noted to not even bother to investigate. It is not the employment agency responsibility to provide evidence, it is the police departments obligation to investigate. The pictures alone provide sufficient basis that some form of brutal and primitive abuse has been carried out. The police are obligated to identify where and who did this.
in civilized communities abuse of employees has been a criminal offense. Hong Kong cannot allow this kind of treatment to exist and it is the obligation of the authorities and the citizenry to work to stamp it out.
The young ladies who provide such a valuable and underpaid community service in Hong Kong deserve the communities support and protection.
Please speak up on this matter and ensure it is stopped.
colui72
No human can be tortured in this way, whatever mistake she might have done at work. Police must investigate this.
HK is one of the safest places because of the triads that don't allow small criminals in their town. HKP are just very good at walking around, not sure about how effective their investigation skills are...
nathalie.forde.31
Well, I think we are meant to feel safe in HK. When women, from any background, are being raped or physically abused, they are told to keep it quiet....
No rules whatsoever about abusing helpers as their are mostly seen as slaves, occassionally by some Westerners too. I am so disgusted! I have no idea how you could possibly treat anyone in this way. And she has 2 kids! Where is the father? Under the floorboards?
Moonlight31
This sort of Physical abuse to foreign domestic helpers is not a new thing for the people in Hong Kong. On several occasion the role of Hong Kong police is questioned, if anyone attempts to lodge a complaint against errant employee the police will not withdraw your case at first instance. Government of Hong Kong and Hong Kong human rights activists seems to be in deep sleep. Please wake up.

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