• Sun
  • Oct 26, 2014
  • Updated: 11:08am
Erwiana Sulistyaningsih
NewsHong Kong
HUMAN RIGHTS

Imprisoned and beaten: Second helper tells of escape from violent Hong Kong employer

Hong Kong woman arrested but not charged after Filipino helper said she was imprisoned and beaten from the day she arrived in city

PUBLISHED : Thursday, 08 May, 2014, 6:00pm
UPDATED : Friday, 09 May, 2014, 3:03pm
 

Another domestic helper has come forward claiming she was verbally and physically abused by her female employer for nine months.

Following the alleged abuse case of Indonesian helper Erwiana Sulistyaningsih, Filipino Rowena Uychiat claimed today she was imprisoned at her employer’s home in Yau Yat Tseun, Kowloon Tong, from the day she arrived in Hong Kong on July 22 last year and eventually escaped to seek refuge in the Mission for Migrant Workers shelter.

At a press conference today, organised by the Justice for Erwiana and All Migrant Domestic Workers Committee, she said: “I was shouted at, called stupid and abused verbally.” Wiping tears from her face, the 37-year-old widow said she was constantly beaten with a wooden stick, slapped, kicked and had her hair pulled.

Uychiat, who has previously worked as a helper in Kuwait, claimed all her documents were taken from her and she wasn’t even allowed to leave the house to collect her Hong Kong identification card or send payment balance to her recruitment agency in the Philippines. She also said the agency had illegally charged her HK$9,100.

After months of abuse, the mother of two children said she finally called a relative for help when her employer was on holiday last month, and was referred to the Mission for Migrant Workers at St John’s Cathedral in Central, who took her in.

The police were called and a criminal investigation is in progress. Uychiat is also pursuing a civil compensation case.

Cynthia Ca Abdon-Tellez, the general manager of the Missions for Migrant Workers shelters, said: “We see a lot of stuff like this, but we respect their decision on whether or not to go public on the matter."

She added that they currently have 27 domestic helpers living at the shelter, including Indian and Sri-lankan helpers, despite the small number from these countries working in Hong Kong.

Abdon-Tellez said that physical and verbal abuse was common. “It’s very tough for them, because of the long period of resolution of cases. It’s a dilemma for them because they cannot find work in the meantime, and many would rather go home,” she said.

Eman Villanueva from the Asian Migrants’ Co-ordinating Body said, however, that catching abusive employers is not enough.

He accused the Hong Kong government of dismissing Indonesian helper Erwiana’s case as a one-off, but said the number of abuse cases being exposed indicates that “abuse happens as a rule rather than an isolation”.

“A bad employer could abuse one, two, five or 10 migrant workers; but a bad policy will affect all migrant workers,” he said. “Bad policies are even more dangerous.”

Villanueva called for the government to abolish the two-week rule, requiring dismissed helpers to leave Hong Kong within that time, and the live-in requirement, which requires helpers to reside with employers. As well, he called for the government to regulate recruitment agencies and punish employers and agencies who break the law.

The spotlight has turned on the plight of migrant domestic workers since the case of Erwiana, who was allegedly severely abused by her former employer.

Law Wan-tung, 44, faces 25 summonses for suspected breaches of the Employment Ordinance in addition to seven criminal charges of physically abusing the maid.

The case has been adjourned to May 20 in Kwun Tong Court.

 

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This article is now closed to comments

wumao
Rowena claims she wasn't free to leave her employers home and had her passport and HKID confiscated. This shouldn't surprise us.
.
In depth interviews of Indonesian helpers conducted by Amnesty International in 2012 found that more than one third were not free to leave their employers homes. Most also said that their employer/agency (illegally) kept their identity documents/employment contract.
.
Such abuses of the law are clearly commonplace. When are the Labour Dept and the Police going to start providing helpers with the protection the law gives them. Or is it that they don't deserve protection because, after all, they are domestic helpers and non-western foreigners?
wumao
Rowena's case is just one more example of the law failing to provide protection to helpers. She allegedly was forced to work 21 hours a day without a day off. She alleges her working hours were from 6am to 3am. This is NOT illegal in Hong Kong. It shows that helpers must be included in forthcoming MAXIMUM HOURS legislation.
.
And, as anyone who knows any helpers will know, the current law giving helpers a 24 hour rest period every 7 days is flouted by employers. MOST helpers work before they leave the employers home on Sunday and and again when they arrive home by their 8-9pm curfew (illegal).
.
Many employers will say: 'she offers to do this', but let's get real. Would we work for our employer on our one day off EVERY week if we were being paid $4010 per month. I don't think so. Helpers do this because they don't want their employers to be angry at them.
.
SHAME on employers who take advantage of their helpers in this way. And even worse, the Labour Dept actually ENCOURAGES this practice on their website. What an embarrassment to Hong Kong!
wumao
Apart from the abuse that Rowena has suffered, what must also be of great concern is her claim that she was overcharged by her Hong Kong agency. The agency allegedly charged her $9110. The law allows the agency to charge her a maximum of $401.
.
A Catholic Commission for Labour Affairs survey conducted this year and reported in the SCMP found that 60% of helpers paid more than the legal limit to HK agencies to find them an employer and 15% paid more than $9000. These statistics show that the Labour Dept is doing AN APPALLING JOB of enforcing the law. Those in positions of responsibility need to be made ACCOUNTABLE for this failure.
.
The law is also totally INADEQUATE. The maximum fine an agency can face for breaking this law is something in the region of $50,000-$60,000. Anyone with elementary maths can see that it makes sense for the agency to overcharge. They only need to overcharge a handful of helpers and they have the money to pay any fine. Of course, almost none are fined anyway- ineffective Labour Dept.
.
There should be ZERO TOLERANCE for overcharging by agencies. Penalties should be a minimum of $500,000 and automatic suspension of the agency's license.
Suky123
Sss
M Miyagi
Given the controversies over maids in HK it will be better if all maids are banned. Better for the HK people to do their own laundry, cooking and cleaning up. Also too many foreign maids in HK gives HK an unsavoury flavour especially since a lot of expatriates with maids are involved in sexual abuse of their maids.
allan94
you should move to spore. they like your type of solution for problems....just ban, fine ,cane and jail everything that doesnt work.
wumao
Helpers want to be here. Employers want them here. The solution is that helpers are treated with respect.
hkscmp123
Alleged abuse. That's all that is for now until proven.
How can this girl have been "imprisoned" if she had access to a phone and the employers went on holiday leaving her in a home (with windows, presumably, through which she could shout for help).
Let's (and the press) be cautious before treating these cases with assumed-employers-are-guilty attitude and celebritize the helpers who gain immediate "victim" status.
Some employers are indeed exploiting the poor helpers not just their position but their submissiveness. That must be fiercely condemned and punished by the Law of our society.
Helpers should speak up once they experience any abuse, it's the only way to prevent it from getting worse.
allan94
this is very ignorant to blame the victim. we have lots of cases in the world of young women imprisoned as sex slaves for years......bec they are terrified or lack the knowledge to ask for help. Of course Ms Law is innocent until proven guilty, but surely it is conceivable that the maid was too scared to take action, maybe too ignorant to ask for help, or maybe too forgiving, hoping that the employer will change? It;s just like religion...many supposedly intelligent.people believe in their god blindly, despite the fact that their god may have failed to answer their prayers, bec they cannot find an alternative to their beliefs.
we have to find the truth. blaming the victim is not a good first step.
wumao
How can this have happened? Well it's happened in two high profile cases in the last few months- those of Kartika and Erwiana. So it happens.

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