We refer to the report headlined 'Labour-claim maids left in limbo' (South China Morning Post, July 16), which requires clarification.
In the report it was stated that foreign domestic helpers were banned by law from finding another job until they had settled their claims against their former boss. The true position is that the Director of Immigration has the discretion whether to approve proposed new employment and issue a new employment visa before the claims are disposed of.
The Secretary for Education and Manpower, in an answer given in the Legislative Council to Elsie Tu on May 20, 1992, stated that foreign domestic helpers were not normally (our emphasis) allowed to work for new employers during the waiting period.
The use of the word 'normally' suggests the existence of exceptions, and to our knowledge based on experience since 1992, exceptions have often been made.
Any application for approval of new employment has to be considered in the light of the administrative policy summarised in another answer to Mrs Tu's question: 'Foreign domestic helpers are allowed to change employment only in exceptional circumstances, for example, where a foreign domestic helper has been unfairly treated or where an employer is unable to continue with the contract because of financial difficulties, emigration, transfer abroad, or death. The Immigration Department considers the circumstances of each case to see whether there are strong humanitarian or compassionate grounds to justify exceptional treatment.'
The cases mentioned in your report would appear mostly to be instances of unfair treatment. The Director of Immigration may see this as an exceptional circumstance.
