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SCMP Reporter

The Labour Department flies out an Indonesian helper to testify against her employer who is fined $44,000

A policeman's wife convicted of underpaying her Indonesian domestic helper was yesterday fined $44,000 - a record high for such an offence - in the Kwun Tong Magistrates' Courts.

It was the first time the Labour Department had arranged for a domestic helper to return to Hong Kong to testify in wage case, a move which cost it $13,000.

Between October 27, 2001 and October 31, 2002 domestic helper Siti Mariyam  only received $6,300 in wages from Mickey Chiu, the department said.

Ms Mariyam was entitled to $50,682, including wages, holiday pay and travel allowances.

She made a civil claim to the Labour Tribunal and Chiu agreed to pay the outstanding payment of $54,000, including the court fees.

The Labour Department later started a criminal investigation and found that there was enough evidence to prosecute Chiu for not paying the minimum wage.

When Chiu pleaded not guilty in the first court hearing in February this year, the Labour Department arranged for Ms Mariyam to return to Hong Kong from Indonesia to testify .

Permanent Secretary for Economic Development and Labour Matthew Cheung Kin-chung  said the expense of returning Ms Mariyam to Hong Kong was justified as the case set a precedent to discourage employers from underpaying their maids.

'The Labour Department takes a very hard line and would not hesitate to revoke [maid agency] licences if there is enough evidence that they are unfit to operate,' he said.

'It will help step up surveillance and strengthen contacts,  liaison with migrant worker groups and NGOs, and encourage maids being underpaid to come forward.

'But the biggest challenge for us is to encourage maids to be prosecution witnesses. We will study ways to facilitate them.'

Mr Cheung said the department would also strengthen liaison with migrant workers' groups, and work with other government departments, such as the police, to crack down on unscrupulous unemployment agencies.

A Labour Department spokesman said similar arrangements would be made in the future to pursue prosecutions if sufficient evidence was available and the foreign domestic helper was willing to testify in court.

'The court sentence sends a strong message to employers that they should not pay their foreign domestic helpers below the minimum allowable wage or they will be in breach of the Employment Ordinance and liable to heavy penalty,' he said.

Under the Employment Ordinance, the maximum penalty for underpayment of wages is a fine of $200,000 and one year's jail.

Employers who falsely present employment contracts to the Immigration Department saying that they will pay the minimum wage, without intending to do so, can be charged with making a false statement under the Immigration Ordinance. The offence carries a maximum penalty of $150,000 and 14 years' imprisonment.



Record fine for boss in maid wage dispute