Mainland maids: a minefield in the making?
Hong Kong's economic miracle was created by China's economic reform and open-door policy in the 1970s. This dramatic shift of our economy saw the rise of a new middle class, providing opportunities for both parents to work. The new trend gave rise to the need for domestic helpers to take care of young children and elderly grandparents at home.
To satisfy an increasing demand, the government introduced legislation in 1973 for the employment of domestic helpers. But because of political sensitivity during those years, when Hong Kong was still under British rule, the new laws did not allow mainlanders to do such work in Hong Kong.
According to the Immigration Department, there are more than 260,000 foreign domestic helpers in Hong Kong, of whom 90 per cent are from Indonesia and the Philippines, with the rest mainly from Thailand.
There is an increasing demand for Indonesian and Thai maids over Filipinos because most of them can speak Cantonese. This means language is a priority for some employers, especially when the maid has to care for the young and the elderly.
The Hong Kong Employers of Domestic Helpers Association has argued for years that, since the government has kept its door wide open to foreign domestic helpers, it should also extend the same policy to cover mainland maids, offering them equal opportunities to work here.
Now their wish may be one step closer to reality following a government think tank proposal to look into the possibility of allowing the employment of mainland maids if certain key questions can be addressed.
The Central Policy Unit has not denied that there is a job market for mainland domestic helpers, because employers prefer to hire someone who comes from a similar cultural background and can speak the same language.
The think tank has proposed that the terms of employment should be the same as those currently enjoyed by foreign domestic maids. But it has suggested putting in safeguards to prevent people abusing the system by seeking to settle in Hong Kong permanently or bring in mainland relatives and mistresses.
It has proposed setting a minimum age limit of 45 and restricting them to working for no more than six years in the city so they will not be eligible for permanent residency. And, instead of giving employers a free hand to choose whoever they want, applicants will have to go through an authorised agent.
Setting a minimum age could be viewed as discriminatory. Furthermore, it will not stem the flow of mainland mistresses.
The mainland maid debate, which has lingered for years, rages anew as Hong Kong and the mainland become increasingly integrated. No doubt, as the two become closer, this will provide many more opportunities for mainlanders to work in Hong Kong.
When the government rejected the idea in the past, officials were mainly concerned that mainland helpers might breach their conditions of stay and the system would be inadequate to avert abuse.
The reality is that illegal employment among foreign domestic helpers is prevalent in Hong Kong; many are required or forced to carry out non-domestic work for their employers. The authorities have taken rigorous measures to try to combat this kind of illegal employment. But if a mainland maid is working illegally, she will be less conspicuous, and will not be easily detected.
We need to navigate carefully around this complex issue. For example, there will still be many ways to skirt the law: employers can find ways to hire people they know or relatives by making parallel arrangements with other employers, meaning they can hire for each other.
We must prevent such underhand deals and stop unscrupulous employers circumventing the law. Otherwise, we risk opening a Pandora's Box.
Albert Cheng King-hon is a political commentator
