The hardships encountered by domestic workers who break the law in Hong Kong have been highlighted by a news program which focussed on one maid’s plight after she fell foul of the law.
Every year about 200 domestic workers are arrested for illegally working, but in some cases, they are only following the instructions of their employer when breaking their contracts.
A story on ‘News Lancet,’ a news program featuring investigative reports produced by local broadcaster Cable TV, has revealed the hardships encountered by one domestic worker who was arrested for working illegally. The show highlighted her long wait before being put on trial in Hong Kong.
Cecilia Guevarra, a Filipina maid who had worked in Hong Kong for 15 years, was arrested in May last year for working illegally. She said she worked for a businesswoman eight years ago doing domestic duties at her employer’s residence.
One day she was asked to go to her employer’s office in Central on Hong Kong Island and was told to work as a cleaner in the office. Guevarra said she knew it was illegal, but wanted to keep her job, so she followed her employer’s instructions and worked in Central.
On May 8, 2017, officers from the Immigration Department raided the office and arrested her for working illegally. Her employer was also arrested on the same day.
Guevarra was remanded in custody after her arrest. During her time in custody, she learned her youngest son had been killed in a traffic accident in the Philippines. However, she was not allowed to leave Hong Kong until her trial was finished.
One month later she was released on bail and faced more difficulties – she had lost her job and had no money. A charity organization arranged some accommodation for her in a homeless shelter and gave her a small allowance. She said she only ate bread through the day and rarely had enough money to buy food for dinner.
Guevarra was only given a temporary identity document and when she fell ill, she could not afford to pay the medical fees at a private clinic or public hospital.
In early February, Guevarra and her former employer had to appear at the Sha Tin Magistrates’ Court, but their cases were presided over by different magistrates. Guevarra, who was represented by a duty lawyer, pleaded guilty. Her former employer, who was represented by a Senior Counsel, denied a charge of conspiracy to breach the conditions of stay.
The former employer was acquitted as the magistrate said that Guevarra, as a prosecution witness, gave contradictory testimony and the prosecutor could not prove that her former employer instructed her to work at the office.
Meanwhile Guevarra, who faced three offenses, was sentenced to three to six weeks in jail. However, the magistrate accepted that she was directed by other people to break the law and her sentence was suspended for two years.
After waiting nine long months for the case to end, Guevarra said: “I’m not angry but it seems, for me, it was just not fair.”
She said she would return to the Philippines because she missed her parents and son.
hope that everyone learn from this lesson..before you enter to a job,it’s important to learn the law of the country where you are in..do not accept a job just because your employer asked you to do the work or you want to receive a higher salary…Don’t hesitate yourself to call the police if needed,this is for your protection. ..
I can say that the magistrate is obviously unfair.why?because even a simple mind can determind that they employer is the one to be punish.why?because without her command how come the helper do a work in her office?
But whyI only the helper to be punish?
This is how modern slaveryand do?
Because even their law is swallow if the accuser is their people.
And hope this issue also enlighten the mind of their magistrate or judge.
It its very unfair for the helper,she just follow the instructions of her employer, dapat employer also will suffer, because the helper will not do that unless the employer didn’t commanded her to do. Lessons to learn mga kabayan, a ganyn case, break the contract instead of working illegally.
Very true!!justice not fair to her..how come the helper can go there to clean without the permission of her employer???why need more evidence from.her to prove that she just doing and decided for herself only my God..If employer knew that earlier that her helper did it without her knowledge then she must earlier terminated then cos of that..unfair judgement..Lesson must be learned from this for those who are doing like this cos of thier employer wanted to do so..Just be aware now all my fellows Helper here..I’m so sad for her and she didn’t deserved that unfair judgement on her case 🙁 🙁 (u) (u) ..May God Bless you our kbbayan and stay strong ????????
Absolutely!
What a stupid magistrates,.. Very very injustice indeed… I can’t say much about this, absolute stupidity from the magistrates
!!!!
Yes, besides both the employer & the helper were in the office during the raid, it’s really between the rich & poor, obviously Racist judgement!!!
RACIAL DISCRIMINATION APPLIES!
To avoid those illegal works,report immediately to the labor.You know our right,..
hongkong government must give fair judgement especially for dh we just follow employers order how come they judge unfairly,so sad
What kind of judgement very bias.
A bullshit law!
When next time any employer insist you to do some thing which is against the law better ask employer to give you written order
Unfair judgement.Offices are very well guarded..How can.the helper know his employers office….So sad…
True… How come the employer is acquitted while the helper are persecuted.
Truly… you cannot do anything like that unless you were told to do so…
That is a very riduculous judgment. Will a domestic helper just suddenly pop out and work at her employer’s office without the latter’s instruction? No helper will just suddenly go her employer’s office without being told to do so. Just in case the helper really did such move, why did she not asked the helper to go back home and inform her that working in her office is illegal? No helper in her sound mind will do such action in her own volition. Come on. Im not taking d side of the helper but in my own point of view, it is very ridiculous to acquit the employer. They based their decision mainly because the helper gave contradicting statements. They must have considered that she is under pressure too. She is caught between the immigration and having the fear of losing her job. Her being caught working in her employer’s office is SELF EXPLANATORY my God! The evidence speaks for itself! She MUST and should have been instructed by her employer to do the job. Justice is really for Rich People. God Bless them. ????
we have to learn a lesson to our kababayan,if against the and the employer ask you to do so,don’t hesitate to answer, other wise employer will bully you.
The besr way is to tell the employer right away that it is illegal. If the employer insists then do not follow and tell the police.
Do not be afraid to inform the immigration once the employers is asking you to do things which are not stipulated in the contract. I hope this incident will enlighten others too.????