Police complaint

If I find my valuables in my helpers personal belongings what are the actions I can take as we have already fired her and have all papers signed of all dues.(all wages paid,wages in lieu of one month notice and air tic fare).She being a widow we left her as we didnt want to make trouble for her and her 3 children back home.


Now she is sending us notice that we have not paid salary, not given holidays,wages in lieu of notice and air tic.And also that we made her sign in duress and forcibly.And she will take us to small claim tribunal.I have pictures of her with her friends in my house when we were away for a vacation and also pictures of my things in her purse and cupboard just took them for safety if i would ever need them.After she left I found many of my jewelry missing as well.


My question is if we file a police complaint, what are the procedures and how does police deal with these issues.Helper is already out of the house and we dont know where she is now.What are the other actions that we could take?


Please help

Thank you.

In the first place why never call the police when you first found your valuable belongings on her things? and havent you got a proof that she has been paid everything when she left your house?

send all documents and proof (proof of payments, copies of ticket, etc...) with a cover note explaining to:

immigration (they will add to her file)

Philipine consulate (they might also add to her file or be able to suggest appropriate action)


Both might ask you why you didn't call the police.


In the meantime, call the police and ask what you can do, or if it is too late.

I'm not a Hong Kong lawyer, but I disagree with what has been said. In the USA at least, a civil case and a criminal case are two different things. They may both be pets and may look somewhat similar, but you shouldn't confuse a cat and a dog. Similarly, you should understand there is a big difference between a criminal and a civil case. On the criminal side, why would posters think it's too late to file a criminal complaint? In the common law system, assessment of whether it's too late is a matter of "laches," or whether it's too late as a matter of fairness to the defendant in ability to collect evidence. In big cases like murder, it's almost never too late to bring charges if there's a break in the case. In small cases like petty larceny, the period for laches may be much shorter, one to three years. But that is only on the criminal side. The nanny is threatening civil prosecution, essentially for money, so we are talking about a civil case. While criminal charges must be proved beyond a reasonable doubt, civil cases need only be proved by a preponderance of the evidence, which is whether the scales tilt more to the right or to the left, and civil cases are about monetary damages and restitution rather than jail time. In this case, you have a defense to the civil case -- that you dismissed her because she stole from you. It's a matter of what evidence the judge chooses to believe, whether you can get the photos introduced into evidence and whether they are plausible, whether she would testify the evidence was manufactured, whether there were other witnesses besides yourself. Will the judge think that you manufactured the evidence, or will it be a good defense? That is a matter of objective assessment by your lawyer. And if she is going to sue you, you do need one. My own position, galled at her nerve, would be to say, "Come on, sue me," and then counter claim for damages for the lost jewelry and restitution. I also agree with the recommendation to check into the police report and filing a report with her consulate. You tried to be nice, now in light of her new stance it's time to play hardball. But be forwarned, if you are lying, boy it could be really bad for you. If you did manufacture or plant the evidence and fire her unjustly, there could be hell to pay ($$$) if a judge catches you. Because judges tend not to look kindly on fraud or on abuse of the judicial system.

Oh, I started my last post with "I disagree" but there's also a lot I agree with. Green has good insight. You should have put in the termination letter that it was for theft, and report to the consultate which is your only real way of warning future employers. You also might get more help by posting on the "legal" section of the bb, where some lawyers troll. As a practical matter, it may be that she really is just trying to extend time to stay, but I wouldn't count on it. I'd prepare my case and get ready. "RFT" = "ready for trial" It never hurts to have that nice little file together and be RFT.

Well said Mei.....

Meiquoren - Your comments it’s scary for Ria. It’s only small claim tribunal it’s about money and it is civil case, and if the employers already paid all they should pay then the judge will release. However I agree that a civil case and a criminal case are two different things.


Ria - Did you pay your helper in proper wages? Did you give her a holiday once every 7 days? If your payment wages or holiday are not proper, it may you need to pay for that. Even you had asked your helper signed a receipt paper, doesn’t help.


Who did the termination of the contract? By you or by your helper?


If the termination by you then you have responsible to pay her an air ticket and one month in lieu and travel allowance $100, but if your helper terminate the employment contract then she need to pay you one month in lieu or work 30 days more to you. And you do have responsible to pay her an air ticket. (Please see the standard employment contract No.7 (a & b) chapter 57.)


IF you are already pay what you should pay to your helper, then send all the evidence to LABOUR DEPARTMENT which district near of your home place, if you already got the letter from the small claim tribunal then send the evidence to the small claim tribunal stated at your letter.


But if the termination by you and you forced your helper to sign a paper as proof that she terminates her contract, I am afraid that you may need to pay her one month in lieu and the air ticket. No wonder if your helper claim you cause you never know who your helper behind is, she may ask help from some domestic association.


If you want to file a case to the police it’s too late, since you didn’t report immediately. Better find all your evidence to against your claimant.