Hiring a Domestic Helper with a criminal conviction



ORIGINAL POST
Posted by blueberry88 16 yrs ago
Sounds strange, given there are so many DHs to choose from in HK, that we are asking this - but we have this lady who seems perfect otherwise, but has a conviction history - she told us that she was wrongfully convicted for prostitution solicitation and plead guilty only because that was the cheap way out. Leaving aside the issue of the truthfulness of her story, immigration officers have warned us that our application may be denied. Naturally, we don’t want to waste the 6 week waiting time. But she has told us based on her friend's experience that this should not be a problem. Have you ever had that before? Any advice? Very much appreciated.

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COMMENTS
Moppet 16 yrs ago
Be suprised if immigration will grant the visa and personally i wouldn't have anyone with a criminal record living in my home. It's just not worth the risk to me.

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axptguy38 16 yrs ago
Agreed with the above two. Not to be insensible here but there are plenty of candidates, the vast majority of whom have no criminal record, "wrongful" or otherwise. I strongly advise you to look at someone else.

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halfedge 16 yrs ago
With the exception of the Swedes among us, we all come from countries where prostitution is legal, and prostitutes are not criminals. Even in HK, prostitution as such us no criminal offense. And even if this woman was a hooker, who are we to judge her. Do we know where she is from or what she went through? So its entirely unclear to me why everybody would be raising their fingers.


If blueberry wants to hire this woman, hooker or not, she deserves support.


I don't know if getting a visa is a big problem. If you strongly support her, that might work.


Depending on her background, there might be easier solutions. In some countries, e.g. Indonesia, the helper can just buy a new passport with a new identity. Problem solved.

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axptguy38 16 yrs ago
There are plenty of FDH candidates out there. Why bother with the potential issues when you can get a FDH with a clean record? Sure, there may be issues with any candidate, but you should least avoid the ones with KNOWN issues.



When I told my wife about this one her immediate response was "The answer is NO!" coupled with an "are you kidding?" look.



"With the exception of the Swedes among us, we all come from countries where prostitution is legal,"


What does Sweden have to do with anything in this context?



"Even in HK, prostitution as such us no criminal offense. "


Prostitution is legal in HK, but only within certain very closely defined parameters. Streetwalking and soliciting (apart from some well defined forms) are illegal. Certainly you can't be a prostitute on an FDH visa. It's a crime, no matter the discriminatory principles applied.



"So its entirely unclear to me why everybody would be raising their fingers."


Prostitution, at least for me, wouldn't be the big issue. Illegal prostitution is a crime. That is the problem. She was convicted of a crime, and it certainly wasn't jaywalking.



"Depending on her background, there might be easier solutions. In some countries, e.g. Indonesia, the helper can just buy a new passport with a new identity. Problem solved."


So on top of her first crime, you want her to commit a second one (getting a false identity) and a third one (applying for an FDH visa under false pretenses)?



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Maj 16 yrs ago
I was once convicted in HK (Overstayed for 6 months) the immigration told me to apply for a visa if i want to come to HK and that i need to obey the rules.I did that for like 2 years, then after 2 years the immigration informed me that i don't need to apply for a visa next time i come to HK..


I am now HK resident and soon to be PR(one year more)..





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Wilks 16 yrs ago
I would'nt want an ex-prostitute under our roof. My wife would be worried everytime I'm at home alone with the maid...

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jopet 16 yrs ago
better consider looking for another candidate...there are hundreds of them out there.

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abby78 16 yrs ago
immigration will not issue her a visa, because in hongkong if you are convicted/detained in any case you will be repatriated to your country of origin, You can still come back here as tourist, but you are not allowed to work for at least 2 years, you can visit but no working visa, unless you can get married when you are back then you can work again because you will have a residents visa by then.



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halfedge 16 yrs ago
Precisely. She was convicted according to some law that from a cultural point of view most of us do not share. Same as if she came from Saudi Arabia, and had a conviction for not covering her head. Sure, she has a criminal conviction, but is not a criminal by our standards, and we should not treat her as such.

And thus offer her a job.

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axptguy38 16 yrs ago
"Precisely. She was convicted according to some law that from a cultural point of view most of us do not share. Same as if she came from Saudi Arabia, and had a conviction for not covering her head. Sure, she has a criminal conviction, but is not a criminal by our standards, and we should not treat her as such.

And thus offer her a job."


First of all, there is only her word that the conviction was wrongful.


Secondly, the issue of whether we find prostitution a crime is somewhat irrelevant. She committed a crime. The fact that we don't think it should be a crime doesn't make it less of a crime. If my wife were convicted of being without a headscarf in Saudi Arabia I would of course support her but in the end she would have only herself to blame. This woman apparently knowingly committed a crime. Her morality is perhaps more flexible than is desirable for a person taking care of children.


Thirdly, this would be very different if she were being considered for a job at a workplace with more than one employee. If any issues arise at a workplace with 50 employees, and an employee has to be terminated, that loss can be absorbed. If a helper unexpectedly leaves, there is no one to take up the slack.


The helper is the ONLY person taking care of the household and the kids. As an employer, I wouldn't want to risk it, especially with no backup plan. There are plenty of other candidates with no convictions.

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katana 16 yrs ago
Changing your name and passport and returning to HK is not as easy as it once was as these days HK has a biometric ID card with fingerprints, there is facial recognition in use at the airport etc.

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DC Ltd 16 yrs ago
Seems like she's not being totally honest with you - the police here aren't exactly over the top so if they caught someone most likely they were in the wrong place. I'd take that as a sign of the integrity of who you're dealing with. There are many good helpers out there.

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jaysmith 16 yrs ago
I would be understanding if she said she made a mistake and regrets it, but what she is telling now is probably a lie, which is more serious to me than the minor criminal record. you can't have dishonest people in your home, trust me !!

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axptguy38 16 yrs ago
"As far as I know, prostitution is not a criminal offence in Sweden BUT paying for sex is . So the client is a criminal, not the prostitute...."


Correct. Since the law was introduced... nothing has changed...



"Giving someone another chance who is prepared to change, after a minor misdemeanour? In my book, that's called kind & noble"


Sure. And if she were applying for a job at a company, that would be fine. The company can mostly absorb the issues if something more happens. But helpers are uniquely placed to really throw a wrench in the works if there are any issues. I wouldn't take the risk.

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FKKC 16 yrs ago
The problem is already in front of you so how can you still invite it in?


Giving someone another chance is always a good gesture.....in her case, although private home is not an option, there are jobs in hospital, office, department store, restaurant, clinic, factory etc etc. which would readily fill her in.

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Mighty 16 yrs ago
""Naturally, we don’t want to waste the 6 week waiting time.""


It sounds you are already impatient about this 6 week waiting of uncertainty. So why you still invite the trouble in, as FKKC suggested. There are loads of 'perfect' helpers out there... just pick one that doesnt need you to hv the second thought of posting a thread here again.


""But she has told us based on her friend's experience that this should not be a problem"" .... one of her friends... those usual tricks again. Come on... too fishy.



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