Posted by
hkwatcher
11 yrs ago
Heard that Tue. the 29th a well known boarding house was raided in DB and a bunch of girls arrested. Wonder if the employers will get off and only the girls will be jailed and deported?
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Depends on the arrangement. For example, a flat can be rented by one or more people and used on their non duty days.
Many helpers (pre 2004 employed) can legally live out. Nothing wrong there.
But generally speaking, the average new hire cannot live out.
So lot's of grey area's.
So you will have to prove (have fun doing this) that the 'non-eligible- helper was living out.
They may say: "today is my day off, and I'm spending it with friends". Have fun prosecuting that one.
If I were an employer and they came to me, I would just say the day you arrested her was her day off. She would also concur and now what do you have? nothing.
They would say 'but her clothes and stuff is there'. I would say; 'Are you sure its all hers and not shared with others?' or 'so, she keeps her stuff there for storage and use on her days off'. And as her employer, I determine, not you, what her days off are.
and again...they got nothing..
The authorities would have to investigate and even perform surveilance to prove otherwise...no one likes this approach though ;)
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note about the boarding house...get a pre 2003 live out domestic helper to sign the lease..others contribute to the rent in cash...and its merely a stay out on our days off place...even if a 'surveilance tape' shows you are there for several days...(as long as its not every day for weeks)...then your just on vacation. or split your time among more than one location throughout the month. just sayin..
But as a disclaimer, I certainly do not support illegal activity, and would not encourage it....cause like stealing candy from a baby, or peeing on a small domestic animal...its just plain wrong... ;)
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You hit the proverbial 'nail on the head' Malka,
There are so many in one centralized location. They don't have to investigate the 'live outs'...there are enough in the 'over-stay' arena to keep it fruitful just by playing the numbers. So if you net enough at one location, there will be the obvious ones to pursue.
And those are open-shut easy to deal with.
And their actions have sent a 'mild warning' to others, and everyone with a still vested interest in living and working in HK are put on notice without getting nasty. And they clean out those who are not legal.
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Ed
11 yrs ago
Another reason to pay a little more for a part time helper - who is legal http://www.merrymaids.com.hk/
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Discovery Bay has been raided by Immi a few time in the past few years. Helpers blatantly advertise on their local forum for part time or live out work, so easy to do a swoop sometimes and catch a load. Many helpers think that because DB is an island they can get away with it, and imm are not likely to find out.
There are illegal boarding houses, not only in some of the DB tower blocks, but in Nim Shui Wan, near the Marina club, and many helpers live over in Peng Chau illegally.
I wish people would learn never to employ a live out, or part time helper, and those that do, well I hope Immigration throw the book at them. There are more thefts from people who employ a part time helper, and mostly they can't do anything about it, as they shouldn't be employing the PT helper in the first place, so the helper gets away with petty theft as well time after time, also a part time illegal helper is not insured when working at a home she isn't contracted to work in.
Much better to employ a part time helper from one of the legal agencies such as Merrymaids, at least you are protected if anything gets stolen, and you do not have to have them living in.
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‘Stay-out’ Filipinas arrested
http://hongkongnews.com.hk/six-stay-out-filipinas-arrested/
http://hongkongnews.com.hk/stay-filipinas-arrested/
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He said workers should be “very cautious” and not be swayed by offers to live out. “They should insist that under the law, they should be in the residence of their employers. They are their employers’ responsibility. Drivers are commonly affected; they should remind their employers that they should remain within the premises of their employer’s residence,” he said. - See more at: http://hongkongnews.com.hk/six-stay-out-filipinas-arrested/#sthash.0ySJmPqj.dpuf
The above statement is SUCH a hypocrisy from the HK Govt!
Who was arrested? The stay out workers!
Why do the employers not be held to the same standard? Are the employers even going to see the inside of the police station? I doubt it. Will they be deported? No way.
A double standard:One for the helper and one for the employer.
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gdep
11 yrs ago
NOt sure why the "live-in" rule was established at the first place. given such small apartments in HK.. it seems ridiculous.. if an helper or a group of helpers can get legal outside accommodation then whats the issue??
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There are some valid concerns about prostitution and vagrancy. I personally think these concerns are trumped by the problems that has recently come out (abuse, etc.). Living in should be elective.
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I wonder if the government will crack down on employers signing contracts and allowing the domestic helper to live out and work part time to justify not having any leeway on the live out rule
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