employee background check

Please lend your advice.


I am looking to hire a new employee. Before I make the formal offer, I would like to do a background check on this candidate; in particular, I am interested in any criminal records or any current litigations.


I am concerned with the following:


1) is it legal to run such a check? any conflict with the non-discriminatory act and/or privacy act?

2) if it is ok to do so, where shall I find such records?

3) if it is not ok, how are the risks managed in general?


my company has few office workers and the position being considered is an office-bound function.


thank you

No, it's not illegal to run such a check. The HK Police will issue a certificate of no criminal record, but you as an employer cannot obtain it yourself. That is covered by the privacy laws. You have to ask the prospective new employee to apply for it and then supply it to you.

thank you!!

Hi Ahhboo,


I know a company that does pre-employment screening if you want their contact details.


No, it's not illegal to run a check. As Shoe Girl says, you just need to get the person to produce a HK Police certificate of no criminal record or get his/her written consent to obtain it. As said, this is due to the privacy act.


It could be classed as discriminatory if you only perform these checks on some of the people you're about to offer the job to and not others. Likewise for other people with the same position. If it's a new policy then you should document it ideally before you perform the pre-employment check.


I'm not sure where to look to see if the person is currently under litigation.


Hope that helps

thanks for the additional advice.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.



It is legal to run pre-employment background check on prospective candidate, in adherence to the Personal Data (Privacy) Ordinance, the employee’s consent should be attained by signing an Authorization for Release of Information Form.


The criminal records in Hong Kong are maintained by the Hong Kong Police Force, there is no official database allowing the public to have access to criminal records and you cannot search it. Some reference screening companies provide services of research over publicly-disclosed litigation records (from District Court to Court of Final Appeal) on specific personnel for employers and landlords. Performance of pre-employment background check may not contravene the anti-discriminatory laws in Hong Kong, which protect against discrimination on the basis of gender, family status, disability and race. Although the government encourages firms to contribute in the rehabilitation of past offenders and their reintegration into the society, there is no law preventing a decision of not hiring a candidate on the ground of his/her criminal records.


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