Statement of Positionality
I am not a member of the community discussed in this report, although I grew up surrounded by, and having close friendships with, Migrant Domestic Workers in Hong Kong. I feel able to speak to the MDW community because my experiences growing up in Hong Kong have afforded me an understanding of the city, it’s urban communities, societal structures, systemic hierarchies, and general workings as a diverse metropolis that oftentimes maintains its pride in being a modern, international, and humane city by turning a blind eye to the mistreatment of certain groups that form an essential part of its urban fabric.
Introduction
At the end of 2022, there were approximately 338,000 migrant domestic workers in Hong Kong (Immigration Department, 2023). This community, composed overwhelmingly of women from Indonesia and The Philippines, occupy a unique migrant status – they reside in Hong Kong on temporary, contract-based employment visas that come with stringent restrictions, including the denial of the right to ever qualify for citizenship (Tong and Jiang, 2020), and are protected by a minimum wage that is significantly lower then the limit protecting locals (Cheung et. al, 2019). They are Hong Kong’s largest ethnic minority, and as of 2016 represented 9.3% of the overall workforce (Churchill, 2022). Since the 1970s when this type of migration from the Philippines and Indonesia began to grow, migrant domestic workers, henceforth referred to as MDWs, have formed an integral part of the fabric of Hong Kong’s society. In 2018, they contributed an estimated USD$12.6 billion to the economy, which was 3.6% of the GDP that year (Experian Asia Pacific and Enrich HK, 2019). Additionally, they allow a significant number of mothers the freedom to seek employment outside of the home, with local NGO Enrich HK estimating that over 110,000 local mothers were able to return to work in 2018 due to their employment of a MDW (Experian Asia Pacific and Enrich HK, 2019). This community’s economic and social contributions are immense. Despite this, they are disproportionately subject to violence, exploitation, and abuse. It is estimated that up to 95% of MDWs in the region have experienced some form of exploitation, while a shocking one in six has been the victim of forced labour (Churchill, 2022). This report sets out to examine the conditions that result in such high levels of abuse and exploitation, the unique challenges MDWs face, and the steps that may be taken by this community to improve the nature of their temporary, but often lengthy and incredibly difficult period of residency in Hong Kong.
Challenges
In order to understand the abuse and exploitation faced by this community, a closer look at the policy initiatives and legislation surrounding the unique visa status of MDWs is necessary. The process of securing a visa and coming to Hong Kong is typically facilitated by an agency.
Although there is some legislation to protect MDWs from agency exploitation, it is largely ineffective. Agencies regularly charge exorbitant fees, putting MDWs into debt before they even step foot on Hong Kong soil, and engage in additional exploitative practices like the confiscation of essential documents, such as passports and marriage certificates. The legal limit that employment agencies may charge under Hong Kong law is HKD $430, yet when surveyed the majority of MDWs report being charged at least HKD $5,000 (Churchill, 2022). Furthermore, an Amnesty International Report found that the majority of Indonesian MDWs experienced the confiscation of at least one essential document by a recruitment agency, explicitly for the purpose of ensuring full fee payment if the MDW were to pull out during any stage of the recruitment process, a sum often amounting to over 17 months of wages (Churchill, 2022).
Obtaining a visa and ensuring employment is extremely difficult without the help of an agency, and consequently many MDWs begin their time in Hong Kong heavily in debt and therefore primed to remain in exploitative or abusive employment situations.
Once employed in Hong Kong, MDWs are subject to specific restrictions on their work contracts and living arrangements that make them particularly vulnerable to abuse, isolation, and discrimination. One such restriction is the “Live-in Rule”(Churchill, 2022). MDWs are required to engage in employment with a Standard Employment Contract, which by law contains a mandatory clause stipulating that they must reside within their employer’s home. To reside independently of their employers is a crime, and MDWs who do so risk criminal prosecution and deportation (Churchill, 2022). The Live-in Rule exists primarily due to Hong Kong’s housing and overcrowding crisis. Rent and housing prices are notoriously high in Hong Kong, and it is widely believed that the Live-in Rule protects locals from being penalised by the presence of MDWs in the city. However, residing within their employer’s homes make MDWs extremely vulnerable to abuse and exploitation, and makes them more likely to be denied their legal rights, because they have no place of refuge from a demanding or abusive employer (Churchill, 2022). Standard Employment Contracts also don’t specify a maximum number of working hours (Bell, 2005) and this, in conjunction with the Live-in rule, means that MDWs frequently work upwards of 17 hours a day, with little to no distinction between working hours and downtime.
Another restriction that contributes to the vulnerability of MDWs is the “Two Week Rule.” The “Two Week Rule” is a piece of immigration law that The United Nation Committee on the Elimination of Discrimination Against Women has cited as being a key contributor to the high levels of exploitation and abuse experienced by MDWs (Cheung et. al, 2019). The rule states that MDWs have two weeks to find new employment if their contract is terminated by either them or their employers. Many MDWs find it difficult to find new employment in such a short span of time, and so frequently opt to remain working in abusive, exploitative households rather then attempting to change employers and risk losing wages that are essential to family back home, or to the paying off of debts incurred through the use of recruitment agencies.
In addition to the legislative factors that contribute to this community’s challenges, local attitudes to MDWs and discrimination play an important role in the difficulties this group faces. MDWs, due to their unique temporary immigration status, levels of poverty, status as women, and distinct ethnic identity, are frequently regarded by locals as second class citizens. They are regularly subjected to discrimination, and this is a contributing factor to the proliferation of mistreatment they face both in the households they service and in public life. Discrimination against MDWs is so widespread and embedded into the cultural fabric of Hong Kong that it has been suggested that MDWs face “elite racism”, a type of racism stemming from bodies with official societal influence, such as media organisations, schools, universities, or politicians (Ladegaard, 2013). This can be clearly seen in newspaper reports on incidents of abuse against MDWs. Major, respected, and widely read Hong Kong based newspapers such as the South China Morning Post will often report on cases of abuse by emphasising the positive qualities of the employer accused, or even convicted, of abuse, such as their devotion to their family, and will often highlight the life stressors the employer was suffering around the timeframe of the abuse (Ladegaard, 2013). Contrarily, the negative traits of the MDW in such cases are often emphasised. For example if their education status is relatively low, they may be characterised as a ‘high-school dropout’, or portrayed as money hungry and ungrateful (Ladegaard, 2013).
Furthermore, it is a commonly espoused belief among Hong Kong locals that Hong Kong is a MDWs ‘paradise’. It is widely believed that they are treated better in Hong Kong than they are in many other countries with large MDW populations, such as Singapore and the Gulf States. There is also a common sentiment that they are lucky to have the opportunity to come work in Hong Kong as a means of escape from the extreme poverty of their home countries, and should be grateful and submissive as a result (Ladegaard, 2013). This characterisation of MDWs as incredibly lucky to be working in Hong Kong legitimises exploitation, and is used to justify both the relatively scant rights that they are afforded, and the insufficient protection of those rights that they do have.
Approaches/ Recommendations
Of the many issues that MDWs in Hong Kong are faced with, the focus of this report is the issues of abuse and exploitation because they are rampant, and among the greatest challenges that the MDW community has to contend with. Although there is much that needs to be done at a governance and policy level to combat these problems, there are also measures that the community can take to address these challenges. The measures this report recommends centre primarily around community building, strengthening understanding of legal protections, developing greater financial literacy, and turning to strategic channels of organisation and protest.
Research conducted on the MDW community in Hong Kong has found that gathering and participating in activities that affirm community bonds and cultural, as well as personal, identity is a hugely powerful means of protecting MDW wellbeing. On this point, it is important to note two things. The first is that the vast majority of MDWs do not have much free time with which to gather and socialise – they are legally entitled to one rest day, Sunday, a week, and very few receive more time off than this. Furthermore, one of the most common forms of exploitation MDWs experience is the denial of this rest day, and in such cases gathering and participating in community events becomes at best a rarity, if not an impossibility. The second important thing to note is that the importance of gathering is something the MDW community already understands. MDWs in Hong Kong have the right to gather, form organisations, and host demonstrations of both a political and a recreational nature, a right this community can frequently be seen making excellent use of (Lai, 2010). This becomes visible every Sunday, when the government blocks off several main roads in Central, the city’s financial district, for the recreational use of MDWs. Due to the primarily outdoor, public nature of these gatherings, once a week MDWs become an unmissable part of Hong Kong’s urban landscape. That being said, it would be difficult to overstate the importance of building strong social connections and community ties in Hong Kong for this community’s well being, and this report would be incomplete without an exploration of this. The amount of social capital a MDW possesses, as measured in the form of friendship networks and attendance of a regular religious service, is associated with decreased likelihood of experiencing underpay, and a higher likelihood of reporting decent working conditions, as measured by access to a private and adequately sized room within their employers house, and fewer hours worked on average per day (Tong and Jiang, 2020). There is certainly a chicken and egg dimension to this – MDWs who are overworked or denied time off are less able to take the time required to socialise and form connections. Nonetheless, friendships and community support certainly play an important role in the protection of MDW rights, and in their ability to find employment with ‘decent’ employers, something MDWs often emphasise as being a priority for them out of a concern for avoiding exploitation (Bell, 2005). One possible reason for this is that MDWs who have been in Hong Kong for longer are more likely to know what their legal protections are and, crucially, what to do if their rights are violated. MDWs are rarely informed of their rights before arriving in Hong Kong, and are often encouraged by recruitment agencies to be compliant and obedient, rather than informed and vocal (Yeung et al, 2020). As a result, new MDWs often arrive in Hong Kong with a very limited understanding of the legal protections available to them. Even in instances where they are aware of a violation of their rights, one common reason for not reporting these violations is a lack of knowledge of how or where to file a complaint (Tong and Jiang, 2020). MDWs who have been in Hong Kong for longer, however, are more likely to have knowledge about their legal protections, and the proper channels to use to access these protections (Tong and Jiang, 2020). Friendship networks and social capital offers newer migrants a way to access knowledge accumulated by MDWs who have been in Hong Kong for longer, and regularly socialising offers MDWs the opportunity to know when they are being subjected to unacceptable conditions, and can give them the ability to ask for help from friends who may be better equipped to know what the best course of action is. Thus, regularly participating in community gathering and strengthening social networks is a powerful tool for MDWs to be best equipped to protect their rights and safeguard their wellbeing.
There is an additional element to community gathering which may help MDWs feel better able to assert their rights, which is the assertion of cultural and individual identity beyond their migrant worker status. Community gatherings can take many different forms, and MDWs have been known to mobilise to hold carnivals and performances in the city’s public parks and on the streets, where performances showcasing visual art forms such as dance, often along lines traditional to Indonesian and Filipino culture, are held (Lai, 2010). It has been argued that the everyday existence of most MDWs, characterised by isolated work within a local household, denies the heritages, individual interests, and subjectivities that are essential for a strong sense of self and community (Lai, 2010). This has an impact both on the discriminatory practices of employers, and on how MDWs view themselves. Surveys on mental health among MDW women have found that they are disproportionately vulnerable to self-stigma, a form of internalised stigma that individuals may harbour due to living in a society that discriminates against them for an element of their identity, or their minority status (Yeung et al, 2020). This has an obvious negative impact on sense of wellbeing, confidence, resilience, and self esteem, among other factors necessary for MDWs to feel capable of asserting their rights, reporting abuse, and where possible removing themselves from exploitative situations. Staging and participating in community oriented artistic endeavours strengthens the identity and visibility of MDW communities, and asserts to both local Hong Kongers and MDWs alike that these communities are composed of multifaceted human beings deserving of humane treatment. This may seem like an obvious, or even redundant, assertion, but in the context of a society that has shown itself time and time again to regard MDWs as disposable bodies for labour and service, it is not.
Another tool available to the MDW community to combat exploitation and abuse is developing financial literacy. Approximately 83% of MDWs are in debt (Enrich HK). This is due to several reasons, one large one being the previously discussed illegal overcharging of recruitment agencies, and another significant reason being the obligation to send money back home. MDWs frequently support dependents in their home country. For many, the ability to support dependents is their primary motivation for migrating to Hong Kong. It can be an expectation from relatives for the MDW to send the majority of their salary home, and it can be extremely difficult to resist the pressure of this expectation even when it isn’t realistic, particularly when children, elderly family members, and loved ones are dependent on their income for things like food, housing, and school fees (Zhou, Dai, and Jung, 2019). As a result, MDWs, who are likely already in debt from the migration process, often take out further loans, and as formal banking credit services are not available to them, they borrow from money lenders who make loans with steep interest rates readily available to MDWs (Zhou, Dai, and Jung, 2019). This is a major issue, as having debt and/or insufficient savings drastically increases the likelihood of remaining in an exploitative employment situation. It is also a common reason for remaining in Hong Kong past the intended duration of their stay, something most MDWs are keen to avoid, as most come to Hong Kong with the intention of working for a limited period of time, saving enough money to achieve certain goals such as putting their children through school, and then returning home. It is important to not regard financial literacy as something that can be taken for granted, particularly in an environment where there are many challenges in place that threaten financial security. Rather, financial literacy should be regarded as a tool that can, and should, be actively learned. One excellent avenue for accessing education on financial literacy is local NGO Enrich HK. Enrich offers workshops to MDWs taught in Bahasa and English, that teach strategies for saving, paying off debt, entrepreneurship skills, and offers a mentorship program to tackle individualised financial problems from a specified and personal angle (Zhou, Dai, and Jung, 2019). The long term benefits of participating in these programs for helping MDWs get and stay out of debt, and achieve goals such a starting a business back home or financing their children’s education, have been studied and found to be significant (Zhou, Dai, and Jung, 2019).
The final suggestion this report puts forward for the MDW community to target the unacceptably high levels of exploitation and abuse that they are subject to is to engage in strategic channels of organisation and protest. Despite this community’s lack of access to many of the protections afforded to citizens and locals, MDWs have historically possessed the right to gather, stage demonstrations, and form organisations to support their interests in Hong Kong (Lai, 2010). While the recent implementation of the National Security Law has made many forms of protest dangerous, or illegal, the right to association for MDWs remains protected under the Hong Kong Employment Ordinance. As discussed above, demonstrations that centre cultural and artistic forms of expression can help combat discrimination (Lai, 2010). Protest that targets specific desired changes in policy can also be beneficial, and is potentially more effective than general protest. For example, demonstrations and organisations formed to combat the ‘two-week rule’ or ‘the live-in rule’ specifically, may be a more effective way of bringing about a concrete reduction in exploitation and abuse than more general demonstrations against discrimination or exploitation as a whole. Additionally, there are many unions and NGOs, such as the Indonesian Migrant Workers Union, the Hong Kong Federation of Asian Domestic Workers Unions, and Enrich HK, that work to further the cause of MDW wellbeing. MDWs who engage with these organisations display a better understanding of the rights and protections they are entitled to, and are more likely to be involved in activism that has the potential to bring about meaningful change (Lai, 2010). Additionally, the Labour Department meets periodically with Domestic Worker Unions and NGOs, for example during their annual meeting with groups that represent MDW interests to review the minimum wage (ALR Editors, 2022). While this by no means guarantees that the concerns of MDW groups will be sincerely used to inform policy, participation in these organisations should not be overlooked as a way for MDWs to have their voices and concerns heard directly by the government, and this report strongly encourages that MDWs engage with, and participate in, labour unions and NGOs designed to improve living and working conditions for this community.
Conclusion
Several suggestions have been put forth in this report that may help the MDW community protect itself against exploitation and abuse. It is important to emphasise that MDW action alone is not the sole solution to these problems. Serious changes need to happen at the governmental and policy levels to protect the members of this community that is both uniquely vulnerable, and undervalued for its immense contributions to Hong Kong’s society. However, the suggestions put forth in this report hopefully offer MDWs a framework for understanding the tools available to them, and the actions they can take to safeguard their wellbeing, protect their rights, fight for necessary change, and ultimately avoid abuse and exploitation as they work to support themselves and their families in a city that owes them humane treatment, protection, and respect.
Bibliography
Bell, D. (2005a). Justice for Migrant Domestic Workers? The Case of Foreign Domestic Workers in Hong Kong and Singapore . In: Global Justice and the Bulwarks of Localism. [online] Brill, pp.291–316. Available at: https://doi.org/10.1163/9789047416005_016.
Cheung, J.T.K., Tsoi, V.W.Y., Wong, K.H.K. and Chung, R.Y. (2019). Abuse and Depression among Filipino Foreign Domestic helpers. A cross-sectional Survey in Hong Kong.
Public Health, 166, pp.121–127. doi:https://doi.org/10.1016/j.puhe.2018.09.020.
Churchill, Daniel (2020-2022). ‘Crimmigation’ and the Foreign Domestic Workers in Hong Kong. City University of Hong Kong Law Review, 8, pp.15-48. Available at: https://heinonline.org/HOL/Page?handle=hein.journals/ciunhok8&id=23&collection=journals&index=
Editors, A.L.R. (2022). Unions Ramping Up Pressure for Respecting Rights of Hong Kong’s Foreign Domestic Workers. [online] Asian Labour Review. Available at: https://labourreview.org/unions-ramping-up-pressure-for-respecting-rights-of-hong- kongs-foreign-domestic-workers/ [Accessed 5 Jan. 2023].
Enrich HK (n.d.). Why Are so Many Domestic Workers in debt? [online] enrichhk.org. Available at: https://enrichhk.org/why-are-so-many-domestic-workers- debt#:~:text=According%20to%20our%20research%2C%2083 [Accessed 14 Oct. 2023].
Experian Asia Pacific and Enrich HK (2019). The Value of Care. [online] enrichhk.org. Available at: https://enrichhk.org/sites/default/files/2019-09/Final_The-Value-of- Care_Full-Report.pdf [Accessed 13 Oct. 2023].
Immigration Department (2023). Statistics on the Number of Foreign Domestic Helpers in Hong Kong. [online] Available at: https://data.gov.hk/en-data/dataset/hk-immd-set4-statistics-fdh [Accessed 21 Oct. 2023].
Ladegaard, H.J. (2013b). Demonising the cultural Other: Legitimising dehumanisation of foreign domestic helpers in the Hong Kong press. Discourse, Context & Media, 2(3), pp.131–140. doi:https://doi.org/10.1016/j.dcm.2013.06.002.
Lai, M. (2010). Dancing to different tunes: Performance and activism among migrant domestic workers in Hong Kong. Women’s Studies International Forum, 33(5), pp.501–511. doi:https://doi.org/10.1016/j.wsif.2010.07.003.
Tong, Y. and Jiang, N. (2020). Much Ado About Nothing? Do Foreign Domestic Workers in Hong Kong Benefit From Capital Accumulation? American Behavioral Scientist, 64(6), p.000276422091023. doi:https://doi.org/10.1177/0002764220910236.
Yeung, N.C.Y., Kan, K.K.Y., Wong, A.L.Y. and Lau, J.T.F. (2020). Self-stigma, resilience, perceived quality of social relationships, and psychological distress among Filipina domestic helpers in Hong Kong: A mediation model. Stigma and Health. doi:https://doi.org/10.1037/sah0000246.
Zhou, H., Dai, H. and Jung, N. (2019). Empowering migrant domestic helpers through financial education. International Journal of Social Welfare, 29(2). doi:https://doi.org/10.1111/ijsw.12385.





