Foreign domestic worker gets 2-months jail suspended for 24-months for breaching condition of stay

Shatin Law Courts Building

A foreign domestic helper was convicted of breaching her condition of stay by selling sports facilities bookings for a monetary reward.

She was sentenced to two months imprisonment suspended for 24 months at Shatin Magistrates’ Courts, on 13 March.

In a statement, the Immigration Department (ImmD) received reports from the public earlier that a foreign domestic helper was suspected to have breached her condition of stay by selling sports facilities bookings to others for remuneration.

ImmD investigators enquired and retrieved relevant records from the department concerned and successfully targeted the foreign domestic helper.

They found that she had made numerous bookings of a basketball court, a tennis court, etc, in her own capacity during the period from July 2021 to September 2021.

However, the foreign domestic helper only stayed there briefly and then left the venue after signing into the sports facilities for the actual user.

She was subsequently arrested by ImmD investigators.

The arrested foreign domestic helper admitted under caution that she booked sports facilities in her own capacity and sold the bookings for a monetary reward.

This is even though she was aware that she could only perform domestic duties for her contractual employer at the contractual address.

The foreign domestic helper was subsequently charged with the offense of breach of condition of stay. She pleaded guilty to the charge and was sentenced to two months imprisonment suspended for 24 months at Shatin Magistrates’ Courts yesterday.

“A helper should only perform domestic duties for the employer specified in the contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person,” an ImmD spokesman said

“Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offense. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years imprisonment. Aiders and abettors are also liable to prosecution and penalties.”