Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migration for Employment Convention (Revised), 1949 (No. 97) - China - Hong Kong Special Administrative Region (Ratification: 1997)

Statistical data on migration. In its report, the Government indicates that, from 1 June 2017 to 31 May 2025, 224,726 foreign professionals and 89,760 “imported” workers entered the territory for employment. It also reports that as of 31 May 2025, there were 373,089 foreign domestic helpers (FDHs), including 366,836 women and 6,253 men, mainly from the Philippines (204,814) and Indonesia (158,826). The Committee further notes that 10,242 foreign professionals had resided in the territory for at least seven years, excluding those with the right of abode. However, it observes that the Government’s report does not provide sex-disaggregated data for foreign workers, nor “seven years or more” figures for FDHs and imported workers. The Committee requests the Government to: (i) provide annual statistics disaggregated by sex, nationality and sector for all admission categories; and (ii) extend the “seven-years-or-more” indicator to FDHs and imported workers.

Article 1 of the Convention. National policies on migration.Fair recruitment. The Committee notes the Government’s affirmation of its commitment to fostering fair recruitment although it declined the technical assistance offered to the territory, under the ILO Fair Recruitment (FAIR) Initiative. In this regard, it notes the Government indication that the 2018 Action Plan to Tackle Trafficking in Persons (TIP) was fully implemented by the end of 2019 and remains in force, overseen by a high-level steering committee chaired by the Chief Secretary for Administration. The Committee further notes the Government’s statement that since the 2019–20 financial year, it has provided annual recurrent funding (up to 80 million Hong Kong dollars in the 2025–26 financial year) to various departments and created 98 new posts to support the implementation of the Action Plan. It also notes the targeted measures reportedly undertaken to combat TIP under the Action Plan, including specialized training delivered to 14,400 frontline personnel (2017 to 31 May 2025), awareness-raising activities, the introduction of a comprehensive two-tier anti-TIP victim screening mechanism in ten Labour Relations Division branch offices applicable to all persons irrespective of nationality under which over 69,200 initial screenings were conducted and 89 victims identified during the same period. The Committee also notes the Government’s indication of the continued operation of a dedicated 24-hour hotline for FDHs, the creation in December 2019 of a Special Investigation Section within the Immigration Department to screen FDH visa applications for potential TIP and exploitation risks, and the establishment in September 2020 of a dedicated FDH Division in the Labour Department to coordinate protection measures. The Committee takes further note of the Government’s references to investigation and enforcement action, resulting convictions and sentences, cooperation with consulates of principal countries of origin, and measures to support victims, including facilitation of witness participation in proceedings and assisted return. The Committee welcomes these developments. The Committee requests the Government to continue providing information on the implementation of the Action Plan and the results achieved.

Article 3. Misleading propaganda. Regulation of employment agencies. The Committee notes the Government’s indication that, under the Employment Agency Regulations (Cap. 57A), employment agencies may charge jobseekers a commission not exceeding 10 per cent of the first month’s wages per successful placement. It further notes the Government’s information that a stringent regulatory approach is applied, covering licensing, inspections, complaint investigation and prosecutions, and that legislative amendments adopted in 2017 increased the maximum penalties for overcharging and unlicensed operation from 50,000 to 350,000 dollars and up to three years’ imprisonment. The Committee also notes the Government’s indication that, in May 2024, the Labour Department issued a revised Code of Practice introducing additional standards, including a requirement for agencies to disclose any association with financial institutions and a prohibition on withholding jobseekers’ employment contracts or passports to coerce payment. The Committee notes the Government’s statement that these enhanced requirements have further deterred agencies from collecting recruitment fees or related costs beyond those set out in service agreements. It further notes the Government’s statement that, since 2018, the Labour Department increased annual inspections of Employment Agencies from 1,800 to 2,000, leading to 15,517 inspections conducted during the reporting period (including 12,200 targeting agencies placing FDHs). In the same period, the Committee notes the information that the Labour Department successfully prosecuted 61 employment agencies, including 44 FDH agencies. In addition, 48 FDH agency licences were revoked or not renewed following convictions for overcharging or unlicensed operation, or for breaches of the Code. While welcoming these regulatory developments and corresponding data, the Committee encourages the Government to take appropriate measures to ensure that recruitment fees and related costs are not charged to workers. It also requests the Government to provide available information on alleged cases of illegal fee-charging involving migrant workers, including the number of cases investigated, their outcomes, and any penalties or sanctions imposed.

Article 6(1)(a). Equality of treatment. Foreign domestic workers. Remuneration. The Committee notes the indication of the Government that since September 28, 2024, the Minimum Allowable Wage (MAW) and the food allowance applicable to FDHs are respectively 4,900 dollars and 1,236 dollars per month, and that the minimum hourly wage rate prescribed under the Minimum Wage Ordinance (MWO) is 42.1 dollars (that is approximately 8,750 dollars per month for 43 hours of work per week). The Committee notes that the MAW amounts to approximately 65 per cent of the minimum wage. It also notes the indication of the Government that an exact monetary value of in-kind benefits cannot be attributed due to their qualitative nature including benefits such as accommodation, food, medical treatment and insurance stipulated in the Standard Employment Contract for FDHs. In light of this information, the Committee requests the Government to indicate how it is ensured that the remuneration of FDHs is not set at a level less favourable than that of nationals in equivalent employment, in conformity with Article 6(1)(a)(i) of the Convention.

Enforcement. Working conditions. The Government affirms that the Labour Department does not tolerate any abuse of migrant workers and promptly follows up all complaints and provides information on adjudication, enforcement and prosecutions relating to alleged breaches of the Employment Ordinance, the Standard Employment Contract or the Employees’ Compensation Ordinance (ECO). For example, the Committee takes note that 7,640 unsettled disputes raised by FDHs or imported workers were referred by the Labour Department to the Labour Tribunal or the Minor Employment Claims Adjudication Board; 75 of these cases (about 1 per cent) concerned alleged underpayment of wages, 41 of which were settled through conciliation and 34 referred for adjudication. The Committee welcomes the Government’s indication that the labour department provides free interpretation/translation for workers with special language needs, and, where necessary, funds return travel and accommodation to enable FDHs to testify in criminal proceedings. The Committee also notes the Government’s report that, during the period under review, 114 summonses were taken out and concluded against employers of migrant workers for underpayment or other Employment Ordinance breaches (highest fine imposed was 15,000 dollars) and 43 summonses for ECO breaches (highest fine imposed was 15,000 dollars). It further notes that 9,750 FDH applications to extend stay to pursue proceedings were approved, 245,787 applications to change employer were approved (with 508 refusals), and that there were 360 police-handled cases concerning allegations of rape, indecent assault, wounding or serious assault involving employers. The Committee requests the Government to continue providing detailed, including statistical, information on the measures taken to ensure that foreign domestic helpers have access to effective remedies to obtain redress in cases of violations of the legislation on working conditions, including information on the penalties imposed and convictions handed down.

Accommodation.The Committee reiterates its request to the Government to provide information on: (i) the number of accommodation inspections actually conducted (pre-entry and post-arrival), the criteria used (including any risk-based targeting), and outcomes; (ii) the number and nature of complaints from FDHs concerning accommodation, the follow-up given (remedial orders, prosecutions, sanctions) and results; and (iii) any guidance or minimum standards applied to assess adequacy of accommodation and measures taken to ensure compliance.