Court finds ‘ironed” maid’s assailant guilty
HK gov’t should address policies that make migrants vulnerable to abuses

21 July 2009

The Mission for Migrant Workers (MFMW) welcomes the conviction of Chan Nei-Ying on the charge of physical assault causing bodily harm to Indonesian domestic worker Eva Wulandari. Conviction was handed down yesterday by the Kwun Tong Magistracy after the accused pleaded guilty as charged and sentencing was scheduled for August.

Chan was accused of pressing a hot flat iron on Wulandari’s left upper arm and severely burning her. The incident occurred in June 13 when Wulandari started to iron her employer's clothes. While waiting for the iron to heat up, she reached into the closet to get the clothes. Chan, who is employer's sister, saw her and got angry with her and accused Eva of wasting electricity and letting the iron overheat. The employer's sister told her that it was already hot and to "prove" so, pressed the hot flat iron in Eva's left arm.

Before the incident, Wulandari said that Chan constantly verbally and physically abused her for no apparent reason.

Wulandari’s example of persistently pursuing justice and redress must be emulated by other foreign domestic workers (FDWs) who face similar conditions. It is also extremely important to file complaints against abuses immediately at its earliest stage and not let these slip by to prevent even worse types of abuses.

This incident should also serve as an eye-opener for the Hong Kong government and the public to the vulnerable situation that FDWs are in due to the policies that the government has set on the working and living condition of FDWs.

Chiefly, the New Conditions of Stay (NCS) or more commonly known as the Two-Week Rule and mandatory live-in employment arrangement expose FDWs to various unimaginable abuses. In 2008, the MFMW handled an average of four clients with police cases in a month that include among others, physical and sexual assaults.

There are a number of FDWs who are forced to endure abusive treatment because of their live-in status and the NCS. Mandatory live-in employment puts FDWs at the mercy of employers while the NCS serves as a big deterrent for migrant workers to file and pursue complaints for the policy makes the living and employment condition of FDWs even more insecure.

The fear of being jobless, without capacity to provide support to their families and pay off accumulated debts, and lack of assurance of gaining another employer are major considerations for FDWs who have causes for complaints against their employers.

Inhumane treatment against FDWs must stop. The Hong Kong government must take the first step in curbing abuses against FDWs by addressing the policies that put FDWs in situations vulnerable to such abuses.

Mandatory live-in employment arrangement and the NCS must be seriously reviewed. Better yet, these must be scrapped.