Replies to LegCo questions

LCQ8: Maternity support for persons entering Hong Kong on employment visas

Following is a question by the Dr Hon Fernando Cheung and a written reply by the Acting Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (February 11):

Question:

It is learnt that, each year, quite a number of persons entering Hong Kong on employment visas (including foreign domestic helpers (FDHs)) become pregnant, give birth or terminate their pregnancy in Hong Kong. As they are non-Hong Kong residents, the maternity support provided for them is inadequate and the medical and education services provided for their children born in Hong Kong are also limited. In this connection, will the Government inform this Council:

(1) whether it knows the number of requests for assistance received in each of the past five years by the Family Planning Association of Hong Kong from persons entering Hong Kong on employment visas;

(2) whether it knows the respective numbers of cases, in each of the past five years, in which persons entering Hong Kong on employment visas were pregnant, gave birth or terminated their pregnancy in Hong Kong, with a breakdown by nationality and job type of their employments; the arrangements made for the children born in Hong Kong to such persons (e.g. being sent back to their parents' countries of origin, being adopted, etc.);

(3) whether the Government currently provides sex education (including knowledge of contraception) to persons entering Hong Kong on employment visas, antenatal check-ups and support for the pregnant among them, vaccination services to their new born babies, and services such as education for their children born in Hong Kong; if it does, of the details; if not, the reasons for that; and

(4) whether it has reviewed if the existing labour and anti-discrimination legislation provides adequate protection for the maternity and related rights of those persons entering Hong Kong on employment visas; if it has reviewed, of the details; if not, the reasons for that?

Reply:

President,

(1) The Family Planning Association of Hong Kong provides services related to pregnancy and fertility. The service target group covers "persons with limited stay in Hong Kong", including persons entering Hong Kong on employment visas. The service figures for "persons with limited stay in Hong Kong" from 2011 to 2014 are set out at Annex.

(2) The Hospital Authority (HA) has not kept record as to whether a patient seeking treatment in public hospital holds a working visa, and the Immigration Department does not maintain statistics on the nationality of pregnant women who are non-Hong Kong permanent residents and their purpose of coming to Hong Kong, etc. Therefore we are unable to provide the respective numbers of cases, in each of the past five years, in which persons entering Hong Kong on employment visas were pregnant, gave birth or terminated their pregnancy in Hong Kong, with a breakdown by nationality and job type of their employments.

As for the arrangements made for children born in Hong Kong to persons entering Hong Kong on employment visas, according to the information provided by the Social Welfare Department, the numbers of adopted children who were given birth to "persons with limited stay in Hong Kong" (including persons entering Hong Kong on employment visas) in the past five years are as follows:

Financial Year         The number of children who
                               have been adopted
-------------- --------------------------
2014-15
(April 1, 2014 to
January 31, 2015)         4
2013-14                     12
2012-13                       5
2011-12                     10
2010-11                       2
2009-10                       1
------------- ---------------------------
Total                           34

(3) The Family Health Service of the Department of Health provides a comprehensive range of health promotion and disease prevention services for children from birth to five years old and women at or below 64 years of age through a network of 31 Maternal and Child Health Centres (MCHCs) and three Woman Health Centres. As far as the scope of services is concerned, there is no difference to all clients irrespective of whether they are Hong Kong residents or persons entering Hong Kong on employment visas (including foreign domestic helpers (FDHs)). For infants and children, an integrated child health and development programme which includes a comprehensive immunisation programme for protection against 11 childhood infectious diseases is implemented in MCHCs. For women of childbearing age, family planning services are provided by MCHCs. These include education on sexual health and prescription of appropriate contraceptive methods according to individual needs. For pregnant women, a comprehensive antenatal shared-care programme is provided through MCHCs in collaboration with the Obstetric Department of hospitals under the HA to monitor the whole pregnancy and delivery process. For postnatal mothers, MCHCs provides physical checkups, advice on family planning, help and support to adapt to changes in life through individual counselling.

Regarding the education services for the children born in Hong Kong to persons entering Hong Kong on employment visas, if they are eligible for admission to public sector schools according to their residential status, they may apply for a public sector Primary One/Secondary One school place through the Primary One Admission System or Secondary School Places Allocation System for admission in the following school year, or seek admission to individual public sector schools directly during the school year (including other class levels). The Regional Education Offices of the Education Bureau are ready to provide information on admission to schools.

(4) The Employment Ordinance (EO) provides equal statutory employment rights and benefits (including maternity and other relevant protection) to all employees working in Hong Kong, regardless of whether they are local or foreign workers (including those who are admitted under an employment visa and FDHs). Apart from the aforementioned statutory labour rights and benefits, the Special Administrative Region Government has, through administrative means, required employers to enter into Standard Employment Contracts (SEC) as prescribed by the Government for employment of FDHs and foreign workers imported under the Supplementary Labour Scheme. The employer also has to make available a copy of SEC to the worker concerned. SEC requires employers to provide their workers with suitable accommodation, free medical benefits and free passages between Hong Kong and their places of domicile. The Labour Department has also covered in its publications (e.g. the "Practical Guide for Employment of foreign domestic helpers - What foreign domestic helpers and their employers should know") the maternity protection and other requirements enjoyed by FDHs under EO so that both employers and FDHs are aware of their own rights and obligations.

The current four anti-discrimination ordinances (i.e. the Sex Discrimination Ordinance, Family Status Discrimination Ordinance, Disability Discrimination Ordinance and Race Discrimination Ordinance) protect individuals against sex, family status, disability and race discrimination in the provision of goods, facilities or services, among other areas. These provisions apply equally to all persons in Hong Kong, including persons entering Hong Kong on employment visas.

Ends/Wednesday, February 11, 2015
Issued at HKT 18:50

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LCQ8 Annex