Reporting Abuse

In this section:
Zero Tolerance For Abuse
Keeping The Evidence
Asking For Help
After Reporting To The Police
Help And Contacts

Zero Tolerance For Abuse 
There have been reports on cases concerning physical assault or sexual violence committed by the employers or their family members against their domestic workers in Hong Kong. Both physical assault and sexual violence are crimes under Hong Kong law. You should therefore not tolerate such kinds of abuse and report it to the police as soon as possible. Call 999 for help from the police in a case of emergency.

Being subjected to physical assault or sexual violence by your employer is an adequate and lawful reason for you to terminate the contract without any notice. In such case, you are not obliged to pay anything to your employer. If you have been subjected to physical assault or sexual assault by your employer of other member of the family, it is strongly advisable that you escape from your employer’s house. Top

Keeping The Evidence 

It is important that you do not get rid of any available evidence of the abuse. If you have been beaten by your employer or the other family member, take pictures of any marks left by the beatings. If you have been subjected to sexual violence, do not take shower and do not wash the clothes and underwear you were wearing or the bed sheet where the violence took place. If you have wiped out yourself, keep the tissues, napkins, or cloth that you have used.

It is perfectly normal and totally understandable if you feel dirty and want to clean up yourself after you have been subjected to sexual violence. However, the clothes, bed sheets, and underwear you were wearing are essential evidence which can be used later against the perpetrator in the court. Top

Asking For Help
When you have the chance, leave your employer’s house and go to the nearest hospital. If possible, bring all the evidence and your personal documents with you. Let the doctors to check any marks caused by the physical assault or sexual violence, and remember to ask for a medical report and a receipt. After visiting the hospital, it is best that you directly go to the police and report them what has happened to you. Click here to find the complete list of Hong Kong police’s Report Rooms across Hong Kong.

At the police station, inform the officer in duty that you have been subjected to abuse. If it is difficult for you to tell the officer on what has happened, do not hesitate to ask her to give you some time.

While it is easy to say, in practice it may not be easy for you to quickly go to the hospital or the police on your own. It is advisable that you contact one of the organisations listed at the end of this section in order to get professional help and assistance. These organisations have hotlines which you can contact at almost any time. They also have professional staff who can accompany you to go to the hospital, the police, or other relevant parties.

IMPORTANT - Visa extension When you leave your employer’s house due to physical assault or sexual violence, your employment contract is considered terminated. The two-week rule which requires you to leave Hong Kong within two weeks will therefore apply. However, if you are reporting your employer to the police for abuse and there is an ongoing investigation against her, you can apply for a visa extension to the Immigration Department. Click here for more information on how to extent your visa.

It is perfectly fine if you are more comfortable to contact your friend first and tell him or her about what have happened to you. What important to remember is that you should not come back to your employer’s house and that you need to get away from further danger as soon as possible. You can temporarily stay in one of the safe houses or shelters provided by different organisations in Hong Kong without any charge. Top

After Reporting To The Police
After finished filing a complaint to the police, do not go back to your employer’s house. You may stay at your friend’s house or other safe place. You may also want to contact one of the organisations providing free shelter or safe house listed at the end of this section.

The police will ask you to come back to the police station to give a statement. A police officer of the same sex should interview you in the case of sexual violence. Try your best to answer all the questions clearly. However, you can also tell the police officer if you are not ready to answer their questions. If you do not understand or speak the language they use, do not hesitate to ask for an interpreter so you can express yourself better. You have the right to get a copy of each of your statement by the police.

If you agree, the officer may refer you to the Social Welfare Department for specialised crisis intervention and after care.

You have the right to be informed on any significant development of the investigation. The police officer will therefore maintain a regular contact with you.

According to the police’s The Victims Charter, in addition to the right to information concerning investigation and prosecution of your case, as a victim of crime, you have the rights as follow:

• The right to be treated with courtesy and respect – members of the law enforcement agencies shall treat you with courtesy, compassion, sensitivity, and respect for your personal dignity and respect at all times; 
• The right to have a proper response to complaints of crime; 
• The right to information on crime reporting – you should be provided with the details of the officer in charge of your case as well as any service and remedies available for you (for example, concerning legal aid, compensation, and social welfare service); 
• The right to proper facilities at court; 
• The right to be heard; 
• The right to seek protection; 
• The right to privacy and confidentiality – if you have been a victim of sexual violence, the law enforcement agencies including the police have the obligation to keep your identity confidential; 
• The right to prompt return of property – the police may retain some of your property to be used as evidence in the investigation. Once such property is no longer needed as evidence, the police have to return it to you as soon as possible; 
• The right to support and after care; 
• The right to seek compensation. 

For more information on the right of the victims of crime, click here.

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Help And Contacts
List of organisations
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