CHINA | Ombudsman Hong Kong announces launch of two direct investigations

On 14 January 2021, the Ombudsman, Ms Winnie Chiu, announced the launch of two direct investigations: one to examine the effectiveness of rodent prevention and control by the Food and Environmental Hygiene Department (FEHD) and another to examine the Government’s regulation of boarding facilities for foreign domestic helpers (FDHs).

Rodent prevention and control

The Government’s rodent prevention and control work is important, as it can affect people’s everyday life. Currently, the Pest Control Teams of the FEHD are responsible for rodent prevention and disinfestation in public places. Their major duties include conducting rodent infestation rate (RIR) surveys, carrying out inspections at places with potential risks of rodent infestation, such as rear lanes and illegal refuse disposal blackspots, and taking necessary preventive and control measures. The FEHD also provides training and technical support for other government departments regarding rodent prevention and control at public venues and premises under their management.

However, there are public views that the FEHD’s rodent control has been ineffective and that the Department’s RIR surveys have failed to reflect the actual situation, leading people to believe that the rodent infestation situation is not serious.

Ms Chiu noted, “Rodent infestation can cause a nuisance to the daily life of the general public and spread different types of serious diseases. I have noticed the wide media coverage about the grave problems of rodent infestation in a number of markets managed by the FEHD last year. Moreover, it is of concern that since the world’s first case of human infection of rat Hepatitis E virus was found in Hong Kong in 2018, more than 10 cases had been recorded as at December 2020. In view of the situation, I have decided to initiate a direct investigation to examine the effectiveness of the FEHD’s rodent prevention and control work and make recommendations for improvement where necessary.”

Government’s regulation of boarding facilities for foreign domestic helpers

In late 2020, amidst the COVID-19 pandemic, there had been extensive media coverage on FDHs being continuously infected in Hong Kong. An array of problems relating to boarding facilities for FDHs also unfolded, such as over-crowdedness, poor hygiene and suspected violations of building usage, etc. Some media reports brought to light the issue of possible illegal operations, as licensees of FDH employment agencies (or other parties) had allegedly failed to obtain from the Government a relevant licence or waiver before leasing out their premises as FDH boarding facilities.

It was pointed out that as FDHs are permitted to remain in Hong Kong for two weeks upon completion or premature termination of their employment contract, they have a need for boarding facilities during this period of stay in Hong Kong. However, there is currently no specific legislation for regulating FDH boarding facilities, nor have relevant government departments established any mechanisms for inspecting such facilities regarding their compliance with requirements for fire and building safety measures.

Ms Chiu noted, “Since the Government permitted the importation of FDHs into Hong Kong in the 1970s, FDHs have enjoyed statutory rights and have been protected by the Standard Employment Contract prescribed by the Government, including their entitlement to proper accommodation. However, as alleged, many FDH boarding facilities are located in over-crowded commercial or residential buildings. Whether such facilities comply with public safety requirements has aroused much concern. The Government has a duty to ensure a reasonable living environment for FDHs working in Hong Kong as well as public safety. Against this background, I have decided to initiate a direct investigation to examine the regulation of boarding facilities for FDHs by relevant government departments, including the Labour Department, the Home Affairs Department and the Immigration Department, and make recommendations for improvements where warranted.”

 

Source: Office of the Ombudsman Hong Kong, China

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