 
ON
THE REPORT OF THE TASK FORCE ON POPULATION POLICY
Statement of Philippine Consul General
Victoria
S. Bataclan
This is a sad day for justice and equity.
The HKSAR Government, through Chief Secretary Donald Tsang, unveiled today new population-related policies that entail the imposition of a $400-levy
on the employment of Foreign Domestic Helpers (FDHs) and reduction of Minimum Allowable Wage (MAW) by the same amount. Furthermore, under
Mr. Tsang's population policy review, the Hong Kong Government is also seriously considering the exclusion of FDHs from subsidized public healthcare
services.
These inequitable and discriminatory policies belie the oft-repeated acknowledgement by Hong Kong government officials of the significant
contributions of Filipino domestic helpers to Hong Kong families and society.
The MAW was reduced by 11% on the pretext of chronic deflation and a 16%
decrease in the median monthly income of workers in elementary
occupations. We urge the HK Government to consider the fact that, of the
various CPI components, electricity, gas and water registered the largest
decline in prices in January 2003. On the other hand, prices of goods consumed by FDHs, such as clothing and footwear as well as meals bought
away from home, did not fall appreciably. It should also be pointed out that
mandated wages of civil servants were reduced by only 6% to be applied in
two equal installments of 3% effective 2004 and 2005. In contrast, meager
earnings of lowly FDHs will be cut by 11% effective April 1 this year.
To make matters worse, FDHs, who are indisputably the lowest paid and most
vulnerable members of HK society, are now made to bear the burden of retraining LDHs and other displaced local workers by way of the levy.
Savings of employers accruing from the 11% salary reduction represent the
same amount of levy that will be imposed under the Employees Retraining Ordinance. Considering the non-entitlement of FDHs to a host of benefits
accorded to a HK resident, the decision to source funds for the Employee
.Retraining Board from FDH's salaries is manifestly exploitative.
Adding insult to injury, plans are underway to exclude FDHs from availing
themselves of subsidized health services as a cost-cutting measure. Yet, the
HK looks to FDH income as a source of revenue to retrain HK people in pursuit of a knowledge-based economy. These new policies are plainly
inconsistent with the Chief Executive's vision of a just and caring Hong Kong
society.
Although moves on the part of the HK government to improve existing mechanisms for the admission of FDHs and to prevent exploitation of migrant
works are welcome, we find it unjust that FDHs would also be penalized for
possible violations which are effectively under the exclusive control of the
employer.
It would appear that the foregoing policies all serve to promote local
employment opportunities and discourage the employment of FDHs. These measures
smack of protectionism and run counter to free market principles that HK zealously espouses.
Hong Kong Government officials had heretofore repeatedly assured us that
our views would be considered together with those of other sectors of HK society. However, no genuine and open discussion of the various issues
took place. Even the assurance of the HKSAR Government to inform us in advance of any decision that will adversely affect our workers was set aside.
In fact, more information was disclosed to the media than to representatives
of our government who traveled purposely to Hong Kong to ascertain details
of what were then FDH policy proposals.
In the aftermath of the Chief Secretary's report, we appeal to the sovereign
wisdom and sense of fairness of the HK Government to reconsider these new policy decisions. Appropriate representations with the HKSAR Government
will continue in this regard.
We also appeal to HK employers to allow their sense of fairness to prevail by
continuing to pay the existing minimum allowable wage of 3,670 or more. We
sincerely thank employers who have expressed their willingness to shoulder
the burden of the approved levy without reducing their helper's salary.
We will ask our Government to review its policy on the deployment of Filipino
workers to Hong Kong. Towards this end, we will commence exhaustive
consultations with the Filipino community in Hong Kong, government authorities in Manila and our Asian neighbors to examine these recent
developments and assess our long-term interests.
After appropriate consultations, we will consider a recommendation for
relevant Philippine Government authorities not to process contracts that
stipulate a salary below the existing minimum allowable wage for FDHs in the
amount of HK$ 3,670.
I note that there are now NGOs and other concerned parties who are looking
into the implications of these decisions on the international commitments of
Hong Kong under the ILO, the WTO and other pertinent human rights covenants and instruments as well as Hong Kong's Basic laws and other anti-discrimination ordinances.
The decisions announced today do not redound to the mutual interests of both
the Philippines and Hong Kong. We remain hopeful that the Hong Kong Government would take cognizance of the views of a close neighbor and a
longtime friend.
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