Recent online circulation of a guide for foreign domestic helpers to give birth in Hong Kong has again drawn attention to the issue of importing foreign domestic helpers in Hong Kong society. The Hong Kong Immigration Department has refuted this claim.
According to a July 15 report by Hong Kong’s Headline Daily, a recent post on the mainland Chinese social media platform Xiaohongshu has circulated, detailing a strategy to obtain permanent residency in Hong Kong by giving birth to a child while working there as a foreign domestic helper. The post claims that mainland Chinese women can obtain Hong Kong permanent resident status for their offspring by securing employment in Hong Kong under various imported labor schemes. It asserts that if a pregnancy occurs ’unexpectedly’ during their stay, the child will automatically be granted permanent residency. The author claims that unlike Filipino or Indonesian domestic helpers, mainland Chinese workers, provided they are Chinese citizens with legal residency, are guaranteed permanent residency for their children. Furthermore, it is claimed that standard employment contracts prohibit the dismissal of pregnant employees. The post states that the only way to fail to obtain permanent residency is if the stated purpose of entry is not genuine, including being pregnant prior to employment. Therefore, the author advises those who wish to follow this strategy to maintain ’professional ethics,’ emphasizing that success hinges on legitimate employment in Hong Kong, an unexpected pregnancy, and compliance with employer regulations.
The post subsequently sparked concern among mainland Chinese netizens, with some vowing to “remember this loophole,” while others questioned whether it was a misleading tactic employed by intermediaries.
The Hong Kong Immigration Department stated that it rigorously scrutinizes every visa or entry permit application. Any fraudulent activity will be immediately investigated and subject to law enforcement action. The department continuously analyzes trends and methods employed by mainland pregnant women seeking to give birth in Hong Kong. Under current regulations, providing false information in visa or entry permit applications, or making false statements to immigration officers, constitutes an offense by both the applicant and the employing company. Upon conviction, offenders face a maximum penalty of HK$150,000 and 14 years’ imprisonment. Those who assist or abet in such offenses will be subject to the same penalties.
According to available information, Article 24 of the Hong Kong Basic Law defines “Hong Kong permanent residents” as “Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region”. This provision has given rise to the issue of “dual non-resident infants” (i.e., infants whose parents are both mainland Chinese). In 2013, the Hong Kong SAR government implemented a “zero dual non-resident” policy, which included provisions such as public and private hospitals not accepting booking for childbirth by “dual non-resident pregnant women”, and non-local pregnant women entering Hong Kong with a “two-way permit” being refused entry, etc.
Hong Kong media reports that, as of the end of May this year, more than 50,000 individuals have arrived in Hong Kong under various imported labor schemes. A senior Hong Kong barrister stated that, according to a 2013 ruling by the Court of Final Appeal, children born in Hong Kong to parents who are not Hong Kong permanent residents (often referred to as “double non-residents”) are no longer guaranteed the right of abode. Therefore, even if mainland foreign workers have children in Hong Kong, their offspring may not obtain Hong Kong residency. Barrister Albert Luk Wai-hung analyzed that the right of abode guaranteed to children born in Hong Kong is contingent upon their parents or guardians. They must legally reside in Hong Kong for seven years before applying for permanent residency. In other words, if the foreign worker’s contract expires and neither parent has permanent residency, the child must return to mainland China with the parents. In the past, some mainland mothers on two-way permits overstayed their visas to give birth in Hong Kong, however, their children’s time spent in Hong Kong is not counted towards the seven-year residency requirement. Therefore, if foreign workers overstay after giving birth, it will ultimately prove counterproductive.
The Hong Kong food and beverage industry employs a large number of young women. Wong Ka-wo, chairman of the Hong Kong Federation of Restaurants and Related Trades, stated that pregnancies among foreign domestic helpers are “quite rare” at present. Coupled with the fact that many restaurants and eateries are still in the recovery phase and the limited hiring of foreign domestic helpers, he is not concerned that strategies related to childbirth will create a “new loophole” for non-permanent residents to give birth in Hong Kong. He frankly stated, “These underhanded methods are still insignificant.”