Innocent until proven guilty

Today is International Human Rights Day. Yet right here in Hong Kong, a human life may soon be lost because the human rights of a woman who came here to serve in the home of a Hong Kong family are being grossly neglected.

Lena, a domestic worker, discovered an unusual and uncomfortable lump in her body. It was her right to visit any of our local hospitals and consult a doctor. He confirmed that Lena had a tumour. A biopsy was scheduled. Gripped with fear, she informed her employer, expecting a sympathetic response.

According to the Employment Ordinance and the Disability Discrimination Ordinance of Hong Kong, it is illegal for an employer to dismiss his/her helper due to illness or a medical condition.  Yet Lena’s employment was immediately terminated.  All the domestic helpers who come to Christian Action’s Paralegal Advice Service that have been dismissed because they are ill, have been illegally dismissed!

In addition to a serious illness, Lena was suddenly unemployed, and homeless.  Devastated, she came to Christian Action for help. We arranged for a volunteer to accompany her to a pre-assessment and preparation for her biopsy in July 2013. When Lena attended her appointment, she was told that her immigration status had changed to ‘Non Eligible Person’ because her employment had been terminated. There would be no further treatment unless she paid a deposit of HK$47,000.

Christian Action immediately appealed to the Hospital Authority to waive the fees. While waiting for the outcome of the appeal, a number of generous donors from within the domestic helper support network helped pay for treatment, and Lena was able to undergo her biopsy. The tumour is malignant. Surgery and treatment will cost around one million Hong Kong dollars.

Then came the news that the appeal for waiver of fees was rejected as the doctors felt her case was not ‘urgent’.  Unless Lena is able to raise the funds, she will not be treated. Now in constant pain, she simply wants to go home.  Lena has lost her family’s livelihood and it’s unlikely that she will be able to access the medical care she needs in her home country.   Hong Kong’s failure to enforce its own laws has badly failed a human being who had rights.

Domestic helpers may lodge a case with the Labour Department and Equal Opportunities Commission for redress, but the process is slow and sometimes ineffective.  During this process, the helper has lost her right to have any treatment unless she pays private fees. This is contrary to the spirit of any legal system – innocent until proven guilty!

There needs to be some interim arrangement for the domestic helpers in situations like this.  Our campaign on behalf of the innocent will continue until some questions are answered!

Listen online to my recent radio broadcast about domestic helpers in Hong Kong!