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HK labour chief says employers not obliged to ensure FDHs’ jab records valid

26 August 2021

By The SUN 

Law says employers will not be held liable if their FDH's vaccination record turns out to be fake (file)

Secretary for Labour and Welfare Law Chi-kwong has clarified that employers are under no legal obligation to ensure the validity of their incoming foreign domestic helper’s vaccination record.

Speaking to the press after attending a Legislative Council meeting this afternoon, Law said “employers do not have legal responsibilities to check the vaccination record.”

That duty, he said, belongs to those who will check the worker’s documents before being allowed to board their flights from their home countries, and those manning Hong Kong’s port of entry.


“The duty does not rest on the employers but for sure if they really want to look at them themselves, they can do it but they have no legal responsibilities or liabilities to do so.” Law said.

He was responding to a question on whether employers will face legal liabilities if it turns out that the vaccination records of their hired worker turn out to be fake.

The question arose from a government advisory issued earlier in the day, which gave details of Hong Kong’s plan to allow vaccinated FDHs from the Philippines and Indonesia to start coming in from Monday, Aug 30.

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The advisory suggested that employers “confirm the authenticity of their FDHs’ vaccination records before booking tickets and rooms in the designated quarantine hotel.

If the FDH is found to have come to Hong Kong using a fake vaccination record, the worker will be sent to another quarantine facility, and no refund of fees will be allowed.

The government statement also warned that any person who knowingly or recklessly gives any false or misleading information may be prosecuted and fined up to $25,000 and imprisoned a maximum of six months – a statement obviously directed at the worker.


In addition, the relevant consulates general will be informed, and the worker will be stopped from securing another employment visa in Hong Kong in future.

Workers found with fake vaccination records may be fined, jailed, & barred from working in HK

Law also forecast that there will be no large numbers of FDHs arriving within days because the quarantine facility designated for their use has only 409 rooms.

“So even if we do not stop the planes coming to Hong Kong they will not be able to board the plane because they will not be able to book a hotel,” he said.

Based on recent figures, he also allayed fears that there will be a spike in the number of imported cases with the arrival of the FDHs, pointing out that the workers are required to be fully vaccinated and must test negative for Covid-19 within 72 hours before leaving for HK.

Law said the government is looking to secure another quarantine hotel for the incoming FDHs “and exploring other possibilities” to ensure their gradual entry to Hong Kong.

But this, he said, will depend on the progress of the scheme, the risks that might ensue, and the situation of the places where the FDHs will be coming from, noting in the process that “in the Philippines, the number of cases has been increasing very rapidly recently.”

“So we have to basically monitor the situation day after day,” he said.
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