Kwun Tong Magistrates' Courts have convicted and fined employer Mickey Chiu $44,000 for underpaying her Indonesian domestic helper.

Throughout her one-year employment period, the domestic helper received only $6,300 in wages and did not have any holidays. She earlier unitiated a civil claim at the Labour Tribunal and got back about  $50,000 in separate proceedings.

For the first time, the Labour Department brought the helper back to Hong Kong from her homeland to be a prosecution witness. The fine is the heaviest so far in a case involving underpayment of wages to foreign domestic helpers.

The case shows the department's determination to tackle cases concerning underpayment of wages for foreign domestic helpers. It now has an effective mechanism to offer assistance to foreign domestic helpers, and will take enforcement actions.

The department calls on employees to come forward as a prosecution witness if the employer defaults on wage payments.

Sentence sends strong message to employers

The court sentence sends a strong message to employers that they should not underpay their foreign domestic helpers or they will be in breach of the Employment Ordinance and liable to heavy penalty.

The maximum fine for underpayment of wages under the Employment Ordinance is $200,000 and a year in prison.

Employers who intend to pay their foreign domestic helpers below the minimum allowable wage, but submit an employment contract to the Immigration Department with the minimum allowable wage rate, may also be liable to a charge of making a false statement or representation under the Immigration Ordinance.

The offence carries a maximum penalty of $150,000 and 14 years' imprisonment.