How a migrant domestic worker and sexual assault victim in Hong Kong fought for justice from her home country
- Kim left Hong Kong after being sexually assaulted by her former employer’s husband, and Justice Without Borders stepped in to help her pursue the case remotely
- The organisation, which provides cross-border legal aid to workers who have returned to their home countries, will hold a 10th-anniversary event this month
Hiring migrant domestic workers (MDWs) is common in Hong Kong, but these workers are also some of the city’s most disadvantaged employees, and their needs are often overlooked.
Kim (not her real name) is a survivor of sexual assault by her former employer’s husband in 2021. For over three months after the incident, she stayed at church accommodation arranged by a domestic workers’ union, which later referred her to Justice Without Borders (JWB).
“She couldn’t stay in Hong Kong any more,” says Celine Chan, co-head of JWB’s Hong Kong office, who reveals that by the fourth month, Kim had recurring nightmares and often cried at night.
Kim says that if she didn’t know about JWB, she would probably have just gone home to the Philippines without following up on the case.
“Nothing would have come of it,” she says. “[JWB] have helped me a lot. They also helped me get therapy.”
After two years, Kim’s case was recently concluded and settled outside court.
“There are a lot of organisations in Hong Kong serving MDWs, but what [JWB does] is slightly different, in that we provide cross-border legal assistance to workers who have gone back to their home countries,” Chan says.
“Staying in Hong Kong usually makes the legal proceedings easier, but at the same time, it can come at a very high price if the victim is particularly vulnerable and away from their family and support system.”
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While Kim credits JWB for referring her to receive therapy after the traumatic incident, Chan clarifies that therapy is not one of JWB’s in-house services.
“It just comes from the human side of us when we have a vulnerable client who can benefit from psychological help. So, we connected Kim with another NGO in the Philippines which provides free virtual therapy.”
Founded in 2013, Justice Without Borders is a non-profit organisation with offices in Hong Kong, Singapore and Indonesia that has been serving the region’s domestic workers for 10 years.
It has helped those employed in Hong Kong and Singapore with a variety of legal and employment matters, from unpaid wages and overcharged agency placement fees to race, religion, gender and disability discrimination cases, and workplace abuse.
The organisation also runs mentorship programmes for migrant domestic worker union leaders and training interventions for Indonesian frontline partners.
“You may notice that we use the term ‘migrant domestic workers’, even though the government uses ‘foreign domestic helpers’,” Chan says. “I think it does affect how people feel about MDWs.”
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Chan explains that “foreign” creates an “us versus them” mentality, which alienates MDWs, while “helper” discredits their work.
“We want to remind people that they are workers and employees who deserve the same respect and protection under the law of Hong Kong,” she says.
Chan explains that to support migrant workers who go from one country to another, it is important to have a transnational network of service providers.
“We can’t do everything, but we try to connect them with people who can help.”
Our goal is to break down the legal barriers for MDWs so that they get their voice and sense of agency back
JWB opened first in Singapore in 2014, then in Hong Kong in 2015, and in Indonesia a year later. It is currently working towards opening an office in the Philippines. In each place, it began with research on the issues affecting MDWs.
“We found that in order to have cross-border access to justice, one of the judicial barriers is the difficulty for MDWs to have remote hearings in Hong Kong courts,” Chan says. “[Remote hearings are] very common in corporate cases and the High Court, or even just District Court, however most MDW cases usually go to the Labour Tribunal.
“When we first started, remote hearings at the Labour Tribunal level were completely unheard of. One of our early cases became the first Labour Tribunal case where the worker could give her testimony from [her home country].
“From then on, remote hearings became more common in different levels of courts. This is the kind of judicial barrier that we work to break through.”
Chan adds that most workers have never interacted with lawyers, and lawyers rarely have MDWs as clients. While many workers may feel nervous because of the power imbalance, JWB’s job is to aid in levelling those dynamics, so that both parties can communicate fairly and clearly.
“As an NGO, we don’t provide legal advice, but we connect workers with pro bono lawyers. Our goal is to break down the legal barriers for MDWs so that they get their voice and sense of agency back.”
To commemorate its 10th year of service, JWB will host a celebration at Soho House Hong Kong, where the public can show their support for the city’s MDWs.
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The event will have food, drinks and a charity auction, from which proceeds will go towards JWB’s second decade of operation as it continues to assist vulnerable migrant victims of labour exploitation.
The charity auction will feature artworks by Hong Kong-based artists Kanny Yeung and Gedvile Bunikyte, tasting menus at Club Rangoon and Duddell’s, and experiences including yoga, coasteering and portrait photography.
