While we are prepared to accept and consider your second application for
change of employer, I must remind you that this is final. If your second
prospective employer again backs out or withdraws his/her sponsorship for
whatever reasons, your further application for extension of stay for the reason of
processing a new employment in Hong Kong will be refused. Your further
application for change of employer will not be considered. If you still wish to
work for a new employer in Hong Kong, you should submit a fresh application in
your country of origin.[10]
Based on the foregoing, the Immigration Department noted that the
application of Lacerna was her second request for change of employer. She filed
the first application after her contract was pre-terminated on May 4, 2000. This
refers to the pre-termination by Charmain in the Notification of Cancellation of
Employment Contract dated May 2, 2000. However, the prospective employer
subject of said first application backed out, hence, Lacerna submitted a second
application for change of employer which was granted with a warning that the
same will be her last chance to stay in Hong Kong. Said second application landed
her a job in the household of Donna on May 20, 2000. When the latter dismissed
Lacerna on June 30, 2000, she applied for the third time to change employer but
was denied by the Immigration Department which directed her to leave Hong
Kong. Thus:
I refer to your application on 11 JUL 2000 for change of employer
in Hong Kong after premature termination of contract.
Please note that under the existing policy, foreign domestic helpers whose
contracts are terminated prematurely are required to return to their place of origin
where they may submit fresh application for entry to Hong Kong if they so
wish. Permission to change employment in Hong Kong is given only in
exceptional circumstances. These include, for example, cases where the
employers are unable to continue with the contracts because of migration, external
transfer, death or financial reasons or there is evidence that the domestic helpers
have been abused or exploited.
According to our records, you were on 19 MAY 2000 granted permission
to remain in Hong Kong to work as a domestic helper under a standard 2-year
employment contract. On 30 JUN 2000, your employment contract was
terminated prematurely.
Subsequently, you applied for change of employer in Hong Kong. During
your application, you were allowed opportunities to provide information to
support your case.