FDH Gone Missing: A Step-by-Step Guide for Hong Kong Employers

Overview

If your foreign domestic helper (FDH) leaves your home without notice and stops communicating, your first priority is to protect yourself legally by notifying the Immigration Department promptly. Failing to do so can expose you to criminal liability — even if you had nothing to do with the helper's disappearance.

Steps to Take

1. Notify the Immigration Department (IMMD) within 7 days — this is a legal requirement under Clause 12 of the Standard Employment Contract (ID407). Submit the ID407E notification form online at gov.hk, by fax to 2157 9181, or in person at IMMD's Foreign Domestic Helpers Section. You do not need the helper's written acknowledgement to file — you can submit unilaterally.

2. Consider filing a missing person report with the Police — the Labour Department recommends this, though it is not legally mandatory. You can do so at any police station.

3. Notify the helper's home country consulate — contact the Philippine Consulate or Indonesian Consulate in Hong Kong to inform them of the situation. They may be able to assist with follow-up.

4. Notify your employment agency — your agency should be informed so they can assist and document the record.

5. Pay all outstanding wages — you must pay wages earned up to the helper's last working day, even if she left without notice. Withholding wages is a separate offence under the Employment Ordinance.

Why the IMMD Notification Matters

Once the contract is terminated, your helper's legal right to remain in Hong Kong reduces to a maximum of 2 weeks. After that, she is an overstayer — which is a criminal matter for her.

However, if you fail to notify IMMD that the contract has ended, you risk being prosecuted for aiding and abetting an illegal overstay — even unintentionally. The maximum penalty for employers is a fine of HK$50,000 and 2 years' imprisonment. Filing the ID407E promptly is your legal protection.

What About Her Belongings?

Do not sell, dump, or give away your helper's personal belongings — even if she has been gone for weeks. Disposing of another person's property without authority can constitute conversion (a civil wrong) or even theft under the Theft Ordinance (Cap. 210).

Instead:

• Store the belongings safely
• Take photos or make an inventory of what was left behind
• Attempt to return items through the helper's consulate or employment agency
• If a passport was left behind, contact the consulate to arrange its return — do not retain it

There is no fixed waiting period in law for abandoned belongings in a residential setting. If significant time has passed and you have made genuine efforts to arrange return, seek legal advice before disposing of anything of value. For low-value or perishable items, disposal after reasonable contact attempts is unlikely to be an issue in practice — but this is not a formal legal clearance.

Important Notes

• File the ID407E within 7 days — do not wait to see if she returns
• Do not attempt to physically find or detain the helper yourself
• Do not accept any payment or benefit in connection with the helper's subsequent employment elsewhere — this creates additional legal risk
• Keep all records: termination date, wages paid, IMMD submission confirmation, police report number if filed

Relevant Law

• Immigration Ordinance (Cap. 115) — breach of conditions of stay; employer liability for aiding/abetting overstay
• Standard Employment Contract (ID407), Clause 12 — 7-day notification requirement
• Employment Ordinance (Cap. 57) — wage payment obligations
• Theft Ordinance (Cap. 210) — disposal of another person's property

Related Resources

• IMMD ID407E Online Notification
• Labour Department FDH FAQ
• IMMD FDH FAQ