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Employment contract: what are my labour rights?

Take a deeper look at the 'Foreign Domestic Helper Employment Contract' that you signed to secure your employment in Hong Kong. Learn about your rights and protections under the Hong Kong Labour laws, and what you can do if your rights are violated.  

Pregnancy: what are my rights?

Learn about your maternity rights and entitlements and find out which organisations offer legal advice and assistance to domestic workers who face pregnancy issues while working in Hong Kong.

Equal opportunity: how am I protected from discrimination?

In this lecture, learn about the discrimination ordinances in Hong Kong and understand how these apply to you as migrant domestic worker, including protection from discrimination due to sex, marital status, pregnancy, family status and race.

What are my rights when I borrow a loan?

Although we always advise planning ahead to avoid loans, sometimes a loan might be highly necessary. When you borrow money from a moneylender, you might often just think of your obligations, such as when to repay and how much. However, whether you are a borrower or a guarantor, remember that in addition to obligations, you also have rights according to Hong Kong law (the Money Lenders Ordinance). Know your rights!

Rights of a borrower

As a borrower you have a right to: 

  • repay your entire loan early at any time at the same effective interest rate as if the loan was not repaid early

  • repay the loan in instalments

  • understand the terms of repayment

  • understand if any asset has been pledged as security for the loan

  • upon making a request in writing and paying a prescribed fee (for expenses incurred in providing the information), retrieve the following:

    • the date the loan was made

    • the amount of the loan

    • the interest rate

    • the amount of loan repayments already received

    • the amount of every sum due (but not paid) and the date it is due

  • the loan should state the lender, borrower and guarantor’s name and address, state the place of signing and should be signed by you (the borrower)

  • receive from the lender within 7 days a summary of the MLO provisions which sets out all your rights and obligations.

Rights of a guarantor

If you agree to be a guarantor on someone else’s loan you have a right to receive, within 7 days:

  • a written copy of the loan (compliant with the requirements above);

  • a copy of the guarantee

  • a statement of the amount payable by borrower and payment due dates

Extortionate interest rates

The maximum annual interest rate that you can be charged on a loan is 48%-60%. A loan with an effective interest rate that exceeds 48% per year is considered to be extortionate. This means that the lender must justify why such high interest is not unreasonable or unfair before a court will enforce repayment of the loan. Loans with interest rates above 60% are illegal. 

Learn more about how to manage your debts and plan for the future to avoid needing a loan! Attend our Money Wise Migrants foundation workshop.

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