[lulumay]

We found the perfect part time local domestic helper. Does anyone know if it is legal for us to ask her if she has any criminal history? Also, does she have to disclose her criminal history (by law)?

[lulumay]

does anyone know?

[xxxlionxxx]

It's perfectly normal for an employer to ask such question. But by law? Unless you're recruiting a police officer or something like that.....

I'm just thinking if your local DH would be bothered to provide any proofs? (Under most normal circumstances, I don't think any ordinary people or organizations would have access to any criminal records.)

Labour Department & Office of the Privacy Commissioner for Personal Data would be a good starting point for your case.

If you can't make up your mind, dial 1823 first, it's a general hot line provided by the HKSAR Government. They may be able to show you to the right track.

One more thing, this is what the PCPD says

1. Can an employer ask job applicants whether they have any criminal record?

DPP 1 stipulates that only personal data that are necessary for the purposes for which the data are to be used should be collected. Further, it requires that the data collected should be adequate for those purposes, but not excessive. No hard and fast rules can be laid down as to what data are necessary for human resources management purposes and what are not. This will depend on the facts of the individual case. For some jobs, it may be necessary to ask whether or not an applicant has a criminal record. For example, where the employment position involves the control of valuable items. In deciding whether it is necessary to collect a particular item of information, data users should consider whether the purpose for which the data are being collected can be reasonably carried out if the particular information is not collected.

Ah, their wording is making me sick, I need a nap.

[lulumay]

thanks XXX

its kinda like asking how old she is or is she female?
just want to make sure