In Hong Kong, it is a serious issue if someone holds or keeps your passport for you – both you and the person holding your passport may get into trouble under the law. Under the Immigration Ordinance of Hong Kong, everyone who lives in Hong Kong (including migrant domestic workers) must carry a proof of identity (for example, a Hong Kong identity card or a passport).
Lending your passport or borrowing someone’s passport is also a serious issue. It is important to never give away your passport.
What can I do if my employment agency is holding my passport?
An employment agency is not allowed to hold a migrant domestic worker’s (‘MDW’) passport under the law of Hong Kong, and the Codes of Practice for an employment agency.
If your employment agency holds your personal documents (for example, passport, ID card), even if you agree to it, you can report the agency to the Employment Agencies Administration.
If the employment agency or the staff try to tell you that it is legal for them to hold your documents, or they threaten you, you can consider going to the police directly as holding your passport might be considered theft. You can also report the issue to your consulate.
It is fine for your agency or employer to keep your documents temporarily – meaning that they will give it back to you. You must freely consent (agree) to this. Make sure you check and confirm with your agency or employer when they will give you your documents back.
What if my employer is holding my personal documents?
If your employer holds your passport or travel documents, you should first try to tell your employer that holding your documents is not allowed under Hong Kong law.
If your employer refuses, you can make a report to the police for theft, or you can contact your consulate, who may be able to help you.
Helpful Tips
- Consider making a police report if your agency or employer refuse to give you your personal documents and the agency/employer is in Hong Kong.
- If your agency is outside of Hong Kong, you might need to get help from your Consulate.
- Consider reporting the employment agency if they hold your documents or passport without your consent or to use it to ensure full payment of debt.
- Do not delay taking action. Even if you do not need your passport or your documents immediately, it is always better to take immediate action.
