Live-in accommodation & privacy

Problem

“We’ll make a space on the sofa,” informal live-out deals, shared rooms that breach privacy, unpaid food, or silent cameras in the helper’s rest area look like household logistics. They are SEC / ImmD / Personal Data (Privacy) Ordinance territory. ImmD can refuse an employment application if you cannot prove suitable accommodation with reasonable privacy.

Steps

1. Live-in is mandatory under Clause 3. The helper must work and reside in the employer’s residence specified in the Standard Employment Contract (ID 407) for the whole employment period in Hong Kong — including rest days, statutory holidays, and paid annual leave. You must not compel the helper to take leave, or to live elsewhere, merely because you are away from Hong Kong or temporarily living elsewhere. (Pre-1 April 2003 ImmD-approved live-out exceptions are rare and tightly conditioned.) Verified — LD FDH FAQ Q3; Handy Guide §3.2; Practical Guide Q1.7; ImmD SEC Clause 3 notes.
2. Free suitable furnished accommodation + reasonable privacy (Clause 5(b) / Schedule Item 3A). You must provide suitable and furnished accommodation free of charge, with reasonable privacy. LD’s listed examples of unsuitable arrangements include: sleeping on made-do beds in the corridor with little privacy, and sharing a room with an adult or teenager of the opposite sex. On the ImmD application you undertake to meet this standard and must specify the arrangement in the SEC (e.g. separate room, or which household member shares). If you cannot prove suitable accommodation with reasonable privacy, ImmD may refuse the application. Verified — LD FDH FAQ Q3; Handy Guide §3.2.1; Employment handbook for FDHs §4.1.2; ImmD eligibility (decent accommodation and suitable privacy).
3. Essential facilities free of charge (Schedule Item 3B). Provide light and water supply, toilet and bathing facilities, bed, blankets or quilt, pillows, wardrobe, etc., free of charge. LD advises communicating with the helper and providing essential daily necessities. Also give sufficient space for storing personal belongings; do not inspect the helper’s personal belongings without consent. Verified — Handy Guide §3.2.2 and §4.8; Employment handbook for FDHs §4.1.3 and §5.2.2.
4. Food free of charge — or food allowance ≥ HK$1,236. Under Clause 5(b), provide food free of charge. If you do not provide free food, pay the food allowance specified in the SEC — currently not less than HK$1,236 per month for contracts signed on or after 3 October 2026 (unchanged in the Oct 2026 review). The SEC does not list exact menus; LD says in general at least three suitable meals (breakfast, lunch, dinner) a day. Discuss dietary needs candidly; keep receipts if you pay allowance. Verified — LD FDH FAQ Q21; Handy Guide §3.3.1; FDH Portal employer corner; GovHK hiring guide; ImmD SEC Clause 5(b) notes.
5. CCTV: open notice first; never film toilets, bathrooms, or the helper’s private rest area. LD accepts that some employers install CCTV for home safety and care of family members. If you do: clearly notify the helper in an open manner before the first monitoring activity; the system must not capture activities inside toilets, bathrooms, or private areas where the helper rests after work. Monitoring without the helper’s knowledge may contravene the Personal Data (Privacy) Ordinance. Follow PCPD’s leaflet Monitoring and Personal Data Privacy at Work: Points to Note for Employers of Domestic Helpers (necessity, reasonableness, openness; covert/pinhole use only as a last resort in narrow suspected-abuse cases). Verified — LD FDH FAQ Q29; Handy Guide §4.8; Employment handbook §5.2.2; PCPD DH leaflet.
6. Respect privacy beyond the room. As far as possible give the helper their own space; avoid interfering with private living space and with rest-time activities (e.g. social gatherings on rest days). Remind both sides that phones / social media must not publish household photos or videos without consent. Verified — Handy Guide §4.8.
7. If the flat or household changes: file ID 407G. Substantial changes to residence, number of household members served, accommodation/facilities, or domestic duties → inform the helper and ImmD, and submit a signed “Revised Schedule of Accommodation and Domestic Duties” (ID 407G) to ImmD for record. Verified — Handy Guide §3.2.3.

Accommodation & privacy hygiene checklist

• Helper lives only at the SEC address (live-in, including rest days / holidays / annual leave)
• Separate suitable space — not corridor / made-do bed; no opposite-sex adult/teen room-share
• SEC Schedule states the real arrangement (own room or named sharer)
• Essential facilities free: light, water, toilet/bath, bed, bedding, pillows, wardrobe + storage
• Food free (≥ ~3 suitable meals/day) or food allowance ≥ HK$1,236/month
• Do not inspect personal belongings without consent
• If CCTV: open notice before first use; no cameras in toilets, bathrooms, or helper’s private rest area
• ID 407G filed if residence / household / facilities / duties change substantially

Sources

• Verified — LD FDH FAQ (Q3 live-in + unsuitable accommodation examples; Q21 food; Q29 CCTV). Checked 20 Oct 2026.
• Verified — LD Handy Guide for Employers of FDHs (2026) (§3.2 live-in / Item 3A–3B / ID 407G; §3.3.1 food; §4.8 respect privacy + CCTV)
• Verified — LD Employment handbook for FDHs (2026) (§4.1 accommodation & facilities; §5.2.2 right to privacy / CCTV)
• Verified — Practical Guide for Employment of FDHs (Q1.7 live-in + free accommodation per Schedule; food on arrival)
• Verified — LD FDH Portal — employer corner (food allowance HK$1,236; live-in note)
• Verified — GovHK — Hiring FDHs (suitable accommodation + reasonable privacy; food allowance HK$1,236 from 3 Oct 2026)
• Verified — GovHK press release 2 Oct 2026 (food allowance remains ≥ HK$1,236)
• Verified — ImmD — SEC terms (Clause 3 live-in; Clause 5(b) food allowance)
• Verified — ImmD FDH FAQ (eligibility: decent accommodation and suitable privacy; Q31 live-in)
• Verified — PCPD — Monitoring and Personal Data Privacy at Work: Points to Note for Employers of Domestic Helpers (cited by LD FAQ Q29 / Handy Guide §4.8)

FAQ