Update: Foreign maids win landmark Hong Kong residency case
“The mere maintenance of link with her country of origin does not mean that (a maid) is not ordinarily resident in Hong Kong.”
A Hong Kong court ruled Friday that a law banning foreign maids from permanent residency in the city is unconstitutional, in a landmark case that could pave the way for a flood of applications.
The legal action brought by Evangeline Banao Vallejos, a Filipino domestic helper who has lived in Hong Kong since 1986, has cast a spotlight on the financial hub’s treatment of its army of 292,000 domestic workers.
The High Court ruled that immigration laws barring domestic workers – mostly from the Philippines and Indonesia – from settling permanently violated Hong Kong’s mini-constitution, known as the Basic Law.
“The mere maintenance of link with her country of origin does not mean that (a maid) is not ordinarily resident in Hong Kong,” Judge Johnson Lam wrote in a 78-page judgement.
Under Hong Kong law, foreigners can apply to settle in the city after seven years of uninterrupted residency, but maids were specifically excluded.
Ms Vallejos challenged the restriction, saying it was unconstitutional and discriminatory, but the government argued in court it was “appropriate” and that it is empowered to define who is eligible for residency.
“I am disappointed, but we are fully prepared for any court ruling,” Hong Kong’s chief executive Donald Tsang said in a brief reaction, adding that the immigration authorities are studying the decision.
The government has previously indicated it would appeal any ruling in favour of domestic workers.
Ms Vallejos’ lawyer Mark Daly lauded the High Court’s decision as “a good win for the rule of law”, and that Ms Vallejos “thanks God and all the people who have helped her, including her employer and her lawyers”.
“She is busy working so she has no time to be here today,” he added.
The governments of the Philippines and Indonesia applauded the decision as a welcome recognition of the contribution of their citizens, millions of whom work abroad.
“We hope that this decision is seen as a benchmark and that other countries do the same,” Gusti Made Arka, Indonesia’s labour ministry director-general of workers abroad, told AFP.
Philippine Vice President Jejomar Binay said it was an important step forward in enshrining migrants’ rights.
Critics of the legal action have said it will open the floodgates to new immigrants in an already overcrowded and expensive city.
A pro-government political party has warned the decision could see an influx of as many as 500,000 people – including children and spouses of foreign maids – that would cost billions of dollars in social welfare spending.
Immigration authorities have declined to say how many maids would be eligible to apply for permanent residency.
Outside the High Court, supporters of the legal action duelled with groups opposing maids’ residency rights, in an angry protest involving several dozen people.
“Hong Kong is for Hong Kong people, please go back,” the critics chanted.
“We are sad, angry and disappointed. A huge number of the domestic workers are going to migrate to the city and it will strain our resources,” said Jeff Lam, spokesman for Hong Kong Social Concern Group.
Friday’s ruling could have implications beyond Hong Kong for other Asian economies that rely on cheap imported labour for cooking, cleaning and care of the young and elderly.
Foreign maids in Hong Kong are entitled to better working conditions than in other parts of Asia – they are guaranteed one day off a week, paid sick leave, and a minimum wage of HK3,740 ($480) a month.
But rights groups say they still face general discrimination and a lack of legal protection. A maid’s visa is tied to a specific employer, leaving her vulnerable, the activists say.
Another court hearing will be held on Oct 26 on whether Vallejos can now be declared a permanent resident. Agence France-Presse
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Earlier: Hong Kong to rule on maids residency next month
A Hong Kong court will rule next month whether foreign maids are allowed to settle permanently in the city, it said Wednesday as the hearing into a landmark and controversial case wrapped up.
The action by Evangeline Banao Vallejos, a Philippine domestic helper who has lived in Hong Kong since 1986 but was denied permanent residency, has cast a spotlight on the financial hub’s treatment of its army of foreign maids.
High Court judge Johnson Lam reserved judgement after a two-and-a-half day hearing and said he will deliver a decision by the end of September, with an exact date yet to be fixed, Ms Vallejos’ lawyer Peter Barnes told AFP.
The ruling will be crucial as Ms Vallejos’ legal battle is the first of five launched by Filipinos – the other being a couple, and a mother and son – who have filed similar lawsuits, due to be heard in October.
The case has sparked frenzied debate in the southern Chinese city – one of the most vibrant economies in the Asia-Pacific region – on equal treatment for the foreign domestic helpers who play a key role in many households.
Under Hong Kong’s Basic Law, or mini-constitution, foreigners can apply to live there permanently after seven years of uninterrupted residency – but the city’s 292,000 domestic workers are specifically excluded from that right.
Ms Vallejos challenged the restriction, saying it was unconstitutional and discriminatory, but the government argued in court that it was “appropriate” and it is empowered to define who is eligible for residency.
Activists say a successful legal challenge – the first of its kind in Asia – would entrench domestic workers’ right to equality, but opponents fear it would open floodgates to the immigration of thousands of foreign maids.
The case could have implications beyond Hong Kong for other Asian economies that rely heavily on cheap imported labour for cooking, cleaning and looking after children, in order to allow women to join the local workforce.
Foreign maids in Hong Kong are entitled to better working conditions than in other parts of Asia – they are guaranteed one day off a week, paid sick leave, and a minimum wage of HK3,740 (US$480) a month.
But rights groups say they still face general discrimination and a lack of legal protection. A maid’s visa is tied to a specific employer, leaving her vulnerable to domestic abuse, the activists say.
Without the right to permanent residency, if dismissed by her employer she must find another job in domestic service or leave Hong Kong within two weeks. Agence France-Presse
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Earlier: Hong Kong says ‘appropriate’ to deny maids residency
A Hong Kong court heard Tuesday that restrictions barring foreign maids from settling permanently in the city were legitimate, in a landmark case which has sparked debate on equal treatment.
The case of Evangeline Banao Vallejos, a Philippine domestic helper who has lived in Hong Kong since 1986 but was denied permanent residency, has cast a spotlight on the financial hub’s treatment of its army of foreign maids.
Under Hong Kong’s Basic Law, or mini-constitution, foreigners can apply to live there permanently after seven years of uninterrupted residency – but the city’s 292,000 domestic workers are specifically excluded from that right.
Ms Vallejos challenged the restriction, saying it was unconstitutional and discriminatory, but government lawyers told the High Court that the Basic Law allowed the policy.
This is an appropriate immigration policy for the Hong Kong government to adopt,” David Pannick said, adding that the city’s government was allowed to use a “more flexible approach” to define who is eligible for residency.
Activists say a successful legal challenge – the first of its kind in Asia – would entrench domestic workers’ right to equality, but opponents fear it would open floodgates to the immigration of thousands of foreign domestic workers.
The case could have implications beyond Hong Kong for other Asian economies that rely heavily on cheap imported labour for cooking, cleaning and looking after children, in order to allow women to join the local workforce.
In her submission, Ms Vallejos’ counsel said domestic helpers should not be differentiated from other workers as they have entered Hong Kong legally and can renew their contract, just like other foreign workers.
“There is nothing that renders their residency so extraordinary,” lawyer Gladys Li said, before the hearing was adjourned until Wednesday, when the case is expected to conclude.
Foreign maids in Hong Kong are entitled to better working conditions than in other parts of Asia – they are guaranteed one day off a week, paid sick leave, and a minimum wage of US$480 (Php20,400) a month.
But rights groups say they still face general discrimination and a lack of legal protection. A maid’s visa is tied to a specific employer, leaving her vulnerable to domestic abuse, the activists say.
And without the right to permanent residency, she must find another job in domestic service or leave Hong Kong within two weeks if let go by her employer.
Ms Vallejos’ case is the first of five launched by Filipinas who have filed similar lawsuits. The other cases are due to be heard in October. Agence France-Presse
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Earlier: Filipino maid seeks court HK court ruling for equal rights to residence
Hong Kong’s policy of denying permanent-residence rights to foreign maids is being challenged as unconstitutional, stoking public debate over ethnic discrimination in the Chinese city.
Evangeline Banao Vallejos, a domestic helper from the Philippines who has lived in Hong Kong since 1986, has asked the Court of First Instance to rule that an immigration law, which deems imported domestic helpers ineligible for rights such as voting and setting up a business, contradicts Hong Kong’s constitution, the Basic Law.
The Basic Law allows non-Chinese people to apply for permanent residence after living in the special administrative region continuously for seven years. At least three political parties in Hong Kong have said equal-residence rights for the city’s domestic helpers would strain health care, education and public housing resources.
“Certainly the Basic Law is being tested here,” Peter Barnes, a lawyer representing Ms Vallejos, said in a telephone interview last week. “If the words of a constitution don’t have meaning other than what you say it means, what’s the point of having a constitution?”
A tribunal last year dismissed Ms Vallejos’ appeal against a government decision denying her permanent-resident status and said the constitution allows for laws that exclude maids and other classes of workers from its provisions, according to her court filing.
Independent Judiciary Secretary for Justice Wong Yan Lung, in an Aug 17 press statement, urged the public to avoid as far as possible making comments which might prejudice the court’s decision. The public will be fully informed of the government’s stance at the hearing, Mr Wong said.
Imported domestic helpers in Hong Kong are required to live with their employers and aren’t allowed to accept other jobs. In 2004, the maids contributed HK$13.8 billion (Php75 billion) to Hong Kong’s economy, or 1 percent of the territory’s total economic output that year, according to a report by the Asian Migrant Centre, a non-governmental organisation.
“They released a lot of the local female labour force into the market and enabled them to take jobs,” Liu Pak Wai, an economics professor at The Chinese University of Hong Kong, said in a telephone interview.
Hong Kong began allowing locals to hire domestic help from abroad in the 1970s. The population of imported help grew from 881 in 1974 to 70,335 in 1990, the government said in court filings.
Mr Liu said the foreign workers now comprise some 300,000 of the city’s 7.1 million residents, their numbers buoyed by strong demand from middle-class Hong Kong families.
Ethnic tensions between the local population and the foreign help flared a year ago after eight Hong Kong tourists were killed by a hostage-taker in Manila.
The Philippine government appealed to the Hong Kong people to refrain from taking out their anger against Filipinos in the city, while tens of thousands of Hong Kong residents participated in a march to demand a thorough investigation in the Southeast Asian country.
In 2003, over 10,000 foreign maids marched against the Hong Kong government’s decision to cut their minimum wage while levying a tax on their employers. Then-Philippine president Gloria Arroyo imposed a temporary freeze on approvals for Filipinos to work in Hong Kong in protest.
Social commentators and academics have criticised comments by the Liberal Party and New People’s Party leader Regina Ip, who called on the government to consider seeking an interpretation of the Basic Law by China’s Standing Committee of the National People’s Congress.
Hong Kong’s population is 95 percent ethnic Chinese, according to the most recent census data from 2006.
Fernando Cheung, a lecturer at Hong Kong Polytechnic University, wrote in the South China Morning Post on Aug 18 that the Hong Kong people should remember the discrimination suffered by the Chinese population in the United States under the Chinese Exclusion Act of 1882. The law, which stood for 61 years, restricted immigration and prohibited Chinese from becoming US citizens.
Mr Wong urged the public to refrain from making inflammatory comments. People should “show the greatest respect to our Court and our legal system, and to avoid as far as possible making any comments which might prejudice or affect the Court’s adjudication of the case”, he said in the statement.
The special administrative region was guaranteed an independent judiciary for 50 years under the “one country, two systems” framework following the handover from British to Chinese rule in 1997. Bloomberg
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