SFGate
Sept. 30 (Bloomberg) -- Hong Kong's High Court ruled a law preventing the city's 300,000 foreign maids from gaining permanent residency is unconstitutional, handing a landmark victory to a Philippine worker whose case polarized public opinion over the rights of domestic helpers.
--With reporting by Frederik Balfour in Hong Kong and Cecilia Yap in the Manila. Editors: Tan Hwee Ann, Peter Hirschberg.
To contact the reporters on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net; Sophie Leung in Hong Kong at sleung59@bloomberg.net
To contact the editor responsible for this story: Douglas Wong at dwong19@bloomberg.net
Friday, September 30, 2011
Sept. 30 (Bloomberg) -- Hong Kong's High Court ruled a law preventing the city's 300,000 foreign maids from gaining permanent residency is unconstitutional, handing a landmark victory to a Philippine worker whose case polarized public opinion over the rights of domestic helpers.
Evangeline Banao Vallejos, who has lived in Hong Kong for 25 years, challenged the rejection of her application, asking the court why expatriates such as bankers and cooks could apply for permanent residency after living in the city continuously for seven years. Judge Johnson Lam ruled in her favor today.
Vallejos's victory, if not overturned on appeal, could open the door for Hong Kong's foreign maids, who constitute about 4 percent of the population, to apply for permanent-resident status after seven years. At least three political parties said an influx would strain the Chinese city's health care, public housing and education resources.
"We are disappointed at today's judgment," said Joseph Law, chairman of the Employers of Domestic Helpers Association in Hong Kong. "We can't accommodate such a sudden influx of population as this would impose a profound strain on our resources."
The ruling comes as Hong Kong suffered its first economic contraction since 2009 in the second quarter. Households are also squeezed by higher food and rent prices, with inflation up 5.7 percent in August.
Basic Law
Judge Lam ruled the immigration law that bars foreign domestic helpers from eligibility for permanent residency "derogates" the meaning of the Basic Law. The Basic Law is the de-facto constitution that Hong Kong adopted after the British handed the city of 7.1 million residents back to China.
Imported domestic helpers are required to live with their employers and aren't allowed to accept other jobs. In 2004, maids contributed HK$13.8 billion ($1.8 billion) to the economy, or one percent of Hong Kong's output that year, according to a report by the Asian Migrant Centre, a non-governmental organization. The law mandates a minimum wage of HK$3,740 ($480) a month.
The Hong Kong government plans to appeal against the ruling, Ambrose Lee, the secretary for security, told reporters today.
Legal Right
A Hong Kong permanent resident has a legal right to live in the city without a visa, and take any job that is offered, study, or establish a business. The resident has access to benefits such as public housing and social security, and can vote.
"This could lead to enormous pressure on our medical, educational and welfare system, imposing social and economic problems," said Paul Tse, a lawmaker for the tourism industry.
Still, applications have to be approved by the immigration department and the maids will need to show they treat Hong Kong as their only permanent place of abode, said Eric Cheung, assistant professor in law at the University of Hong Kong.
"There won't be a large number affected" because permanent residency after seven years is not automatic, said Margaret Ng, a lawmaker. "They will be the exception rather than the rule."
Government lawyer David Pannick argued that Hong Kong's Basic Law allows lawmakers to determine the status of foreign residents and that the maid wasn't eligible to apply.
The special administrative region was guaranteed an independent judiciary for 50 years under the "one country, two systems" framework following the handover in 1997.
Beijing Interpretation
Hong Kong's Liberal Party and the leader for New People's Party, Regina Ip, have previously called on the government to consider seeking an interpretation of the Basic Law by China's Standing Committee of the National People's Congress over Vallejos' case.
"The ruling seemingly will have a huge impact on Hong Kong, as many are worried that this would suddenly open the door to many foreigners," said Cheung at the University of Hong Kong. "My concern is that such worries are overplayed to pave the way for the government to seek interpretation from Beijing, which would seriously undermine our judicial autonomy and independence."
The rights of immigrants have been challenged before, and Beijing has overturned decisions taken by the Hong Kong court. In 1999 the Court of Final Appeal ruled that mainlanders did not need China's permission to enter Hong Kong as permanent residents, a decision that was reversed by the Standing Committee of the National People's Congress in an interpretation of the Basic Law.
The case is Vallejos Evangeline Banao and Commissioner of Registration, HCAL124/2010 in Hong Kong's Court of First Instance.
--With reporting by Frederik Balfour in Hong Kong and Cecilia Yap in the Manila. Editors: Tan Hwee Ann, Peter Hirschberg.
To contact the reporters on this story: Debra Mao in Hong Kong at dmao5@bloomberg.net; Sophie Leung in Hong Kong at sleung59@bloomberg.net
To contact the editor responsible for this story: Douglas Wong at dwong19@bloomberg.net
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