Filipina wins landmark Hong Kong residency case
Agence France-Presse, Associated Press
Eman C. Villanueva, second right, secretary general of the United Filipinos in Hong Kong, and other supporters of the Filipino migrants organizations flash victory signs outside High Court in Hong Kong Friday. AP
HONG KONG—A Filipino maid in Hong Kong won the opening legal battle Friday in her fight for permanent residency after a court ruled an immigration provision excluding the city’s hundreds of thousands of foreign maids was unconstitutional.
The legal action, brought by Evangeline Banao Vallejos, who has lived in Hong Kong since 1986, has cast a spotlight on the financial hub’s treatment of its army of 292,000 maids, most of whom are from the Philippines or Indonesia.
The High Court ruled that the immigration provision denying the maids the right to gain permanent residency after seven years — as other foreign residents can — was inconsistent with the Basic Law, Hong Kong’s mini-constitution.
“My conclusion is that on the common law interpretation approach the impugned provision is inconsistent with (Hong Kong’s Basic Law),” Judge Johnson Lam wrote in a ruling issued Friday.
Lam rejected arguments by Hong Kong government lawyers that the maids did not have the same residency status as other foreign residents.
“The mere maintenance of (a) link with her country of origin does not mean that (a maid) is not ordinarily resident in Hong Kong.”
The government is likely to appeal Friday’s ruling.
The case was launched by Vallejos, a longtime foreign domestic helper, who sought a judicial review after her bid for permanent residency was rejected.
Vallejos’s lawyer Mark Daly hailed the decision as “a good win for the rule of law.”
“To be clear, Ms Vallejos won on the unconstitutionality of the provisions,” said Daly, one of the lawyers handling her case.
“We spoke to Vallejos—she said she thanks God and all the people who have helped her, including her employer and her lawyers,” he said. “She is busy working so she has no time to be here today.”
The case has divided opinion in Hong Kong, with some arguing that immigration provisions barring maids from applying amounts to ethnic discrimination.
Activists said the legal challenge would entrench domestic workers’ right to equality, but opponents fear it will open the floodgates to new immigrants, which would put a strain on the city’s resources.
A pro-government political party has warned there would be an influx of as many as 500,000 people — including children and spouses of foreign maids — that would cost HK$25 billion ($3.2 billion) in social welfare spending.
The Democratic Alliance for the Betterment and Progress of Hong Kong forecast unemployment could jump from the current 3.5 percent to 10 percent.
The government has declined to say how many maids would currently be eligible to apply for permanent residency.
Under Hong Kong law, foreigners can apply to settle in the city after seven years of uninterrupted residency, but maids were specifically excluded.
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.
Another court hearing will be held on October 26 on whether Vallejos can now be declared a permanent resident, but government lawyers have already said they would appeal any ruling in favor of the maids.
The case could also have implications beyond Hong Kong for other Asian economies that rely on cheap imported labor 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 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.
Daly said he expected the government to appeal within the 28-day deadline.
About 290,000 of Hong Kong’s 7.1 million people are foreign maids.
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