hehehe. Thanks to one filipina domestic helper fighting discrimination...


Maids win right to apply for HK residency | ABS-CBN News | Latest Philippine Headlines, Breaking News, Video, Analysis, Features
Agence France-Presse
Posted at 09/30/2011 11:34 AM | Updated as of 09/30/2011 11:38 AM


HONG KONG - A Hong Kong court Friday ruled a law banning foreign maids from settling permanently in the city was unconstitutional, in a landmark case for the city's domestic helpers.

The High Court said immigration laws barring maids from applying for permanent residency violated Hong Kong's mini-constitution, known as the Basic Law.

Activists said the legal challenge – the first of its kind in Asia – would entrench domestic workers’ right to equality, but opponents fear it wouldopen the floodgates to the immigration of tens of thousands.

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 292,000 domestic helpers.

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.

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.