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Hong Kong government wins appeal in maid residency case | Hong Kong government wins appeal in maid residency case |
(about 1 hour later) | |
The Hong Kong government has won an appeal against a ruling that could have allowed foreign domestic helpers to apply for residency in the city. | The Hong Kong government has won an appeal against a ruling that could have allowed foreign domestic helpers to apply for residency in the city. |
In September, the High Court said excluding maids from a rule allowing foreigners to settle in the city after seven years was unconstitutional. | In September, the High Court said excluding maids from a rule allowing foreigners to settle in the city after seven years was unconstitutional. |
The government appealed, fearing the ruling could lead to more than 100,000 foreign maids winning residency rights. | The government appealed, fearing the ruling could lead to more than 100,000 foreign maids winning residency rights. |
The case centred on Evangeline Banao Vallejos, a maid from the Philippines. | The case centred on Evangeline Banao Vallejos, a maid from the Philippines. |
The Court of Appeal said in its 66-page ruling that "it must be up to the sovereign authority to decide the extent to which the status of permanent resident should be conceded to foreign nationals". | The Court of Appeal said in its 66-page ruling that "it must be up to the sovereign authority to decide the extent to which the status of permanent resident should be conceded to foreign nationals". |
Mark Daly, the lawyer representing Ms Vallejos, said it was "highly likely" that they would appeal the decision in Hong Kong's highest court, the Court of Final Appeal. | Mark Daly, the lawyer representing Ms Vallejos, said it was "highly likely" that they would appeal the decision in Hong Kong's highest court, the Court of Final Appeal. |
"There are strict issues of law but there are also issues of principle. We think we can win on both," Mr Daly told BBC News. | "There are strict issues of law but there are also issues of principle. We think we can win on both," Mr Daly told BBC News. |
"Ms Vallejos is the type of person Hong Kong should be proud to have," he added. | "Ms Vallejos is the type of person Hong Kong should be proud to have," he added. |
Ms Vallejos has lived in Hong Kong since 1986, working for the same family. | Ms Vallejos has lived in Hong Kong since 1986, working for the same family. |
Protests | Protests |
After the initial ruling, thousands of Hong Kong citizens marched to protest against the strain granting residency to maids could place on public services and the job market. | After the initial ruling, thousands of Hong Kong citizens marched to protest against the strain granting residency to maids could place on public services and the job market. |
The government had estimated that 125,00 helpers would be eligible to apply for abode, and if each had a spouse and two children, that number of potential new residents could reach 500,000. | The government had estimated that 125,00 helpers would be eligible to apply for abode, and if each had a spouse and two children, that number of potential new residents could reach 500,000. |
But groups advocating on behalf of domestic workers accused the government of scare-mongering. | But groups advocating on behalf of domestic workers accused the government of scare-mongering. |
Delores Balladares from the Asian Migrants Co-ordinating Body, which represents domestic helpers' interests, said they were very disappointed by the decision. | Delores Balladares from the Asian Migrants Co-ordinating Body, which represents domestic helpers' interests, said they were very disappointed by the decision. |
"It legalises discrimination against migrant workers," she told BBC News. | "It legalises discrimination against migrant workers," she told BBC News. |
The case had sparked widespread debate about the rights and working conditions of Hong Kong's 300,000 domestic workers, who mainly come from the Philippines and Indonesia. | The case had sparked widespread debate about the rights and working conditions of Hong Kong's 300,000 domestic workers, who mainly come from the Philippines and Indonesia. |
Not just a luxury for wealthy families, they are a mainstay of Hong Kong family life and allow many middle-class mothers to work outside home. | Not just a luxury for wealthy families, they are a mainstay of Hong Kong family life and allow many middle-class mothers to work outside home. |
Hong Kong's foreign maids fare better than domestic workers elsewhere in Asia, with a guaranteed minimum wage, statutory holidays and annual paid leave. | Hong Kong's foreign maids fare better than domestic workers elsewhere in Asia, with a guaranteed minimum wage, statutory holidays and annual paid leave. |
But their lack of residency rights means that if they leave an employer, they only have two weeks to find a new job otherwise they must return home. | But their lack of residency rights means that if they leave an employer, they only have two weeks to find a new job otherwise they must return home. |
Are you in Hong Kong? Should foreign maids be allowed to settle in the city after seven years? Send us your comments using the form below. |