The Burning Issue: Domestic Helpers
One of the most polarising topics in Hong Kong will finally reach the courts this month. Shirley Zhao speaks to the people involved.
In an ageing society, fresh blood is always welcomed. But in Hong Kong – one of the most densely populated cities in the world – it is a different story. From the government to the media to ordinary Hongkongers, warning signs have been made that very soon there could be an extra 125,000 permanent citizens in the city overnight.
Three groups of Filipino domestic helpers (a total of five people) applied in December last year for a judicial review of the Immigration Ordinance that forbids them the right to Hong Kong’s permanent residency, even though they have lived in the city for more than seven years. There are currently almost 300,000 foreign domestic helpers in Hong Kong, of which 125,000 have lived here for over seven years. If the applicants win, the city could see a drastic spike in population.
Political groups have already reacted strongly to the news. The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) claims that unemployment would rocket and that the government would have to build dozens of housing estates to counter the ‘floodgate effect’. Many are now looking towards the Basic Law to see if the phrase ‘ordinarily resided’ could be reinterpreted.
The case of applicant Evangeline Banao Vallejos will be heard on August 22 and August 23. The case of applicants Daniel Domingo and his wife Irene Raboy Domingo will be heard on October 18, and the case of applicants Josephine Gutierrez and her son Joseph Gutierrez will be heard on October 26. Hong Kong’s media is watching closely.
According to Mark Daly, one of the applicants’ lawyers, each meets the requirements of the Basic Law for permanent residency, having ordinarily resided in Hong Kong for more than seven years and having taken the city as their place of permanent residence.
According to Daly, Vallejos has been in Hong Kong for 25 years, working for the same employer as a domestic helper. She does not remit money to her family in the Philippines, who are financially independent. Daniel and Irene Domingo have been in Hong Kong for 24 and 29 years respectively. They were domestic helpers until 2007, when they were granted unconditional stay, meaning they do not have restrictions on employment but do not have the rights attached to permanent residency (such as the right to vote and the right not to be removed). All three of their children were born in Hong Kong and have the right of permanent residency. Finally, Gutierrez has been living and working in Hong Kong as a domestic helper for 20 years. Her son was born and grew up here, and is attending secondary school in the city on a student visa.
But a provision of the Immigration Ordinance demands that foreign domestic helpers should not be treated as ordinary residents no matter how long they have been in Hong Kong. Daly says the provision is ‘unconstitutional’.
The prospect of 125,000 foreign domestic helpers becoming Hong Kong’s permanent residents has worried many people. Legislative Councillor Paul Tse Wai-chun started a Facebook campaign against the right of permanent residency for foreign domestic helpers earlier this month. As of July 29, his Facebook page has attracted 3,237 people supporting his cause.
Tse, who is also a solicitor, argues that most foreign domestic helpers have family members overseas and transmit their earnings to support them; therefore they don’t intend to take Hong Kong as the place of permanent residence, which is against the requirements of the Basic Law.
Tse told Time Out that he started his campaign to let more people know about the issue ‘before it is too late’.
“It’s unacceptable that so many foreign domestic helpers could become Hong Kong permanent residents [all] at once,” he says. “It could spawn a lot of problems that our society is not able to afford.”
According to Tse, if foreign domestic helpers become Hong Kong permanent residents then many would sponsor their family members to come to the city, thereby vastly increasing the population. Many Hong Kong families might lose their domestic helpers because they would be able to look for whatever jobs they pleased as permanent residents, and subsequently they could threaten a large number of job seekers because many domestic helpers ‘have been to college’ and are ‘more fluent in English’. The social welfare system would face a huge challenge, says Tse, and public housing policies would slow down dramatically. The DAB claims HK$25 billion would be needed in social welfare.
Countering Tse’s grim picture, Fish Ip Pui-yu, organising secretary of the Hong Kong Federation of Asian Domestic Workers Unions, argues that given the city’s ageing population and low birth rate, more permanent residents could actually improve the population structure and make a greater contribution towards Hong Kong’s society.
“We give [the applicants of the judicial review] our 100 percent support,” says Ip. “It is just not fair that any other foreigner can become a permanent resident after seven years while foreign domestic helpers cannot. It is discrimination of migrant workers and women, since most of them are women.”
Sheilla Esdrade, a Filipino who has worked in Hong Kong as a domestic helper for 24 years, is upset about the fact that she does not have the right to become a permanent resident. “If the government doesn’t want more people, then don’t let anyone have permanent residency here,” says Esdrade. “If others can become Hong Kong permanent residents, how come we cannot? We have made contributions to Hong Kong. We deserve the right.”
Esdrade told Time Out that if she became a permanent resident she would look for other jobs with a higher salary, and believes many other helpers would do likewise.
Tse proposed an ‘application selection scheme’ regarding the permanent residency for foreign domestic helpers, whereby those who have been in Hong Kong for more than seven years could submit their applications and then officials could make selections according to the applicants’ qualifications.
“There should be a process for them to become Hong Kong’s permanent residents,” he says, “instead of forcing the society to take in all of them at once.”
Awaiting the result of the judicial review, Joe Leung Cho-bun, a social administration professor at the University of Hong Kong, says if the government lost it would probably appeal. If it lost again, it would turn to the interpretation of the Basic Law by the Standing Committee of the National People’s Congress; or it could stop letting foreign domestic helpers stay in Hong Kong for more than seven years.
Fish Ip Pui-yu, meanwhile, remains confident. “On law or on sympathy [the domestic helpers] should win,” Ip says. “If they lost, it could only be due to politics. The interpretation by the Standing Committee would be worse. By so doing, we would sacrifice human rights and our judicial independence.”
Mark Daly suggested that both sides would likely take further legal action. “Win or lose, appeals are likely,” he adds.
12 Comments Add your comment
I don't mind HK is one step closer to achieve the name of being an international city with different varieties of people, but the reality is HK is so small and there are mainlanders and other immigrants coming everyday, it is obvious Hong Kong is over crowded and is soon going to sink faster than Maldives . And of course, think about the Sunday scene in Statue Square is making into 7 days a week. it is just epic.
Thanks, Georgie, for your comment. I just think everyone should be treated equally. Hope my stories can inspire more discussions. Contact me directly at shirleyreporter@gmail.com
It is exploitive and shameful to deny domestic workers the right to permanent residence- the notion that these hard-working, sacrificing people would turn around and go on the dole or sponsor their extended family to come to Hong Kong and become a drain on social resources is simply wrong and an example of the willful ignorance some display towards an under-appreciated segment of Hong Kong society. Shame on Paul Tse for his contemptuous views of domestic workers. What a person does with their income- whether they remit it to family overseas or invest it in a hedge fund- is a person's right that cannot be interfered with or interpreted to reflect their right- or lack of it- to permanent residency.
Thanks for your opinion, Sean! What you said can't be truer, but when personal interests come into the picture, things become complicated.
I find the article well written and balanced and of course I agree that foreign domestic helpers should be treated fairly according to the basic law as it applys to all others. Thank you shirley and sean for your comments. I have also started a fb group in support of the right of abode for foreign domestic workers in hong kong . It would be a pleasure to see you join it :) http://www.facebook.com/groups/HongKongDomestiHelpers/
Statement of the AMCB on the issue of Right of Abode for Qualified Foreign Domestic Workers by Eman Villanueva on Thursday, August 4, 2011 at 5:22am Statement of the Asian Migrants' Coordinating Body (AMCB) on the issue of Right of Abode for Qualified Foreign Domestic Workers 4 August 2011 Uphold the rights of migrant workers Condemn racial hatred, discrimination and xenophobia To fight for the right of abode is to fight against discrimination and social exclusion. Foreign domestic workers in Hong Kong have long been denied of this right. Even if the Basic Law does not exclude foreign maids from seeking permanent residency, Hong Kong’s immigration policies have circumvented this basic right to prevent FDWs from obtaining the right of abode. The Hong Kong government prides itself for upholding the rule of law. Obviously for the government, this does not apply to the rights of FDWs. The denial of right of abode to FDWs also transgresses international conventions that seek equality of treatment regardless of race, gender or social standing. Agreements such as the Universal Declaration for Human Rights, International Convention for the Protection of the Rights of Migrant Workers and Their Families, Convention for the Elimination of Racial Discrimination, Conventional for the Elimination of Discrimination Against Women are just some of the human rights standards that are violated with the continued denial of right of abode to FDWs. Social exclusion and discrimination are social sicknesses that stem from and reinforced by government policies. FDWs have been, for long, at the receiving end of this disease as shown by the exclusion of FDWs from the Statutory Minimum Wage, the New Conditions of Stay We condemn the politicians and parties who paint doomsday scenarios if the right of abode is applied to FDWs who seek such. How can upholding this right be destructive to Hong Kong when a just society can only be built and really prosper when the collective rights of people – enshrined in national laws such as the Basic Law and international human rights agreements – are respected? FDWs are productive parts of the HK society. We contribute to the economic, social, cultural and political development in Hong Kong. We are not parasites who drain resources and burdens Hong Kong. We earn our keep and we are integral part of Hong Kong households and the general society. The false and exaggerated statistics of FDWs and families ‘flooding’ Hong Kong are but baseless assumptions that only fan xenophobia and racial hatred. It is not FDWs getting permanent residency that should be feared, but the chaos that may arise from the provocative statements issued by some politicians and the Hong Kong government itself. In these times, some of the most hateful of crimes – such as the recent terror attack in Norway – have been committed under the ideology of racism and xenophobia against migrants and immigrants. Migrant workers have shown our solidarity to the people of Hong Kong. In times of crisis, migrants joined actions to call for meaningful reforms that will benefit all people in Hong Kong. When the August 23 hostage tragedy happened in Manila, migrant workers were some of the first to condemn what happened, condoled with the families of victims, and called for justice. We condemn those who create racial hatred among the people. Such ideology makes it appear acceptable to treat FDWs as second- or even third-class citizens of Hong Kong. It makes it appear permissible to commit various kinds of abuses to foreign maids. It makes it appear natural to reduce FDWs to modern-day slaves and creates the thinking that the rights of migrants can be selectively given or arbitrarily denied. At the core of the issue of allowing qualified FDWs to get the Right of Abode is the struggle against discrimination of migrant workers. We stand by the rights of migrants. We appreciate the pro-migrant politicians, local groups and individuals who have expressed their support to uphold non-discrimination and human rights and resist attempts for the discrimination of FDWs to persist in Hong Kong society. AMCB will continue to stand for the rights of migrants and the people. Only if the people’s rights – all of the people in Hong Kong – are respected can Hong Kong be a humane society.# ************************************************ Asian Migrants' Coordinating Body (AMCB) c/o APMM, No. 2 Jordan Road, Kowloon, Hong Kong SAR Tel no(s): (852) 3156-2447, 2314-7316 Fax no: (852) 2735-4559 E-mail: amcb.hk@gmail.com Members: Association of Sri Lankans in Hong Kong (ASL-HK) Asosiasi Tenaga Kerja Indonesia di Hong Kong (ATKI-HK) (Association of Indonesian Migrant Workers in Hong Kong) Far-East Overseas Nepalese Association - Hong Kong (FEONA-HK) Filipino Migrant Workers' Union (FMWU-HKCTU) Friends of Thai - Hong Kong (FOT-HK) Overseas Nepali Workers' Union (ONWU) Thai Regional Alliance (TRA-HK) United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)
I agree that everyone shall be treated equally, but the point is does HK have the ability and capacity to welcome 125,000 people over night, I mean just like minimum wages, yes it helps people to get their pay raised, bt wt's next? people get fired, the part time workers get their working hours cut off. I mean, iof course it is very right for these 125,000 people to stay, but it may ,in return, the society reaction will be the employer fire the domestic helper after 6 years and 11 months ? I mean , for real , Hong Kong 's welfare isn't ready for this numbers of potential new immigrants. I mean HK has its own problem on housing supply, i mean it is not personal flavour or benefits, but it is just reality. And it just always not the one we would like to see.
**every right
Dear Domestic Helper and Georgie, you both get your points here. I'm so happy to see you really consider this issue and share your views. Discussions and debates are the best way that we understand one another.
George , while i feel your concern and fears please consider that it will not be an addition of 125k residents, but only the recognition of these people who have already resided in hong kong for ages. This wont change the population of HK a bit. The Hong Kong government is already thinking of limiting contract of dh workers for 6 years ( two renewals) in order to limit further permanent immigration. However, the domestic helpers who have already lived contiguously in HK for over the 7 years prescribed by the basic law are deserving of permanent residents status, and anything less would be discriminatory. Doing the right thing might involve some pain, certainly not the amount of pain that the government would have us believe in their alarmist proclamations, but consider this also; there is no growth without some pain. Is Hong Kong to grow into a more egalitarian society, at the cost of a little sacrifice, or is to avoid any sacrifice in the name of short term selfishish interests, and at the expense of the weak continuously being discriminated? Which coice leads to the moral and natural progression of a developed society and which holds that society back tied to practices which are morally unacceptable, for the sake of comfort.
In case the DHs win , Immig.(Govt of HKSAR) must scrutinise their papers example birth certificate or in case of Marriage Contract (if and when required) with the National Statistics Office, Manila thru Philippine Consulate General, Hong Kong if the informations therein are correct and genuine. (Final responsibility of such verification should be borne by PhilConGen HK) I am sure Immig. is aware of this. For your info; as I have heard many of the DHs when they go overseas to work as DHs (including HK) they show in the papers that they are single though they are married in Phllippines or where ever they come from hoping they marry a local spouse to get such rights (this knowledge of them including that they have no right to become PR in a foreign land) after having worked for ...... years as DHs. And as everyone (again) aware , only minor children of such PRs can join their parent /s. Therefore, utmost caution is required by who ever dealing this issue.
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