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Court reviews right of abode

Migrant workers challenge government over 'discriminatory' regulation
Court reviews right of abode
Members of the Asian Migrants
Published: August 23, 2011 08:30 AM GMT
Updated: August 23, 2011 09:42 AM GMT

The Court of First Instance yesterday began a judicial review of the right of abode for three Philippine domestic workers. The plaintiffs have challenged the immigration ordinance as discriminatory and unconstitutional if it excludes domestic workers from being "ordinary residents" for legal purposes – a requirement for permanent residency under the Basic Law of Hong Kong, in addition to living continuously in the Special Administrative Region for seven years. The lawyer representing the domestic workers said the ordinance should not contravene the Basic Law, and there should be no exclusion based on equal rights. However, a lawyer representing the government said the workers were not ordinary residents because they lacked an “independent lifestyle,” which is restricted by contractual terms and does not apply to foreign workers. The local government will reserve the right to seek an interpretation of the Basic Law from Beijing, the lawyer said. The case has sparked widespread speculation over whether there will be a sudden increase of permanent residents and the potential burden they would place on Hong Kong’s social welfare services. The Asian Migrants' Coordinating Body has denounced what it calls the scare tactics of the government and certain politicians. They are “systematically bombarding the media and the public with exaggerated statistics and doomsday scenarios,” said an official with the group, which comprises seven unions of workers from different countries. The projection of a flood of applicants and their dependents is “grossly exaggerated,” said Eni Lestari, a spokesperson for the group. “If the people of Hong Kong should fear something, it should be exclusion, discrimination and anti-migrant ideas, not foreign domestic workers and our rights.” A district councilor who spoke on condition of anonymity said the workers have a right to seek judicial review, but that “the timing is not right.” “There was argument already when foreign workers’ unions demanded they should be covered by the statutory minimum wage introduced in May,” the councilor said. “Now, some fight for the right of abode. Some local people feel the domestic helpers may threaten their ‘rice bowls’ if they are given permanent residency.” There are about 146,000 Indonesian and 139,000 Philippine domestic workers in Hong Kong, according to government statistics. Related reports: Workers decry ‘two-week rule’Hong Kong government relaxes migration policyChristian groups urge employers not to be biased against South Asian workers

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