The Philippine Online Chronicles

A Hong Kong court ruled in favor of a Filipina domestic helper seeking permanent residence in the country but migrant groups say it is just one triumph in their struggle for a better working environment.

The High Court of the Hong Kong Special Administrative Region came out with a decision on Friday that Evangeline Vallejos, a foreign domestic helper in Hong Kong since 1986, that she should not be denied the right to apply for permanent residency amid the region’s constitution that excludes foreign workers from applying for permanent residence.

"On final analysis, these features whether taken individually or collectively cannot take a FDH’s residence out of the concept of ordinary residence," the decision read.

Vallejos asserted that foreigners who have stayed in Hong Kong for seven years or more and have valid travel papers may apply for permanent residence. However, maids were reportedly excluded from the provision.

“To be clear, Ms Vallejos won on the unconstitutionality of the provisions,” said Vallejos’ lawyer Mark Daly. Daly said it was “a good win for the rule of law.”

The decision is considered a landmark case and a victory against ethnic discrimination against foreign maids.

Nevertheless, several dozen people reportedly protested outside the courthouse because of the ruling, criticizing the pro-democracy legislators (Civic Party) who backed the foreign maids. People complain because of the possible influx of the foreign workers; family members, which might put a strain on the densely populated city.

“I am personally disappointed by the judgment,” Hong Kong chief executive Donald Tsang told media. “One thing is quite clear. We are fully prepared for an adverse judgment at this stage and for that reason we would be doing what we need to do.”

Justice Johnson Lam of the High Court said government estimates that there are 285,000 foreign domestic helpers in Hong Kong with 117,000 staying there for at least seven years.

International Labor Organization law expert Tim de Meyer said, “Since the mid-’50s, the I.L.O. has been advocating a policy of stabilization of migrant workers who prove to be an asset to a national economy. One should not forget that the introduction of lower-skilled workers to do domestic tasks frees up higher-skilled workers, increasingly women, who contribute more to the local economy.”

Just the beginning

Meanwhile, Asian Migrants’ Coordinating body spokesperson and United Filipinos in Hong Kong secretary general Eman Villanueva said, “With or without the right of abode, the more pressing concern of these domestic helpers remain to be the almost unbearable working conditions, such as low wage, long working house having to live with their employers.”

He also said that not many actually want to settle in Hong Kong because of the high cost of living and the feeling of being uprooted from their motherland. But the legal victory gives them the right to choos

Helpers of Domestic Helpers manager Holly Carlos Allan also said that discrimination is something that they must struggle with.

Villanueva said, “I’ve sensed a lot of anti-Filipino statements from the Hong Kong people when they’re against domestic helpers gaining right to abode. The right is concerned with all domestic helpers; it just so happened that many of them are Filipinos. Those opponents have not realized their underlying sense of discrimination when they’re singling out one nationality.”