Judge quashes domestic helper’s bid for change to ‘live-in’ rule in Hong Kong
Filipino helper had challenged rule, claiming director of immigration abused his power to introduce policy in 2003
A domestic helper on Wednesday lost Hong Kong’s first judicial review of the government requirement that she and 370,000 workers like her must live with their employers.
“It cannot seriously be argued that the imposition of the live-in requirement would directly constitute, or give rise to, a violation of the [foreign domestic helpers’] fundamental rights,” the judge wrote in a 62-page judgment. “If, after coming to work in Hong Kong, the foreign domestic helper finds it unacceptable, for any reason, to reside in his/her employer’s residence, it is well within his/her right or power to terminate the employment.”
The judge has reinforced the stereotype that domestic helpers are second-class citizens
Lubiano said through her lawyer Mark Daly that she had already received a number of negative comments on social media, many of which told her to leave the city if she did not like it.
Daly, who called his client courageous for fighting for her rights, said it was unfortunate that such comments were also present in the judgment, which he said seemed to have prioritised immigration control over fundamental rights. “The judge effectively said if she didn’t like it she could leave,” he said. “Outside of the law and in practical consideration, the judge has reinforced the stereotype that domestic helpers are second-class citizens.”
Helper claiming work led to schizophrenia challenges Hong Kong policy requiring maids live with employers
More importantly, any determination in Lubiano’s favour may reopen the debate on whether such workers may acquire the right of abode in the city, since the Court of Final Appeal previously ruled they could not acquire the right as their residence does not count as “ordinary residence”.
