Hong Kong court overturns maid residency ruling

The High Court ruled on 30 September last year that Philippine domestic worker Evangeline Banao Vallejos had the right to request permanent residency status, something that had been denied to foreign maids until then.

But the government argued that the authorities had discretionary power to decide who was eligible for residency, rejecting arguments that restrictions on maids were unconstitutional and discriminatory.

The three-judge panel on the court of appeal unanimously accepted that argument, saying the High Court could not override the government's authority to decide who can live in the city and who cannot.

The decision will come as a major blow to tens of thousands of maids who could have been eligible for residency status if the Vallejos case had been established in law.

Vallejos's lawyers said they would take the case  all the way to the Court of Final Appeal, Hong Kong's highest court.

Rights advocates said the ruling sent the wrong message to other Asian nations that relied on poorly paid maids from less wealthy countries to toil at jobs locals no longer wanted to do.

Most are eligible to apply for permanent residency, granting them additional rights and access to government services, once they have lived in the city for at least seven years, however maids are excluded under the Hong Kong immigration policy.

Foreign maids in Hong Kong earn a minimum wage of HK$3,740 (€360) a month and receive other benefits such as one guaranteed day off a week.

Rights groups say however that they still face discrimination and a lack of legal protection from abusive employers.

Many live with their employers for years and send portions of their pay back to relatives at home, providing a huge source of foreign remittances to the Philippine and Indonesian economies.