P-Noy lauds HK ruling on maids' residency

MANILA, Philippines - President Aquino lauded yesterday a Hong Kong court decision allowing residency status for Filipino domestic helpers and other foreign workers, which the Hong Kong government is opposing.

“If it’s for the betterment of the living conditions of our people, why are we going to oppose that,” he told Palace reporters in Flipino.

Aquino admitted that he is not that conversant with the laws of Hong Kong and “I would have to study further implications.”

Filipina domestic helper Evangelina Banao Vallejos, who has been working in the Chinese territory since 1986, won her case after a Hong Kong court declared that a law banning foreign maids from seeking permanent residency in the city was unconstitutional.

The High Court ruled that immigration laws barring domestic workers, mostly from the Philippines and Indonesia, from settling permanently violated Hong Kong’s mini-constitution, known as the Basic Law.

“The mere maintenance of link with her country of origin does not mean that (a maid) is not ordinarily resident in Hong Kong,” Judge Johnson Lam said in a 78-page ruling.

Under Hong Kong laws, foreigners can apply for residency status after seven years of uninterrupted residency in the city, but domestic helpers from foreign countries are specifically excluded.

Vallejos questioned the restriction, describing it as “unconstitutional and discriminatory.”

“I am disappointed, but we are fully prepared for any court ruling,” Hong Kong’s chief executive Donald Tsang said, adding that immigration authorities were studying the decision.

Vallejos’ lawyer Mark Daly lauded the decision as “a good win for the rule of law.”

Foreign maids in Hong Kong are entitled to better working conditions than in other parts of Asia. They are guaranteed one-day off a week, paid sick leaves, and a minimum wage of $480 a month.

But rights groups said that they still face discrimination and lack of legal protection. A domestic helper’s visa is tied to a specific employer, leaving her vulnerable, activists said.

The government’s application for a temporary suspension of the ruling will be heard on Oct. 26.

Meanwhile, Sen. Loren Legarda hailed the decision on the case of Vallejo’s application for residency rights in Hong Kong.

“While we respect the appellate procedures of the judicial system in Hong Kong, we laud Vallejos for her determination in pursuing her crusade in seeking permanent residency in Hong Kong,” Legarda, chair of the Senate committee on foreign relations, said.

Legarda also called on the Philippine government to ensure that its programs for overseas Filipino workers (OFWs) are well in place.

“If we expect other nations to treat our citizens well, then we must set the example by showing how we respect our OFWs through programs that would protect and benefit them. We must ensure that our consulates and embassies abroad are ready to extend assistance to our citizens anytime,” she stressed.

Filipino domestic helpers told The STAR that since the ruling on their right of abode is not yet final, they are not keeping their hopes high and would rather return home to be with their families.

Caridad Bachiller, who has worked there as a domestic helper for 22 years, believes that residency rights for foreign workers could translate to better opportunities since they could apply for other jobs with salaries higher than their minimum HK$3,740 monthly wage.

Asian Migrants Coordinating Body (AMCB) and United Filipinos in Hong Kong spokesman Eman Villanueva, for his part, said Filipinos should remain vigilant against possible discriminatory acts following the initial court victory on the helpers’ right of abode.

“We encourage our kababayans to report instances of discrimination to non-government organizations helping migrant workers. They can also report complaints to the Equal Opportunities Commission,” Villanueva said.

“For the Hong Kong people, we call for sobriety. We have long been contributing to their economy and we are part of their society,” he added.