Filipino maid wins legal battle for Hong Kong permanent residency in landmark ruling

A Filipino maid in Hong Kong won the opening legal battle in her fight for permanent residency after a court ruled Friday that an immigration provision excluding the city’s hundreds of thousands of foreign maids was unconstitutional.

It was a major legal victory in a case that has divided the city with accusations of ethnic discrimination against the foreign maids, most of whom are from the Philippines or Indonesia.

Justice Johnson Lam, ruling in the Court of First Instance, said the immigration provision denying the maids the right to gain permanent residency after seven years — as other foreign residents can — was inconsistent with the Basic Law, Hong Kong’s mini-constitution.

Many complain that giving the maids permanent residency would result in an influx of their family members, which would put a strain on the densely populated city’s housing, schools and other resources.

Several dozen people protested outside the courthouse against the maids and their supporters as the ruling was released. They carried placards and chanted “Civic Party betrayed Hong Kong!” — a reference to pro-democracy legislators who backed the maids.

Vallejos has worked as a maid in Hong Kong since 1986. She applied last year for the judicial review after the immigration department rejected her permanent residency application in 2008.

Mark Daly, one of the lawyers handling her case said he expected the government to appeal within the 28-day deadline.

The case will resume Oct. 26, when the court is to decide how to practically implement Vallejos’ application.

ORIGINAL SOURCE

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