Immigration Ordinance
The government requires foreign domestic helpers to leave Hong Kong within two weeks of the termination of their employment contract unless they find employment with another employer. The HKHRM claimed that this is a form of discrimination against foreign domestic helpers, who are almost all Southeast Asian, as the same limitation is not enforced for other foreign workers. This two-week rule has been condemned by two United Nations Committees: the Committee on the Convention on the Elimination of All Forms of Discrimination, and the Committee on Economic, Social and Cultural Rights.
Under the Immigration Ordinance, a foreigner may be eligible to apply for permanent residency after having "ordinarily resided" in Hong Kong for seven continuous years, and thus enjoy the right of abode in Hong Kong. However, the definition of "ordinary residency" excludes, amongst other groups, those who had resided in the territory as foreign domestic helpers, thus effectively denying them the rights of permanent residents, including the right to vote, even if they had resided in Hong Kong for many years. Specifically, since 1997, section 2(4) of the Immigration Ordinance states that "a person shall not be treated as ordinarily resident in Hong Kong while employed as a domestic helper who is from outside Hong Kong", In 2011, the Court of First Instance found in Vallejos v. Commissioner of Registration that this definition of "ordinarily resident" contravened Article 24 of the Basic Law. The latter stipulates that "Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region". This gave rise to early speculation that helpers could gain right of abode. However, Secretary for Security Ambrose Lee announced that the government would appeal the decision.
Read more about this topic: Foreign Domestic Helpers In Hong Kong, Grievances
Famous quotes containing the words immigration and/or ordinance:
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