Stopgap measures possible to delay foreign domestic helpers from seeking residency

The government may seek an interpretation of certain provisions of the Basic Law that relate to the right of abode after the Court of Final Appeal ruling on a Filipino petition seeking the right after seven years of residency.

Insiders who attended Thursday's special discussion held by the Executive Council said that if the petition is successful and Filipino domestic helpers are granted the right of abode, the government may employ stopgap measures.

That may include applying to the court to suspend execution of the ruling, or to restrict visa extensions of foreign domestic helpers who have stayed in Hong Kong for less than seven years.

Some contended that executive measures such as those would not be effective for those who have stayed in Hong Kong for more than seven years.

If the law is changed, there will be an estimated 125,000 foreign domestic helpers eligible to apply for permanent residency.

In addition, the government pointed out that each domestic helper has three children on average, meaning there may be more than 400,000 foreigners who may become entitled to the right of abode "overnight".

The Filipino petition comes up for review on Aug 22.

Meanwhile, grassroots employees are worrying that they may lose jobs if foreign domestic helpers are granted the right of abode.

Chow Kwai-ying, president of the Commercial Organization and Domicile Services Employments Association, voiced concern on Thursday that the large population of foreign domestic helpers, who will be able to choose other kinds of jobs if they become permanent residents, will exacerbate competition for employment for part-time domestic services and other low-paying trades.

Eman Villanueva, secretary general of the United Filipinos in Hong Kong, offered his rebuttal, saying that many of the foreign domestic helpers he talked to remain "undecided" over their career future if the law is changed.

"I don't understand why Hong Kong people are so concerned about it. Not necessarily all the eligible migrant workers intend to stay in Hong Kong forever, but some will choose to go home and stay with their families. It's just more convenient for them to depart and come back, and I believe that this is a right that they should enjoy," Villanueva told China Daily.

"Migrant workers do not have the intention to steal the jobs from local people whatsoever. It is also largely dependent on the need of employers - whether they want to hire people who can speak Chinese or people who just need to do some part-time jobs," he said.

Chow, however, said that part-time domestic helpers will be affected the most if the foreign domestic helpers change their jobs, since the job nature is very similar.

She cited statistics from the Employees Retraining Board that there are more than 100,000 local people who are trained and qualified as domestic helpers, yet the market is neither large nor stable.

She said that a few hundred members of the association have phoned and expressed concern.

However, Villanueva said: "Some migrant workers do intend to change to other kinds of jobs - because they are graduate students - such as school teachers or nurses, though it's another matter whether they could secure these jobs; others don't even have any idea what kind of jobs will be available to them other than domestic service."

andrea@chinadailyhk.com

China Daily

(HK Edition 08/05/2011 page1)