A High Court judge said yesterday that the government could temporarily stop processing foreign domestic workers' applications for permanent residency until the conclusion of its appeal against an earlier ruling.
That ruling, made last month, said it was unconstitutional to deny the helpers the right to apply for permanent identity cards after seven years of uninterrupted residency.
The government decided not to seek a stay of that judgment after Mr Justice Johnson Lam Man-hon, in the Court of First Instance, said the administration would not be in contempt of court if it suspended processing applications for permanent residency. Lam made the original ruling on September 30.
But legal experts warned that this could create confusion and lead to more legal challenges.
Secretary for Security Ambrose Lee Siu-kwong said the government would push again for an accelerated hearing of its appeal.
It was the latest twist in a complicated legal battle after the Court of First Instance ruled last month that Filipino Evangeline Banao Vallejos, a domestic helper in the city for 25 years, has the right to apply for permanent residency in Hong Kong because the immigration provision barring her from becoming 'ordinarily resident' was unconstitutional.
That ruling could open the door for other foreign domestic helpers to claim right of abode in Hong Kong. The government announced an appeal and said it would seek a temporary suspension of the court order until the case reached its conclusion. But Lam yesterday said such an application was unnecessary, as his original ruling does not compel the government to process claims by other helpers.