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  • Apr 16, 2014
  • Updated: 1:28pm
My Take
PUBLISHED : Tuesday, 26 March, 2013, 12:00am
UPDATED : Tuesday, 26 March, 2013, 3:28am

Court's ruling enforces semi-apartheid

Hong Kong now has full judicial backing to continue treating foreign domestic helpers as a special class of people to be excluded from many basic rights accorded to legal residents who, in the jargon of the Basic Law, "ordinarily reside" in Hong Kong. Everyone can now breathe a sigh of relief, especially the government, following the judgment yesterday by the Court of Final Appeal - all except the maids and their supporters.

It is never good for a society's moral fibre when a whole class of individuals, based on race, nationality and/or gender, is permanently consigned to the status of servants. I know many people in Hong Kong are fine with that, but I do not want my children to automatically assume every Filipino or Indonesian woman they see is a servant.

Of course, those countries that supply the maids - who form a key pillar of their economies - have a lot to answer for by failing to create enough opportunities for the women to lead more fulfilling lives in their own countries. But recipient countries and cities benefit from their failure.

What if the court judgment had turned the other way and the maids were granted the same status as other expatriates? No doubt many people would fear that thousands of maids would flood into Hong Kong. The government would then curtail the number entering the city, leading to a shortage of supply and higher wages for those already here.

Others who started off working as maids could find new jobs where they could develop their talents. Local and expat families that could not find help or afford to hire maids would have to do their own household chores. Is that really so bad?

But without maids' help, what about childcare for mothers who must work, you ask? The government would then come under pressure to develop and pay for proper childcare and kindergarten services to help working mums, like most governments in developed and rich economies do. The maids' low wages have been, in fact, an excuse for the government to make us pay for what should have been provided by the state.

If equality is a condition of real democracy, then by virtue of our semi-apartheid system, we have proved ourselves unfit for it.

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Shadow
If equality is a condition of real democracy, then by virtue of our semi-apartheid system, we have proved ourselves unfit for it.>>>>>Alex you are great keep it up,you should not care for the narrow mind and racist people
HoyaCougars
Alex,
Thank you for being willing to state the obvious - though unpopular - truth on this issue.
blue
I love how people love to call Alex Lo "Pro Beijing" and a "leftist" just because he says something they happen to disagree with. Then Alex drops a bomb like this.

I don't agree with Alex as far as the court ruling being racist, but you gotta respect a man who speaks his mind and doesn't just parrot back a Pro Beijing OR Pan Dem party line.

Hats off to you Alex
hkbulib2
I don't think is it correct to say that foreign domestic helpers are excluded based on race. It is the entry requirements that they don't come in for settlement. If a Filipino, whose job is not a domestic helper, enters into Hong Kong for work and lives for seven years like any other foreigners, he will have the right to apply for permanent identity card too. Of course he still has to go through the means test ect. But this shows that they are denied the right simply because of the entry requirements not because of their race. A Filipino doctor, lawyer, banker, accountant, clerk, teacher, or a waitor is likely to have the right. How difficulty it is for him to get in is another thing. So there is no racial discrimination. They are denied the right because they agreed that they wont have the right on the day they sign the employment contract for working as a domestic helper in hk.
However, on human rights aspect, whether there is any room for discussion is another issue. High standard of human rights may call for them being given the right too. But since there is no social consensus yet, we need more discussion.
roxanne.chang.73
"A Filipino doctor, lawyer, banker, accountant, clerk, teacher, or a waitor is likely to have the right. "
I think that might be true for doctors, lawyers and bankers. And this is simply because they are important to the economic development of Hong Kong - the fact that they might be working for multi-national corporations..
But on the other hand, teachers, waiters and clerks alike do not receive the same respect.
More on: ****www.youtube.com/watch?v=6a9S20H57wU
At the same time, that does not mean racism is not an issue in Hong Kong.
We are seeing racial discrimination on the local individual, societal and institutional level.
Many Hong Kong citizens discriminate against people from all places, including white people that are privileged in this society.
We also see many Southeast-Asian families and professionals (an Indian professor) that have been refused the HKSAR passport by the HK Customs and Excise Dept, a topic which is covered in the TV Programme -- Hong Kong Connection on 15/10/12 in detail: ****www.youtube.com/watch?v=odILDgGXNA8
My thoughts on the case of domestic helpers are that these jobs and contracts should not be allowed in the first place regardless of its demand. Any worker should deserve respect for his or her work in terms of income, safety, free of discrimination, personal dignity, etc.
Nonetheless, my point is our society is a mess and there is so much we still need to do to help make it a better place for all of us!
blue
"If a Filipino, whose job is not a domestic helper, enters into Hong Kong for work and lives for seven years like any other foreigners, he will have the right to apply for permanent identity card too."

Several people have said this already, but this is something these self righteous western sacks of **** seem to always ignore. These westerners are totally full of it.
megafun
a BAD day for equality. An even sadder day for our law. Finally real and hard evidence that our TOP judges are no longer any good!
HK-Explorer
The decision was made by the people of Hong Kong. The Judiciary and the Government of Hong Kong were aware what the people wanted the vote to be. They also looked out for what was in the best interest for Hong Kong. Even though HK does not have universal suffrage it does have democracy.
All the negativity about the ruling is based on a small group of probably non-permanent residents who feel they have the moral obligation to say "domestic helpers have the intrinsic right to apply for PR" and do not care about what impact that would have on the economy or the people of HK. Luckily in this case the law prevailed and is a happy day for democracy and the future of HK.
blue
"All the negativity about the ruling is based on a small group of probably non-permanent residents who feel they have the moral obligation to say "

Agreed. It's a bunch of arrogant westerners who think they have the moral high ground. I left the west because I was so sick of dealing with self righteous sacks of garbage like this.

Also people who tend to be so damn self righteous without a doubt have plenty of character flaws that they hope no one will notice.

"Finally real and hard evidence that our TOP judges are no longer any good!" Yeah just because the judge ruled against your wishes, now they're suddenly total Pro Beijing stooges. Do you even know how the judiciary works in your home country? I bet you that there was at least one controversial ruling in your home country that you disagreed with too.
johnyuan
Fearing the most after the middleclass is the property sector about granting right-of-abode to the foreign domestic helpers. Without these cheap helpers which would have resulted, the entire housing market will collapse in Hong Kong.
I think most Hong Kong citizens have no choice when come to the dependency on domestic helpers whereby a spouse/parent’s income is ten times or more than paying a domestic helper. Too, the middleclass has no alternative giving small and expansive housing that sleeping on kitchen floor by helpers seems normal. Too, picnic on city pavements is normal. Hong Kong government made laws to assure a condition that foreign domestic helpers don’t bear children in Hong Kong to claim for right-of-abode. Without those laws, too government’s land policy will collapse. So all in all, modern Hong Kong citizens live in human tragedy both to themselves and others just because of land and property being manipulated in the privileged hands of a few.
China is halting in the mainland the unsustainable land and property development that exported from Hong Kong.
johnyuan
I think most Hong Kong citizens have no choice when come to the dependency on domestic helpers whereby a spouse/parent’s income is ten times or more than paying a domestic helper. Too, the middleclass has no alternative giving small and expansive housing that sleeping on kitchen floor by helpers seems normal. Too, picnic on city pavements is normal. Hong Kong government made laws to assure a condition that foreign domestic helpers don’t bear children in Hong Kong to claim for right-of-abode. Without those laws, too government’s land policy will collapse. So all in all, modern Hong Kong citizens live in human tragedy both to themselves and others just because of land and property being manipulated in the privileged hands of a few.
China is halting in the mainland the unsustainable land and property development that exported from Hong Kong.
HK-Explorer
Alex promotes reducing the number of domestic helpers coming to Hong Kong? Personally I would agree. Also agree that people can do more at home by themselves. It would make HK a better place for HK people. Companies would ensure people get on home for their kids etc..
I can guarantee you 1 thing though. If the HK government stopped granting Domestic Visa's /renewals to Philippine's and Indonesian's domestic helpers would be out protesting like crazy.
Domestic Helpers want to be domestic helpers in Hong Kong. they don't want to have to go to Taiwan, Malaysia, Singapore and middle east. they all know the best place is Hong Kong.
Reducing domestic Helpers #s would Help Hong Kong but hurt Domestic Helpers.
Nice going Alex, recommending taking away well paying jobs from women who need them.
HoyaCougars
IRDHK:
You're extremely vocal, yet pretty ignorant, on this issue. The Philippines and Indonesian governments have already announced that they're going to stop sending out domestic helpers in a couple of years, and Hong Kong is moving on to Bangladesh for it's next source of cheap, exploitable labor. Yet, I haven't seen any of the protests by Filipinas or Indonesian worker that you mentioned. There are undoubtedly problems in the Philippines and Indonesia, and the West should focus on their own problems. But don't use those as an excuse to ignore blatant unfairness and unconstitutionality right here in Hong Kong. We can and should learn from the West's mistakes. Create a system that works while also being fair. It's better for everyone, especially Hong Kong.
YOLO
FDHs are employed very extensively, and to grant citizenship to them with their large number is simply not sustainable taking into account Hong Kong's already very high population density. Also, it is very easy for FDHs to spend 7 years here as they often don't have to pay for any lodging, food, transport, utility, etc. as opposed to foreigners with other jobs who are often more independent. So I think the ruling is only fair and practical.
johnyuan
The right-of-abode for the mainland children of Hong Kong parent has never been a problem. It is just an expanded way of the daily 150 Chinese immigrants settling in Hong Kong. In fact, to much delight to the property sector, housing market is assured. Likewise, the property sector must be celebrating that right-of-abode is refused to the foreign domestic helpers who really are the pillar making two-wage earning family possible for the high-priced housing. Again, Hong Kong’s way of life is so much under the thumbs of the property developers. But why?
johnyuan
The foreign domestic helper phenomenon in Hong Kong in such a large scale where I suspect all middle class employ at least one is unique in the world. For those who had lived abroad, don’t really find having a live-in servant neither comfortable nor necessary. Why can’t people organize themselves better to do some chores at home? Why can’t people as suggested by this column to ask government to provide childcare while parents must work?
In fact, the whole domestic helper falls in the many ugly fallouts of government’s land policy colluding with property developers. People all must work fulltime in order to pay their rent or mortgage. It is for the most a regrettable life to live and the shrinking of birth rate in Hong Kong clearly is making a point.
For the time being the unfair system in ill-treating the foreign domestic helpers can’t be faced straight in our hearts but feeling a relief in hiding behind the judgment of the court. Most of all, this column has pointed out that our children might think all Philippine women are a domestic helper.
I am looking forward life in Hong Kong becomes normalize without the Central being occupied every weekend by domestic helpers no matter where they come from. What a shame of the city has been.

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