Daly, who called his client courageous for fighting for her rights, said it was unfortunate that such comments were also present in the judgment, which he said seemed to have prioritised immigration control over fundamental rights. “The judge effectively said if she didn’t like it she could leave,” he said. “Outside of the law and in practical consideration, the judge has reinforced the stereotype that domestic helpers are second-class citizens.”

Helper claiming work led to schizophrenia challenges Hong Kong policy requiring maids live with employers

More importantly, any determination in Lubiano’s favour may reopen the debate on whether such workers may acquire the right of abode in the city, since the Court of Final Appeal previously ruled they could not acquire the right as their residence does not count as “ordinary residence”.

Given the potentially far-reaching implications, judge Chow noted the court had to “act cautiously” in deciding such matters.

He concluded that he could not see why it would be beyond the powers of the director to impose the live-in requirement on foreign domestic helpers when it was a “functional requirement” of their employment.

He further observed that a domestic helper working in the employer’s residence would “necessarily be exposed to a risk of ill-treatment by the employer” regardless of whether they live together.

“I am by no means satisfied that the risk of ill-treatment is unacceptably or significantly increased by the fact that the foreign domestic helper is living in the employer’s residence,” the judge continued. “Where ill-treatment does occur, it seems to me that the real cause of the problem lies in the employer.”

Live-in rule forces domestic workers to be on call 24 hours a day, court hears

Chow also agreed with the government that foreign domestic helpers permitted to live out could still be deprived of adequate rest time if the employer does not respect their need for rest.

But Professor Hans Ladegaard, an academic who has interviewed 470 foreign domestic helpers since 2008, noted that the judge did not seem to understand the workers’ difficult situation as they are often sole breadwinners or owe huge debts to employment agencies.

“If that’s what’s at stake, even if you’re abused, you stay because you don’t want to put your family at risk,” he said. “It’s a great risk for a domestic worker to terminate her contract.”

The government said it was “pleased that the judgment confirms the live-in requirement is lawful”.

Tri Tharyat, consul general of Indonesia in Hong Kong, said the consulate “fully respects the court’s judgment” and appealed to agencies and employers to respect all relevant laws and regulations that promote workers’ health. A large share of the city’s domestic helpers are Indonesian.

Support Group for Hong Kong Employers with Foreign Domestic Helpers convenor Joan Tsui Hiu-tung welcomed the judgment as she noted the live-in rule provides stable assistance for working parents who need someone to look after their children.

She also said she was not worried the judgment would affect the city’s ability to attract foreign domestic workers, as they would prefer the city’s rule of law, freedom and higher wages.

“My own case and other cases of violence and poor working conditions are the impact of the coercive live-in [rule],” she said.

“There have been many studies that prove [the rule’s] impacts, such as long working hours, inhuman beds, inadequate food and the loss of our bargaining rights as workers. We cannot deny anything that the master may command.”