Secretary for Security TK Lai said the Government welcomes the Court of Final Appeal’s decision to exclude foreign domestic helpers from seeking the right of abode in Hong Kong.
Mr Lai, Secretary for Justice Rimsky Yuen and Acting Director of Immigration Chung Lam-wai spoke to the media after the court’s ruling today.
“The Government welcomes the judgment of the Court of Final Appeal affirming the constitutionality of section 2(4)(a)(vi) of the Immigration Ordinance, which excludes foreign domestic helpers from being 'ordinarily resident' in Hong Kong,” said Mr Lai.
Mr Lai said the Government will process helpers’ applications in accordance with the law as affirmed by the court.
From 2011 to this March, the Immigration Department has received 1,067 applications from domestic helpers seeking permanent residency – an average of 60 cases each month.
The court did not find it necessary to address the legal effect of the Interpretation by the Standing Committee of the National People’s Congress made in 1999, or the Opinions by the Preparatory Committee in 1996.
Mr Lai said the Government respects the court’s decision, adding certain legal issues arising from the 1999 interpretation and the 1996 opinions remain open.
For children born in Hong Kong to Mainland parents who are not permanent residents, Mr Lai said the Government will study the judgment and consider further options available within the local legal system.
He said the Government will continue to enforce the zero-quota policy for expectant Mainland mothers.
Mr Yuen expressed hope that these legal issues could be be resolved through the local legal system. He said Hong Kong is a cosmopolitan society and an international financial and commercial center, which strives to embrace all nationalities.
