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Tuesday, 26 March, 2013, 3:28am
Court's ruling enforces semi-apartheid
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Labor rights group Asian Migrants Coordinating Body addresses the media after the Court of Final Appeal ruled that foreign maids were not eligible to seek permanent residency in a legal battle that has split the city. Photo: AFP
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.
This article first appeared in the South China Morning Post print edition on Mar 26, 2013 as Court's ruling enforces semi-apartheid
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14Comments
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HoyaCougars Mar 27th 2013
12:16am
12:16am
Alex,
Thank you for being willing to state the obvious - though unpopular - truth on this issue.
Thank you for being willing to state the obvious - though unpopular - truth on this issue.
bluechinagroup Mar 26th 2013
11:07pm
11:07pm
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
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 Mar 26th 2013
3:13pm
3:13pm
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.
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.
bluechinagroup Mar 26th 2013
11:31pm
11:31pm
"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.
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 Mar 26th 2013
1:55pm
1:55pm
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!
IRDHK Mar 26th 2013
3:04pm
3:04pm
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.
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.
bluechinagroup Mar 26th 2013
11:35pm
11:35pm
"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.
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 Mar 26th 2013
10:40am
10:40am
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.
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 Mar 26th 2013
10:37am
10:37am
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.
China is halting in the mainland the unsustainable land and property development that exported from Hong Kong.
IRDHK Mar 26th 2013
9:05am
9:05am
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.
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.
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