#Human Rights
Hong Kong Government
Hong Kong

On 30 September 2011, the Hong Kong High Court ruled that the restrictions imposed on foreign domestic workers (FDWs) in the current Immigration Ordinance violated the provision in Article 24 of the Hong Kong Basic Law, on the eligibility to apply for permanent residency after having lived in Hong Kong for seven years.

Under the existing Immigration Ordinance, non-Chinese people who have lived in Hong Kong with a legal identification document for seven years can apply to the Director of Immigration for permanent residency in Hong Kong. Having verified that the applicant takes Hong Kong as their permanent residence, the Department of Immigration will then approve the application. However, the provisions in the Immigration Ordinance amended during the Provisional Legislative Council after the handover discriminatively deprived only FDWs of the opportunity to apply for permanent residency.

The High Court ruling on 30 September restores to FDWs equal treatment as other migrant non-Chinese people, to possess the right to apply for residency in Hong Kong. The ruling successfully eliminates the occupational discrimination in the current Immigration Ordinance and brings along a positive message to the society. It shows Hong Kong’s core value of individual human equality, where “all are equal before the law.”

The High Court ruling also has effectively recognized that the Hong Kong government has committed serious discrimination and injustice against FDWs until now. The Hong Kong government and all Hong Kong society should recognize that a large number of FDWs have been facing deep human rights violations and social and legal discrimination due to current government policies not limited to the exclusion from the right of abode, but including for example exclusion from the statutory minimum wage, the live-in requirement, the limitless working hours per day, the ‘two-week rule’ (by which they may only stay two weeks in Hong Kong after the termination of the contract) and other conditions they uniquely face.

As Hong Kong residents, citizens and workers, we want to achieve a 'world city' based on justice and equal rights for all human beings. We stand together with the foreign domestic workers who we live with and benefit from in our society, to ask for the following:



9月30 日高等法院裁定外傭與其他外籍人士一樣擁有申請居港權利。此裁決成功消除《入境條例》中職業歧視,同時對社會發出正確訊息,向公眾表明法律面前人人平等這一核心價值。



We call on the Hong Kong government to be the leader in advocating social and racial equality among workers and residents, and stop seeking to boost its popularity at the expense of one of the most excluded groups of workers in Hong Kong.

We call on the Hong Kong government to immediately implement the High Court’s decision to remove the restrictions on FDWs in the Immigration Ordinance concerning their eligibility to apply for permanent residency after having lived in Hong Kong for 7 years.

We demand that the Hong Kong government review its current discriminatory and harmful policies on FDWs, and apologize for the past discrimination and neglect it has committed all these years against them.#




發起團體Originator: Coalition for a Just and Fair Hong Kong 

Coalition members include:

1. 香港天主教正義和平委員會 Justice and Peace Commission of the HK Catholic Diocese
2. 民間人權陣線 Civil Human Rights Front
3. Indonesian Migrant Worker Union
4. Asian Migrant Coordinating Body
5. 香港人權監察 Hong Kong Human Rights Monitor
6. 家.傭同行 Open Door
....and others

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The 立即停止歧視外傭 End Discrimination Against HK Foreign Domestic Workers, NOW! petition to Hong Kong Government was written by Joselito Natividad and is in the category Human Rights at GoPetition.