A Filipino domestic helper in Hong Kong recently won a fight that might benefit thousands of foreign workers in the said Asian country. Vallejos Evangeline Banao, an OFW in Hong Kong for almost twenty-two (22) years was granted the right to apply for permanent residency status. Many are hoping that this first step would serve as the way for almost 300,000 foreign workers in Hong Kong to claim the right to residency.

Banao has been in Hong Kong since 1986 and her lawyer, Gladys Li said that under Hong Kong law, non-Chinese nationals who have resided there for seven years on valid travel documents are entitled to permanent residency, and that no exclusions should be made on race or religious grounds.

The employer of Banao treats her as a family member and even supported her application for residency. She would still continue working for them if ever she is granted residency.

After years in Hong Kong, Banao is fully integrated in the local community, where she plans to spend her retirement years with her husband. She is also active in volunteer activities for the church. Her case eliminates the fears of immigration critics regarding the mass entry of foreigners as her children are all grown up and financially independent.

According to a Hong Kong High Court judge, M. H. Lam, denying a foreign maid the right to residency is unconstitutional. This is despite the fact that many of the foreign domestic helpers in Hong Kong are deployed in short-term, two-year contracts that are renewable.

Lam wrote in the judgment, “On final analysis, these features whether taken individually or collectively cannot take a FDH’s (foreign domestic helper’s) residence out of the concept of ordinary residence.”

The rights activists and the Filipino community in Hong Kong rejoiced with the court’s decision, saying that it is a vote for fairness and non-discrimination. However, many citizens of Hong Kong welcomed the news with protests as they are afraid that it would encourage entry of many foreigners to their country.

Hong Kong chief executive, Donald Tsang told the reporters shortly after the verdict was delivered, “I am personally disappointed by the judgment. One thing is quite clear. We are fully prepared for an adverse judgment at this stage and for that reason we would be doing what we need to do.”

Government officials in Hong Kong are worried that the rule in favor of Banao would oblige them to ask Beijing for an interpretation of the constitution as they want to avoid an influx of migrants.

Hong Kong is a British colony for 150 years and returned to Chinese rule in 1997. It is supposed to retain a high level of internal autonomy. Under Hong Kong’s law, foreigners who have continuously resided in their country for seven years are entitled to permanent residency. This would also allow give them voting rights and entitlement to other benefits. The said law however, excludes the 290,000 foreign domestic workers from permanent residency.