The Maid Debate Continues
Posted by SpikeAug 2
From today’s SCMP:
The government is trying to enter as evidence estimates that “great numbers” of Filipino maids would become permanent Hong Kong residents in its fight against foreign domestic workers who are seeking right of abode.
But a High Court judge called an impromptu hearing yesterday to ask the government why it had applied to file new evidence only weeks before a judicial review begins.
Last week the Democratic Alliance for the Betterment and Progress of Hong Kong released figures that said the city’s unemployment rate would rise to 10 per cent, from the current 3.5 per cent, if the maids prevailed in their effort for permanent residency. The party cited a government estimate that 500,000 people could settle in Hong Kong, costing an extra HK$25 billion a year in social spending, if domestic workers were granted permanent residence.
Nowhere have I read what this estimate is based on, neither the number 500,000 people (most of whom presumably are already here) or the average spending of HK$50,000 per person. It also ignores the possibility that at least some of these people would be paying taxes.
Hemlock noted today:
Could it be that the government, aided by its vote-mongering supporters in the Democratic Alliance for the Betterment etc of HK, is stirring up racism and alarm as a way of diverting people’s attention from the abysmal failure of nearly everything else it does? This would, in fairness, bring it into line with just about every other government on the planet at some time or another. Or is it wetting itself about a theoretical inundation of dark-skinned hordes because blind panic is its default reaction to almost anything?
It would be interesting to know what has made the DAB so interested in this issue. As the local front of the Chinese Communist Party, it follows orders rather than sets agendas. It pushes the interests of the local less-educated working class, insofar as these are compatible with its higher cause, and stresses nationalism and disdain for the sort of cosmopolitanism common among the pro-democracy middle class.
Colonialism probably deserves some of the blame here. Many decades ago, the Chinese were second-class citizens in Hong Kong, and – as in the Mainland – there is still something of an inferiority complex. The elite feel inadequate without Jockey Club membership, appointment as Justice of the Peace or other idiotic British baubles. The underclass, like the white trash in the UK or the US, need someone to look down on, and Third World maids are ideal. The prospect of legitimizing these people and letting them compete in the workplace provokes hostility because of insecurity. Filipinos might have more than just an economic edge on local counterparts. The real fear is not that maids’ relatives would come over and claim welfare, but that their relatives would come over waving fancy nursing degrees and other credentials, leaving Hong Kong’s dropouts and rejects in the dust. Racial superiority meets humiliating truth.
Article 24 of the Basic Law states, in part, “The permanent residents of the HKSAR shall be … (4) Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence …” It does not say “except for XXX.”
Article 25 states, “All Hong Kong residents shall be equal before the law.”
Article 39 states, “The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the HKSAR.”
Full stop. There may be those in Hong Kong who “do not want them here” and you are of course entitled to your opinion but there is no legal or ethical basis for denying them resident status if they otherwise qualify for it.
Or, as Thomas Jefferson said:
All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.


21 comments
Comment by THE VISA MAN on August 3, 2011 at 1:18 am
Just put your first post regarding this on my blog + courtesy link at the end of that post !
Pingback by Far East Cynic » Political foolery on the other side of the globe… on August 3, 2011 at 8:48 am
[...] problem is-as Spike points out-there is no clear cut exclusion of these folks in Hong Kong’s Basic Law: Article 24 of the Basic Law states, in part, “The permanent residents of the HKSAR shall be … [...]
Comment by The Shadow HK on August 3, 2011 at 8:57 am
This just seems like another case of local racism.
When I arrived in 1998, “locals” were scared of the mainland invasion (big heads I think they called them) taking their jobs and flats.
Does anybody out there know what the rules were before 1997. From my distant recollection DHs were eligible for residency, hence the number of young Filipinos working here today in the hospitality industry.
Peter
Comment by UII on August 3, 2011 at 9:47 am
Referring to Jefferson, it would be fair to say that Filipinos receive more economic and social oppression back in the Philippines or Indonesia than they do here in HK.
As for saying that some of the maids would, in future, pay taxes, who are you kidding?? There’s a big fat ZERO chance of that.
All they will do is take, take, take. Education, healthcare, anything going. There would be publications dedicated to them with parts devoted to illustrating where the system can be bled to greatest effect.
Give an inch and they’ll take a yard, as is already in evidence.
And let’s not kid ourselves that this will result in gaining some educated minds for the workforce. For every college-graduate Filipina there are a dozen uneducated Indonesians working for under half the mandated minimum wage.
Changes to the law will also tempt some employers to abuse their power.
“Want a 4th contract? Well, you’re gonna quit after year 1, so you’ll need to work for free, otherwise good luck getting a full-pay contract from someone else.”
Pingback by Cheat Sheet, August 2 2011 | 21CB on August 3, 2011 at 11:06 am
[...] Is Hong Kong stirring up racism against Filipino domestic workers to keep spending down? (Hongkie Town) [...]
Comment by MrMr on August 3, 2011 at 6:27 pm
Going through a similar process here, but on the other side.
http://www.abc.net.au/news/2011-06-30/chinese-australians-want-apology-for-discrimination/2778014
The chinese australian population (allot from HK and southern china) deserve an apology and hopefully they will get one. Hopefully it might inspire HK to do the right thing.
Comment by Ingrid on August 3, 2011 at 8:09 pm
Of course they should have the same rights – there will be arguments that they are “not ordinarily resident” because they are obliged to go home every so often, but I really hope that the High Court will see though that.
I wish that I was in Hong Kong to cheer them on…
Comment by THE VISA MAN on August 3, 2011 at 11:46 pm
Reagarding this comment from UII:
As for saying that some of the maids would, in future, pay taxes, who are you kidding?? There’s a big fat ZERO chance of that.
All they will do is take, take, take. Education, healthcare, anything going. There would be publications dedicated to them with parts devoted to illustrating where the system can be bled to greatest effect.
Give an inch and they’ll take a yard, as is already in evidence.
SORRY – but there will be no difference compared to at least a big part of “normal Hong Kong” people: They pay no tax, they try to get the free education (and believe me this is completely nuts to get your kids into school – Mark Six like) & they surely will enjoy the free health care.
Have you ever been in a ward of a public hospital here in Hong Kong ?
This is very far away from Peninsula Hotel – it is very BASIC. The only one more BASIC I know is in China – and yes maybe also in the Philippines.
But can I as a permanent resident & foreign passport holder await the same standard of public hospital as I would enjoy in my homecountry ? Surely not.
So lets see what kind of decision will be made by the court.
By the way…..give an inch & they take a yard – this is typically HK & mainland attitude ! So they are fast learners then.
Comment by UII on August 4, 2011 at 1:07 pm
All agreed, Visa Man.
Except that “normal Hong Kong people” get that benefit by birth, and in all likelihood some of their family is paying tax.
Both my children were born in HK public hospitals.
Comment by pat on August 4, 2011 at 3:25 pm
It does sound like local racism coming from elitist. Maybe that Pan Ho Cheung film isn’t too far off. By any means necessary for greed. Gimme that flat!
Comment by nulle on August 4, 2011 at 3:49 pm
spike,
sorry to throw cold water on your argument…
the articles of basic law may not be in force (or full effect) and never challenged…so the end of the day CCP could just interprete the way it likes and deny the DH residency even if they win at the Court of Final Appeals.
as I replied to SorLo’s comments on your blog, hong kong ceased to be hong kong SorLo mentioned on July 1, 1997. There is still hope…but major changes needs to be made and none the CCP (or NPSC) willing to accept…
Comment by The Shadow HK on August 4, 2011 at 5:51 pm
Perhaps the answer fr Hong Kong would be for ALL current helpers to leave and go to countries that pay better and offer better conditions and let the hard working people of HK employ their domestic support from China – I am sure that model would work well here as we all know the high levels of regard and humility that Hkers show towards their mainland cousins……
Comment by Spike on August 4, 2011 at 8:16 pm
Nulle, where have you “thrown cold water on my argument”? China will do what it will as it always does. It won’t change the facts.
Comment by THE VISA MAN on August 4, 2011 at 11:45 pm
Anyhow the central government together with joint efforts from some lawmakers (or better vice versa ?) will surely not allow it to happen that DH will have the right of abode / perm residency after 7 years.
The answer most probably (like mentioned here already by several people) will be: No maid will be allowed to extend 6 years work as a DH here in HK.
And this will hurt HK society maybe more than they get the right granted. Many families have DH working for them many years – almost decades. Surely they will not be effected backwards. But then every new contract(s) will be limited to 2 renewals if only 6 years allowed – this is very bad for the really good maids & the families who so much depend / rely on them. Example: You hire your maid before the birth of your child – exactly when your child starts to go to P1 you need to change the maid – no good (mainly for your boy & girl – then also no good for you).
Wasn’t it recently somebody said: “HK is lacking the idea of some vision(s)”.
Now watching the news about this.
Comment by THE VISA MAN on August 4, 2011 at 11:59 pm
……………and surely there is the concern that if perm residency is granted:
The minimum wage of HKD 28 / hr will come into effect ! Cheers.
Comment by THE VISA MAN on August 5, 2011 at 1:43 pm
If the minimum wage comes in effect for your maid – the monthly salary will be at least HKD 9,000 – 11,000 if exactly all working hours counted.
But then you can ask your maid to rent her own place & take care her own food & insurance, octopus card etc.. But that also makes no sense, as then your maid is not 100% available for you & your kids, as she is living outside. Many of the maids maybe even willing to deduct the salary & live-in & eat the same food with you.
But then you are breaking the law by not paying the minimum wage to them. Many employers of DH will not be able to pay them the minimum wage. And surely many will not be willing, as the decades long “almost slave like” status of the maids has been burned into many HK brains.
Comment by Spike on August 5, 2011 at 1:49 pm
No. Obviously a dollar value can be attached to the housing & meals provided. Assuming a 10 hour work day (optimistic), 6 day work week, 26 day work month @ $28 per hour that’s $7,280 per month. And then assign a value of $3,600 to room and board supplied & cash paid each month remains at the existing level. If you wanna figure on a 12 or 16 hour work day, then just up the value of room and board provided and it will work out the same.
Comment by Josh bob on August 6, 2011 at 8:36 pm
They are like us so they should have rights like us I don’t mind if some1 happy or not happy or govt need to work much harder , I wish they live in this part or world like us it’s their right .
Wish you goodluck all I’m sure God help you all to make your life better.
Comment by Mastercard on August 30, 2011 at 7:11 am
Spike,
I am curious. Will you be willing to pay your maid HKD 12,000/month in basic salary?
MC
Comment by Spike on August 30, 2011 at 7:46 am
I believe that number is a fear tactic with no basis in reality. Or I could say that I already am, if one considers the dollar value of the accommodation and meals that I provide to her.
Comment by josh bob on August 30, 2011 at 1:25 pm
Dear MC,
i am sorry but if you don’t have bolls then don’t do it. i mean if you can’t pay then don’t have it any way your grand grand father don’t have maid but he live so you can live too without it. your number is bullshit real thing is fear inside you. you and many like you can’t see them stand beside you with same rights.
i am curious what is important that you can keep maid or not OR hundred thousand’s of people can’t get their basic rights.
Regards
Josh