The Right of Abode and the Social
Exclusion of Foreign Domestic
Workers in Hong Kong
By Dolores Balladares
Chairperson, United Filipinos in Hong Kong
( UNIFIL-MIGRANTE-HK)
A. The Issue on the Right of
Abode in Hong Kong
1. What is “Right of Abode”
(RoA)?
2. Under the law, who can be
eligible for the right of Abode?
3. Why FDWs are not “eligible”
for the Right of Abode?
1. What is “Right of Abode”?
 Hong Kong permanent
residents possess the "right of
abode”, meaning they are
allowed to live in Hong Kong
without subject to a condition of
stay, and the right to not be
deported or removed.
 Essentially, this is a quasi-citizenship for Hong Kong, but
both Chinese and non-Chinese citizens can hold this status.
Under the law, who can be
eligible for the right of abode?
 Article 24 (4) of the Basic Law - “A
person not of Chinese nationality who
has entered Hong Kong with a valid
travel document, has ordinarily resided
in Hong Kong for a continuous period
of not less than 7 years and has taken
Hong Kong as his place of permanent
residence before or after the
establishment of the HKSAR.”
3. Why FDWs are not “eligible” for
the Right of Abode?
Section 2(4)(vi) of the Immigration Ordinance - ‘For the
purposes of this Ordinance, a person shall not be treated as
ordinarily resident in Hong Kong while employed as a domestic
helper who is from outside Hong Kong.’
Lord David Pannick:
…residency of maids,
like prisoners, is "out
of the ordinary."
B. FDWs segregation on the RoA as part
of the Social Exclusion in HK society.
1. What is the essence of FDWs exclusion on the
RoA?
2. What are the other forms of social exclusion to
the FDWs in Hong Kong.
3. What is the truth behind the statements of the
pro-right of abode?
4. Why did the HK government introduce a “cap”
on the years of work of FDWs?
1. What is the essence of FDWs
exclusion on the RoA?
Social Exclusion
 processes in which individuals and
entire communities of people are
systematically blocked from rights,
opportunities and resources (e.g.
housing, employment, healthcare,
civic engagement, democratic
participation and due process) that
are normally available to members
of society and which are key to
social integration.
2. What are the other forms of social
exclusion to the FDWs in HK.

Two-week rule policy

Minimum wage exclusion

Mandatory live-in arrangement

“W” in the HKID

FDH counters at airport
immigration

Ban on driving duties

Proposal to remove maternity
protection for FDWs

Immigration ban on Nepalese
workers
3. What are the truth behind the statements of the
pro right of abode?
Scare Tactics
 500,000 FDWs and families
will apply for RoA and live
in HK.
 Steal the jobs from local
workers.
 Take advantage of the
funds and social services of
HK.
Paul Tse
Regina Ip
D. What are our responses?
 We support the ROA petitioners for
we believe that equal application of
the law is fundamental human right.
 We stand against discrimination and
other forms of social exclusion (Livein arrangement, 2-week rule,
minimum wage, working hours, etc.).
E. What FDWs can do on the RoA issue and
the social exclusion.
 Strengthen solidarity
among local workers in
HK and workers from
other nationalities.
 Conduct massive education
and information
dissemination on the issue.
 Organize and join mass
actions.
F. Sending governments of FDWs
are accountable for their plights in
Hong Kong .
 The political, social and economic crisis and instability are the
root causes of force migration.
-
Poverty
-
Unemployment
-
Lack of opportunities
* This must be addressed to lessen if not stop the discrimination and
social exclusion of migrant workers in any part of the world.
THANK YOU!