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A city divided on right of abode

Martin Wong

The landmark right-of-abode case for domestic helpers has split the city into two differing camps that include not only Hongkongers but the helpers themselves.

Although the Court of First Instance ruled that Evangeline Banao Vallejos, a Filipino domestic helper who has lived in Hong Kong for 25 years, should be allowed to apply for permanent residency after working in the city for seven years, not every helper thought this was such 'big news'.

Domestic helper Maricel Delan, 28, said: 'I have no intention of staying in Hong Kong permanently. The ruling may be happy news for some, but not me.'

Delan has worked as a helper here for the past four years. She is pleased to have had the opportunity to be here, but her ultimate goal is to return to the Philippines.

Like many helpers, Delan's reason for travelling all the way to Hong Kong, leaving her family behind, is simple: 'I am here to work to earn more money.'

Before coming to the city four years ago, she worked as a cashier and a saleswoman even though she has a diploma in computer science. 'It is really hard to get a job in the Philippines,' she said.

Jobs in the Philippines commonly pay a daily wage of only about HK$60, so even working 30 days a month she could still earn only HK$1,800 a month.

In Hong Kong, Delan earns HK$5,000 a month as a helper for a family in Ma On Shan - above the standard minimum wage of HK$3,740 per month for helpers across the city.

She is also guaranteed a day off every week, statutory holidays each year and annual paid leave.

Even so, Delan has never thought of becoming a Hong Kong permanent resident.

'The living standard in Hong Kong is very high. And if you don't have money here, it is very difficult to survive,' she said.

From her HK$5,000 monthly income, Delan saves HK$3,000 and sends it back to her family in a little Philippine village.

'I have eight elder brothers and sisters. They are all married, but even then they need support sometimes. They work as fishermen; the income is very low and very unstable,' she said, adding that the family had just been hit hard by a typhoon.

'I only spend HK$2,000 here per month - on meals and travelling on my days off. I also need to buy shampoo, shower gel and other daily stuff.' Her biggest monthly expense is a phone bill of about HK$500.

'It would be impossible for me to live in Hong Kong on my own if I had to pay for meals every day as well as pay rent,' Delan said. 'Hong Kong is very expensive. I just want to remain here as a helper to save more money and return home one day.'

Sumiati Mia, 51, who came to the city as a helper from Indonesia in 1989, takes a different view.

'I will definitely apply for the right of abode and I will try to find a job here if I can become a permanent resident,' she said.

Now earning HK$4,400 a month, Mia feels happy about her situation - especially the fact her employer lets her volunteer to assist other Indonesian helpers in the city.

'But then, I do not want to be a domestic helper forever,' she said. 'I would love to try my luck: I have no idea now, but maybe I will try to be a saleslady in a small shop.'

Like Delan, Mia believes it would be difficult to live in Hong Kong on her own. But she said she had been here for so many years that she would love to stay along with her many friends. 'It would be hard; we know it. Rents are sky-high. But I could share a small flat with some of my friends here,' she said.

Permanent residency would entitle her to Hong Kong's HK$28 minimum hourly wage, which would mean an income of HK$5,824 for working eight hours a day, 26 days a month.

While helpers have different ideas about the controversial issue, so do their employers.

Doris Lee, Delan's employer, says helpers should be offered right of abode after living in the city for seven years. 'I am a migrant, also. Why am I entitled to the residency, but they are not?' she asked.

Coming to Hong Kong from the United States 13 years ago and married to a Hong Kong man a year later, Doris was eligible to become a permanent resident both through marriage and being a foreign worker.

'It is not fair; she [my helper] should have the same chance,' said Lee, an editor with an independent non-governmental organisation.

Domestic helpers are treated as second-class citizens in Hong Kong, she said. 'Both of us are working women and we both work away from our home country. Why should we be treated differently?'

Domestic helpers contributed and sacrificed more than she did, Lee said. 'I am here with my family, but the many helpers toil long hours, being paid a little, and are forced to leave their families behind.'

The family has employed a helper since their first daughter arrived 10 years ago. Now with another eight-year-old girl, and Lee and her husband both working, a helper is a must.

Lee's family employs a helper for the very reason the government cited when it opened the doors to them in the 1970s - to mobilise the local female labour force.

Many people, including the Hong Kong Employers of Domestic Helpers Association - an association representing employers of helpers - said helpers came here under a special immigration scheme for unskilled workers, and that there had never been any intention they could have permanent residency.

About 290,000 domestic helpers work in the city - including 146,000 Indonesians and 139,000 Filipinos.

Some Hongkongers fear the city cannot afford a sudden influx of domestic helpers and their families.

About 125,000 domestic helpers would be entitled to permanent residency, having lived here for seven years, the government estimates. On the assumption that each has a spouse and two children, that number would rise to 500,000, it says.

The consequence could be a jump in the unemployment rate to 10 per cent, the Democratic Alliance for the Betterment and Progress of Hong Kong says. Furthermore, the government would have to bear capital costs of more than HK$110 billion and recurrent costs of about HK$26 billion per year.

But how many helpers would apply for permanent residency if they had the chance? Very few, argue the Hong Kong Coalition of Indonesian Migrant Workers Organisation and the Alliance of Progressive Labour - Hong Kong (APL), which represents Filipino helpers in the city.

APL chairwoman Sheila Estrada said: 'No formal survey has been conducted by any domestic helpers group. Although all helpers have talked about it since the beginning of the case.

'But all the unions believe that only one or two in every 10 helpers would want to have residency. It is simply too expensive, too difficult to live a life here in Hong Kong.'

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