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Following are the opening remarks (English portion) by the Secretary for Security, Mr Ambrose S K Lee, at a media session on the judicial review in relation to foreign domestic helpers' right of abode in Hong Kong at the ground floor lobby, West Wing, Central Government Offices, Central this afternoon (September 30):
Today, the Court of First Instance handed down judgement on the judicial review on right of abode lodged by a foreign domestic helper. The Court of First Instance has ruled that section 2(4)(a)(vi) of the Immigration Ordinance (i.e. foreign domestic helpers are not treated as ordinarily resident in Hong Kong) is inconsistent with Article 24(2)(4) of the Basic Law.
The Government respects but is disappointed with the ruling of the Court of First Instance. The Government, with respect, firmly believes that the constitutionality of the relevant provision of the Immigration Ordinance should be upheld. After obtaining legal advice, the Government has decided to appeal against the ruling and will take the necessary steps open to it to seek to ensure that the appeal is heard expeditiously.
The Government will also apply to the Court of First Instance for temporary relief. The application will be heard on October 26, 2011. Meanwhile, the Government will not process or approve the right of abode applications lodged by foreign domestic helpers.
The Court of First Instance ruling involves a law point of great constitutional and public importance, and the Government has decided to appeal expeditiously and seek to reverse the Court's ruling. At this juncture, processing and approving right of abode applications submitted by foreign domestic helpers may involve serious disruption to many households, as well as events which cannot be unravelled, and detriments which cannot be remedied, should the legal position be reversed upon appeal.
The Immigration Department will withhold processing and approval of applications for verification of eligibility for a permanent identity card submitted by foreign domestic helpers until final determination of the constitutionality of the relevant provision of the Immigration Ordinance. The Government's stance serves the public interest.
At this stage, we do not think it is necessary to change the existing arrangements for the entry and employment of foreign domestic helpers in order to avoid any disruption to the domestic arrangements of many Hong Kong families.
(Please also refer to the Chinese portion of the opening remarks.)
Ends/Friday, September 30, 2011
Issued at HKT 17:58
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