Fdh Case in Hk

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Introduction Court judgment related to the right of abode issue would inevitably have social, economic and political impact on the society and this issue has led to a lot of controversies in Hong Kong since 1997. In 1999, the public mainly focused the right of abode issue for a person of Chinese nationality whom born inside or outside of Hong Kong. Twelve years have passed, and today the public have a strong debate on another right of abode issue for person who is not of Chinese nationality, in particular the foreign domestic helpers (FDH) in Hong Kong. A judgment on whether a FDH can acquire right of abode in Hong Kong has been made recently. The court focused in the constitutionality of Section 2(4)(a)(vi) of the Immigration Ordinance and determine the proper construction of the expression of Article 24(2)(4) of the Basic Law. In this article, I will discuss my view on the recent judgment of the first right of abode case for foreign domestic helpers and will further discuss my view on how to interpret Article 24(2)(4) of the Basic Law. History - FDH policy and the court judgment The Hong Kong Government has permitted foreign domestic helpers to work in Hong Kong since the 1970’s to meet the shortage of local domestic helpers. The Immigration Department has established policy in permitting FDH to enter and work in Hong Kong. The conditions of employment and stay in Hong Kong are clearly specified in the standard FDH employment contract . Under the FDH policy, the FDH is only permitted to enter and stay in Hong Kong if they have an employment contract with a specified employer. The contract is for a period of two years, and they must return to their home country before commencing another new contract. After the termination of each contract, they are required to leave Hong Kong within 2 weeks. They are not allowed to bring their dependants to Hong Kong

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