Messages regarding the Appeal arising from the Judicial Review on Right of Abode Lodged by a Foreign Domestic Helper

In a judicial review on right of abode lodged by a foreign domestic helper, the Court of First Instance (CFI) had ruled on 30 September 2011 that section 2(4)(a)(vi) of the Immigration Ordinance (Cap.115, Laws of Hong Kong) is inconsistent with Article 24(2)(4) of the Basic Law.

On 28 March 2012, the Court of Appeal (CA) handed down its judgment on the appeal lodged by the HKSAR Government against the CFI ruling. The CA allowed the appeal and held that section 2(4)(a)(vi) of the Immigration Ordinance is consistent with Article 24(2)(4) of the Basic Law. The Government welcomes the CA ruling.

The Department will continue to withhold processing and approval of Verification of Eligibility for Permanent Identity Card applications from foreign domestic helpers until final determination of the law in question.

In view of the CA ruling, at this stage, the Government will not change the prevailing policy on admission of foreign domestic helpers. The Department will continue to process visa applications from foreign domestic helpers in accordance with the prevailing policy.

 Press Release