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Hong Kong court overturns maid residency ruling
by Staff Writers
Hong Kong (AFP) March 28, 2012


Hong Kong's court of appeal on Wednesday overturned a landmark ruling that opened the door for thousands of foreign maids to claim residency in the southern Chinese city.

"It must be up to the sovereign authority to decide the extent to which the status of permanent resident should be conceded to foreign nationals," Judge Andrew Cheung wrote in a 66-page judgement accepting the government's appeal.

The High Court ruled on September 30 last year that Philippine domestic worker Evangeline Banao Vallejos had the right to request permanent residency status, something that had been denied to foreign maids until then.

But the government argued that the authorities had discretionary power to decide who was eligible for residency, rejecting arguments that restrictions on maids were unconstitutional and discriminatory.

The three-judge panel on the court of appeal unanimously accepted that argument, saying the High Court could not override the government's authority to decide who can live in the city and who cannot.

The decision will come as a major blow to tens of thousands of maids who could have been eligible for residency status if the Vallejos case had been established in law.

"It is a fundamental principle in international law that a sovereign state has the power to admit, exclude and expel aliens," Cheung wrote.

Vallejos's lawyers said they would take the case -- the first of its kind in Asia -- all the way to the Court of Final Appeal, Hong Kong's highest court.

"The interpretation of the law creates a second-class citizen," counsel Mark Daly told AFP.

"We will continue on to the Court of Final Appeal until we get justice."

The government welcomed the ruling and said it would not process any residency applications from domestic helpers until the courts delivered a final determination.

"The government anticipates that the present litigation will likely proceed to the Court of Final Appeal," Security Secretary Ambrose Lee told reporters.

Rights advocates said the ruling sent the wrong message to other Asian nations that relied on poorly paid maids from less wealthy countries to toil at jobs locals no longer wanted to do.

"It's not just about staying in Hong Kong -- we don't want to be excluded," Asian Migrants' Coordinating Body spokeswoman Eni Lestari said outside court.

The group represents over 10,000 foreign maids in Hong Kong, a glittering financial and banking centre of some seven million people, including almost 300,000 foreign domestic helpers mainly from Indonesia and the Philippines.

Lestari said foreign maids should not be treated any differently to other foreigners who flock to the semi-autonomous former British colony to find work as lawyers, bankers, accountants and managers.

Most are eligible to apply for permanent residency, granting them additional rights and access to government services, once they have lived in the city for at least seven years.

"What makes us different from others? We work very hard, we support our families too," Lestari said.

"We are bound by Hong Kong immigration policies and yet they use it to exclude us, this is clear discrimination."

Some officials have warned of a deluge of permanent residency requests if the Vallejos precedent is allowed to stand. But government figures of applications from 1998 to 2011 show no significant uptick since September.

Foreign maids in Hong Kong earn a minimum wage of HK$3,740 ($480) a month and receive other benefits such as one guaranteed day off a week.

Rights rights groups say however that they still face discrimination and a lack of legal protection from abusive employers.

Many live with their employers for years and send portions of their pay back to relatives at home, providing a huge source of foreign remittances to the Philippine and Indonesian economies.

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China's rich spend on travel, health and education: report
Shanghai (AFP) March 28, 2012 - China's wealthiest citizens are increasingly quality-conscious consumers who spend the bulk of their money on travel, healthcare and education for their children, new research has found.

The study of nearly 900 of China's wealthiest individuals by the independent Hurun Report and China's Industrial Bank shows they own an average of three cars and four watches and take nearly three weeks of holiday a year.

"Quality is seen as the prime luxury good characteristic... reflective of a shift beyond seeing the luxury good as a status symbol," said the report, released this week.

China has 2.7 million high net worth individuals, defined as those with personal assets of around $1.0 million, according to the report.

They spend an average of three percent of their personal wealth annually with travel being the top lure, followed by luxury items and education for their children, it said.

"That represents a very high spending power," Rupert Hoogewerf, founder of the Hurun Report, told AFP. "That's the target for all the luxury brands, domestically and internationally."

Future spending will be focused on travel and education, but healthcare is also rising to the top.

"The three big needs of travel, education and healthcare seem to be the immediate focus of the Chinese entrepreneur," Hoogewerf said.

Nearly three-quarters of China's wealthy buy luxury goods in Hong Kong, the semi-autonomous region ruled by China which has become a shopping destination for mainland Chinese.

And some 85 percent plan to send their children abroad to study, with a growing number choosing to opt for overseas education at an earlier age, it said.

The study also identified 63,500 ultra-high net worth individuals in China -- defined as those people having assets of more than 100 million yuan ($16 million) -- up from 60,000 last year.

Some 13 percent of them want to buy private planes, it said.

Despite their big spending, China's wealthy have grown more cautious with their money this year, given the slowing economy.

"They have become more careful with their money," said Hoogewerf, who estimated China's rich spent a higher proportion of their wealth -- five percent -- two or three years ago.

The Shanghai-based Hurun Report publishes luxury magazines and runs a research institute. The Industrial Bank is one of China's smaller lenders.



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Amnesty sees hope in China on death penalty
London (AFP) March 27, 2012
China is still executing thousands of prisoners per year but there are flickers of hope that attitudes there towards the death penalty are changing, the head of Amnesty International said. Salil Shetty, secretary general of the London-based human rights group, told AFP that the rise of blogging and social media in China had increased public pressure on its rulers over the use of capital puni ... read more


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