Press
Release No. 152-03
10 April 2003
It’s
not all bad news that’s emanating from Hong Kong.
A report from Philippine Consul General Victoria S. Bataclan says that
the Hong Kong Special Administrative Region (SAR) High Court, through the Hon.
Mr. Justice Hartmann, has issued an Order granting “Leave to Apply for
Judicial Review” to the foreign domestic helpers (FDHs) questioning the
legality of the levy/wage cut imposed by the HKSAR Government on FDHs.
The
approval by the Court of the “Leave to Apply for Judicial Review” is a
preliminary determination that the issues raised in the pleadings deserve the
attention of the Court and paves the way for the full hearing of the court case.
With that, the petitioners (applicants) can be said to have established
at least a prima facie case. The Leave Stage is a screening process and only
meritorious cases are allowed to go forward to full trial.
Under
the Court Order, the petitioners (applicants) or their solicitors are directed
within 14 days from the granting of that Order to file the original Notice of
Motion in court and serve on all persons directly affected a copy of this
Motion, copies of the Notice of Application in Form 86A, the supporting
affidavits and exhibits.
The
case was filed on 1 April 2003 by seven foreign domestic helpers (FDHs), 5
Filipinos and 2 Indonesians, two migrant organizations and a Filipino lawyer
residing in Hong Kong who is an employer of a domestic helper.
The case is seeking
a court order to set aside and declare as illegal and unconstitutional the
decisions by the Chief Executive in Council on 25 February 2003 to reduce the
minimum allowable wage (MAW) of FDHs by HK$400 per month and the levy of HK$400
imposed on employers of FDHs.
Barely two days after the filing, the Hong Kong High Court favorably considered the application for Leave to Apply for Judicial Review on the strength of the brief as filed; the Court did not order an oral hearing on the application.
The case is being
handled pro bono by Massie & Celement Solicitors and barristers Gerard McCoy
SC (Queens Counsel), Phillip Ross and Neil Thomson. END