Hong Kong

Migrant scheme attracts only 238 talents in a year

The Quality Migrant Admission Scheme aimed at attracting up to 1,000 talented foreigners a year in order to boost its labor force has brought in only 238 people in its first year. They include business people, accountants, outstanding sports people and musicians. Almost all are from Mainland China. Defending the scheme, Assistant Director of Immigration Helen Chan said it is important that they are elites.

Filipino worker drops appeal, another loses appeal for residency rights

Preslyn Catacutan, 33, jailed for taking three pictures of her employer, Jacky Cheung, returned to the Philippines on 18 August. She decided not to appeal her conviction for theft because she feared no one would bail her out if she continued to elevate her case to the Court of Final Appeal, and she was also thinking of returning to Hong Kong to work as a domestic worker. Immigration authorities allegedly told her she could come back since she was removed – not deported – from Hong Kong. Catacutan was convicted of two counts of theft in Eastern Magistracy on 3 December and sentenced to six months in jail. Her sentence was reduced to three months upon her first appeal against conviction.

In another case, the Court of Appeal ruled that Maura Juliet Raquiza's stay as a domestic worker could not be considered as a period of ordinary residence. According to subsection 2(4)(a)(vi) of the Immigration Ordinance, a domestic worker is not "ordinarily resident." Raquiza first came to Hong Kong on 26 August 1988 as a domestic worker. She has stayed and worked in Hong Kong, married a resident and subsequently had a divorce. She applied for a permanent resident status, arguing that her stay as a domestic worker can be taken into account. The Immigration Director rejected her application on 4 May 2005, and she sued him, claiming that his refusal to extend her stay infringed on her right under the Basic Law. Article 24(4) of the Basic Law stipulates that permanent residents of Hong Kong include "persons not of Chinese nationality who have entered Hong Kong with valid travel documents, [and] have ordinarily resided in Hong Kong for seven years."

Sources: Smiley D. Julve, "Pinay DH loses plea for residency rights in HK," GMANews.TV, 17 August 2007; DPA, "Hong Kong fails to lure talented foreigners with migrant scheme," Monsters and Critics.com, 30 August 2007; Daisy C.L. Mandap, "DH in HK photo theft case goes home, drops appeal," GMANews.TV, 31 August 2007