In October 2017, Nancy Lubiano, a Filipino domestic helper asked a Hong Kong court to grant her and 350,000 others the choice of living apart from their employers as she felt that it was unconstitutional. In the past, Hong Kong had practised a more liberal regime allowing domestic workers to stay on their own as long as they obtained consent from their employers and relevant authorities.
The High Court quashed her legal challenge yesterday against the mandatory live-in requirement for foreign domestic helpers. The Court was of the opinion that the live-in arrangement does not increase the risk of violations of the fundamental rights of domestic helpers or international charters.
Judge Anderson Chow stated that if any domestic helpers feel that the live-in requirement breaches their rights, they can choose to leave Hong Kong or terminate their employment contracts.