HONG KONG SAR - MIGRATION  IN 1998

The economic slump created an unwelcome environment for migrant workers in Hong Kong. The government’s plan to import construction workers had to be suspended due to strong opposition from labor unions. However, in October, following a review the Education and Manpower Bureau concluded that the Supplementary Labour Scheme should continue to operate. Trade unions continued to oppose the scheme citing increasing unemployment. However, despite high unemployment, some industries are short of labor — textile, fisheries, seafaring. There are some reports though that due to the crisis, locals are not above considering working in 3D jobs. The government has, in fact, conducted a study to explore the possibilities of developing the domestic services as a labor market for local people.

The 180,000 foreign domestic helpers in Hong Kong did not get a wage increase for the second year in a row because of the crisis. There were also reports that foreign domestic helpers were unfairly terminated by employers citing not the crisis but unsatisfactory performance as the reason. Foreign domestic helpers also stand to have their wages slashed by 20 percent if the proposal by Provisional Urban Councillor Jennifer Chow-kit pushes through. She also proposed that live-in maids should put in 16 working hours per day. She said her recommendations were based on a study of the conditions of foreign maids in other countries. The proposals drew protests from foreign domestic helpers and countries of origin such as the Philippines have expressed their concern about these changes. The SAR government is studying the proposals.

The decision on the right of abode grabbed the headlines for many weeks. On January 19, Mr. Justice Brian Keith ruled that mainland-born children of Hong Kong residents automatically acquire right of abode even if they were born before their parents won residency status. Following the 1997 handover, changes in immigration laws excluded mainland-born children from claiming right of abode if a parent became a Hong Kong resident after they were born. Immediately affected by the landmark ruling were the 160 children who entered Hong Kong without the Certificate of Entitlement or those who came on a two-way permit and overstayed. There will be many others, for which data are not yet available. In May, the Court of Appeals issued a final ruling on mainland children illegally in Hong Kong: mainland children who came to SAR after the July handover would not be allowed to stay; children had the right of abode in SAR only if one of their parents was a permanent resident of the territory at the time of the child’s birth; and it is not within the jurisdiction of the Hong Kong government to decide on the legality of the provisional legislature set up by China. Fears of an influx of immigrants from the mainland seem foremost in the minds of SAR residents. However, there are also arguments favoring an increase of migration from the mainland. Experts note that migration could boost Hong Kong’s low population growth and could also usher in the migration of skilled workers from the mainland. Concerns have focused on regulating entry that adjustment problems of mainlanders (especially women) have not been given as much attention. There are mainlanders — tourists — who are welcome in SAR. From July, the Immigration Department increased the quota for mainland visitors to Hong Kong from 1,142 to 1,500. The additional 126,000 mainland visitors are expected to bring in an additional HK$800 million. (SAR also relaxed immigration rules for Taiwanese visitors to boost revenues.)

On January 6, the SAR government arrived at another important decision — the decision to abolish the port of first asylum policy. This means that all illegal immigrants, including Vietnamese boat people, will be deported immediately upon their arrival in Hong Kong. The provisional legislature approved the scrapping of the policy on 4 March: those who arrived in Hong Kong after 9 January, the date the Immigration (Amendment) Bill was made retrospective, faced deportation. The port of first asylum policy was imposed by the British government on Hong Kong in 1979. More than 213,000 Vietnamese have passed through Hong Kong since, and at least 144,000 have spent time in Hong Kong’s camps while awaiting resettlement in third countries. According to the Security Bureau, there are 3,364 Vietnamese boat people still in Hong Kong, of whom 1,213 have been screened as genuine refugees — they may be integrated in Hong Kong or resettled elsewhere. Among those who had been screened out are the 278 ex-China Vietnamese refugees. The Court of Final Appeal decided on 25 September allowing the ex-China Vietnamese to stay in Hong Kong pending resettlement, but they cannot remain until they find homes in a country other than the mainland. As to the other boat people, Vietnamese officials came to Hong Kong in March to screen them for repatriation to Vietnam. An unfinished business in the refugee issue is the US$150 million-loan "owed" by the United Nations High Commissioner for Refugees (UNHCR) to Hong Kong. A Statement of Understanding between UNHCR and Hong Kong provided that the former would cover the costs of care and maintenance in the camps "subject to the availability of funds from the government." Legislators are pushing for ways to recover the debt owed by UNHCR. However, Prof. Roda Mushkat of the University of Hong Kong said that Hong Kong was bound by "customary international law" to provide assistance to refugees.

In contrast to the pre-handover rush to emigrate, 1998 marked the lowest emigration rate in 12 years. Only 19,300 nationals emigrated in the first 11 months of 1998, down by 71 percent when compared with the peak of 66,200 in 1992. Immigration, on the other hand increased, from 1997’s 460,000 to 523,000 in 1998. Filipinos are the largest expatriate group in Hong Kong (155,000), followed by Indonesians (44,309).