Anlyse On The Case Of Foreign Domestic Helpers Strive For Permanent Settlement In Hong Kong Special Administrative Region

"The basic la"w, as a general law in common law jurisdictions, achieves the codestatus of the fundamental legal."The basic Law" has enriched the connotation of the"one country, two system" policy, realized the practice of the great idea, which isconductive to the glorious of Hong Kong and its stable development. However, due tothe huge differences between Hong Kong and mainland Chinese over their socialsystems and legal tradition, contradictions and dispute are inevitable in theimplementation process.According to the "basic Law" article twenty-fourth, foreigndomestic helpers (FDH) believe that they are qualified to apply for the Hong Kongpermanent resident status, which, however, limited by "The Immigration Ordinance".Judicial review was launched, hoping to overthrow "The Immigration Ordinance" andto make foreign domestic helpers, living in the District of Hong Kong longer than7years, qualified to apply to become permanent residents in Hong Kong. Lasting formore than two years, the case, leading to a series of legal problems, which are beyondthe category in the case, has attracted significant domestic and foreign interest.Herewe intend to summary the Judicial review on the FDH to strive for the right of abodein Hong Kong and to introduce the focuses of the debate, analysis the focus of the case.We give a brief discuss on whether the FDH are included in the "ordinary residence"according to the article24in "The Basic Law" and whether Legislative Council ofHong Kong has the right to make the restrictions that the FDH do not belong to the"ordinary residence". Finally, it is pointed out that the FDH, who are unable to obtainpermanent residency in Hong Kong, do not belong to the "ordinary residence" by theLegislative Council of Hong Kong. The interpretation of "The Basic Law" should beflexible in order to meet the legislative intent of "The Basic Law".The LegislationCouncil of Hong Kong has the right to carry out the implementation of immigrationcontrol", The Immigration Ordinance" does not violate "The Basic Law", and theinterpretation of the law will not destroy the law and order of Hong Kong, so it is notneeded to submit to the national people’s congress for the interpretation of the law.The clarification of these issues is helpful to clariyf the incorrect understanding of"The Basic Law", to continue to implement for the great strategic polic"y of the onecountry two systems"，to maintain the authority of "the Basic Law", which is helpfulfor the long-term prosperity and stable development.