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Arbitration: A Filipina domestic helper filed a Landmark Labor Suit in Hong Kong
HONG KONG—A landmark labor suit, filed by a Filipina domestic helper
seeking permanent residency in Hong Kong, has struck at the core of the
territory's often fraught relationship with its guest workers, and raised
fundamental questions about its judicial independence from
Evangeline Banao Vallejos has worked in
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Slideshow
Diana Jou/The Wall Street Journal
Foreign domestic workers gather in Central,
Lawyers will argue the case in the territory's High Court on Monday. Ms.
Vallejos's lawyer says the immigration statute discriminates against her and
violates the territory's Basic Law, the legal foundation
Permanent residency in
Human-rights advocates say a ruling in favor of Ms. Vallejos would represent a
significant step toward dismantling the system that treats domestic workers as
second-tier residents.
"Basically, the work that domestic helpers are doing—looking after
the children, looking after the elderly, doing the cooking and cleaning,
allowing the Hong Kong people to be able to work full-time—is a very
significant contribution to Hong Kong's economy," said Danilo Brolado, a
pastor at the New Beginnings Christian Fellowship.
Lam Thuy Vo/The Wall Street Journal
Benita Gebaya, who is from the
Working conditions for domestic helpers can vary greatly, with little to no
oversight by the government. Most live with their employers, who are required
to give their helpers at least one day off each week, though advocacy groups
say the time-off requirement isn't always honored. The government-mandated
minimum wage for domestic helpers is 3,740
Opponents of the effort to amend the labor law say prospect of allowing
domestic workers to stay permanently would lead to an influx of migrants and
their families, straining
"All this will pose a lot of effects on Hong Kong society as a
whole—on the job market, public housing, welfare and education,"
says Starry Lee, a lawmaker in the pro-Beijing party Democratic Alliance for
the Betterment of Hong Kong.
Ms. Lee says 100,000 workers would qualify for permanent residency, a figure
that couldn't be confirmed and which worker advocates dispute.
"What's at stake is the credibility of Hong Kong, of treating all
residents of
In a legal twist that is worrying some experts, politicians in the territory
are calling for the court to refer the case to
Regina Ip, a pro-Beijing lawmaker who says she would prefer to send the case to
the mainland, dismisses concerns over Hong Kong's legal system, saying that the
provision about consulting
Others see a referral to
"If they are not going to uphold and respect the courts and they are going
to
Benita Gebaya, 45 years old, worked for more than seven years in Hong Kong
before returning to the
"If the government will push through this right to abode, it's good for
us," she says. "We could have freedom and we could work not only as a
domestic worker." Ms. Gebaya has her sights set on moving to
Juliet, 46, a domestic helper from the
Source:
The Wall Street Journal Aug.22, 2011
To the Link Web:
http://online.wsj.com/article/SB10001424053111904070604576517911520701054.html
Arbitration: How to deal with China's Dynamic Arbitration Rules
While the
Most countries follow the UNCITRAL arbitration rules. Yet,
First, the establishment of an arbitration tribunal under
Second, CAR sets a time limit, which is not found in the UNCITRAL rules. The
UNCITRAL rules do not set a specific time frame for arbitration procedures.
Under CAR, the arbitration award must be rendered within 6 months after the
formation of the arbitration tribunal when the contract involves a foreign
contracting party.
Third, the time for submission of documents under CAR is limited. Parties must
submit their application for arbitration, defense, and counter claims within 45
days, and counterclaims by the defense must be submitted in 30 days. Under the
UNCITRAL rules, however, the arbitration tribunal may set the time limit for
submission of documents, at their discretion.
Fourth, CAR allows summary procedures; this is, an arbitration award must be
rendered within 3 months. The UNCITRAL rules, however, do not allow arbitration
summary procedures.
Fifth, CAR provides flexibility whereas UNCITRAL rules are more rigid. For
instance, under CAR, parties may independently obtain document translations
whereas the UNCITRAL rules mandate that only the arbitration tribunal may order
document translations. CAR allows parties to negotiate the appointment of the
president of the tribunal, whereas under the UNCITRAL rules, the president of
the tribunal must be appointed by two arbitrators or by the appointing
authority.
Lastly, CAR does not allow interim measures whereas the UNCITRAL rules allow
them. Interim measures may delay the arbitration process although they are
valuable in certain circumstances.
Definitely,
Source:
Martha L. Arias, Immigration & Internet Law Attorney; IBLS Editor
Thursday, August 25, 2011
link to website:
http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2452
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China
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CONTENTS
- China
Capital Markets
Door opens for HK investments in Chinese mainland stocks - Mining
Fight against illegal rare earth mining continues in - Shipping
and Maritime
Top Court to toughen sea pollution penalties - Patent
Analysis: - Immigration
NW China's
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China
China
A top Chinese official recently announced that the county would soon launch
the long-awaited RMB Qualified Foreign Institutional Investors (RQFII) program
and start an exchange-traded fund linked to
The official also introduced other polices on Aug. 17 for boosting Hong Kong's
development, but none of them have received as much market attention as the
announcement that qualified foreign institutional investors will be allowed to
invest in stock markets in the Chinese mainland with an initial quota of 20
billion yuan, and an exchange-traded fund linked to Hong Kong stocks will be
soon unveiled.
Thanks to the central government's efforts to boost the internationalization of
the RMB, Hong Kong investors will soon be allowed to buy RMB-denominated A
shares, and investors from the Chinese mainland will also be allowed to invest
in
Continue reading at: http://english.peopledaily.com.cn/90778/7576482.html
Mining-Fight against illegal rare earth
mining continues in China
Xinhua reported that although the government has been working to crack down
on illegal rare earth mining since last year, villagers from East China's
Mr Li Chukai head of the
Villager Mr Li Sida said that at another illegal mine, polluted water has been
diverted to the villagers' farms, destroying rice fields and killing off a
large number of fish and shrimp. Illegal rare earth mines were set up here
three years ago. They use ammonium sulfate and oxalate to extract rare earth
metals while contaminated water is pumped into farms without being treated.
Continue reading at:http://www.chinadaily.com.cn/business/2011-08/20/content_13155773.htm
Shipping and Maritime - Top court to toughen sea pollution penalties
Regulations on marine accidents must be improved, judge says
BEIJING - The country's top court plans to improve rules and regulations to
better handle rising disputes over marine pollution, a senior judge has said.
The remarks were made while ConocoPhillips China, the operator of two leaking
oil platforms in northern China's Bohai Bay, faces compensation demands for the
oil spills.
Existing laws and regulations on pollution cannot keep pace with the rapidly
developing marine economy, experts said. The maximum fine for marine pollution
is just 200,000 yuan ($31,000).
Liu Guixiang, president of the No 4 Civil Court under the Supreme People's
Court, said that China's liability fund for marine pollution is currently only
eligible for tanker spills.
Continue reading at:http://www.chinadaily.com.cn/bizchina/2011-08/24/content_13180910.htm
Analysis: China's telecom patent boom heralds innovation era
China's telecom giants are building up a war-chest of patents to help give
them an edge in the legal battles raging between the world's smartphone makers,
aided by Beijing's push to transform the country from workshop to innovator.
Huawei Technologies Co Ltd and ZTE Corp, China's top two telecommunications equipment
makers, are stealing a march on rivals both in traditional network gear and,
increasingly, high-end phones.
ZTE was the second highest filer of international patent applications in the
world last year according to the World Intellectual Property Organization,
making 1,863 different filings. Huawei was the fourth most active filer with
1,528 applications, having been in the top spot in 2009.
Patent filings are soaring across most sectors in China -- last year there were
313,854 patents registered in the country according to the Thomson Reuters
Derwent World Patents Index, a 12 percent rise from 2009.
China was the third highest filer of patents in 2010, just behind the U.S.,
which registered 326,945 and Japan with 337,497. Japan has been the leading
patent filer in the world for the past decade but its lead is narrowing, with
its filings volume down 12 percent since 2006. China is up 83 percent.
The China telecom space in particular is seeing a lot of action as the likes of
ZTE and Huawei, along with Taiwan's HTC move from being contract manufacturers
for big foreign firms to making smart phones and tablets under their own
brands.
Continue reading at:http://www.reuters.com/article/2011/08/25/us-china-patents-idUSTRE77O0VX20110825
Immigration: NW China's Gansu Province grants "green cards" to foreigners
Gansu Province in northwestern China on Thursday granted two foreigners with
permanent residence cards, or the Chinese version of "green cards."
It is the first time for the province to grant such cards since 2004, when
China allowed issuance of permanent residence cards to foreigners.
According to the exit and entry administration under the public security bureau
of Lanzhou, capital city of Gansu, the two foreigners were Fu Qiang and Wang
Muyin, a scholar and his spouse.
Fu and Wang are American-born Chinese, and their green cards were granted based
on an overseas talents program of Lanzhou University.
Continue reading at:http://news.xinhuanet.com/english2010/china/2011-07/21/c_131000923.htm
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Lehman, Lee & Xu is a top-tier Chinese law firm specializing in corporate, commercial, intellectual property, and labor and employment matters. For further information on any issue discussed in this edition of China Law News or for all other enquiries, please e-mail us at mail@lehmanlaw.com or visit our website at www.lehmanlaw.com.
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Lehman, Lee & Xu 2011.
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