Political figures applauded the government's move in suggesting that the Court of Final Appeal (CFA) ask the Standing Committee of the National People's Congress (NPCSC) to review the right of abode issue. The consensus appeared to be that this would be the most effective way to deal with a long standing and difficult problem in Hong Kong.

Executive Councillor and New People's Party Chairman Regina Ip called the suggestion to the CFA "the smart move to resolve the right of abode issue once and for all", and a better choice than to have the Hong Kong government seek an interpretation directly from the NPCSC.

Saying it's up to the CFA to decide whether to seek the interpretation, Ip - who was secretary for security from 1998 to 2003, during which the right of abode cases occurred - said, "If the Court of Final Appeal accepts the Preparatory Committee's opinions that children born in Hong Kong shall only have the right of abode when one of their parents is a Hong Kong permanent resident at the time of their birth, the right of abode problem will be fully resolved."

In that connection, the government needs to amend the Immigration Ordinance and restore it to the pre-2001 version that specifies foreign domestic helpers and children born of non-residents do not have right of abode in Hong Kong, she added.

In the judgement on the Chong Fung-yuen case in 2001, the CFA ruled that Chong, who was born in Hong Kong while his parents were visiting on two-way permits, has right of abode regardless of his parents were not Hong Kong residents.

Asked if the Court of Final Appeal would thus have to reverse its previous judgment, Ip said, "The law is a living organism. Judges should not think their judgments are sacrosanct, as it is not uncommon in foreign countries for courts and judges to overturn their own decisions."

"It is a tough decision which may cause discomfort in the legal and judicial community. But for the interest of the wider public, many people will be happy to see the thorough settlement of the right of abode issue, knowing the Court of Final Appeal's decision on the Chong Fung-yuen case had caused a lot of pain to many people," she commented.

Meanwhile, Elsie Leung, deputy director of the Hong Kong Basic Law Committee and former secretary for justice, also said, "I agree with all applications filed by the government in accordance with the law, attempting to solve the right of abode issue."

On par with her, Tam Yiu-chung, chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, also concurred with the government's move, calling it "the suitable way and (at) the right timing, since the case of foreign domestic helpers will also clarify the definition of permanent resident of Hong Kong".

Believing it wouldn't be a problem for the court to correct its ruling on the previous Chong Fung-yuen case in 2001, Tam said the circumstances have changed from a decade ago. "The previous ruling was made at a time when there were very few babies born to non-local parents while now the numbers have snowballed."

You may contact the writers through joseph@chinadailyhk.com

(HK Edition 12/14/2012 page1)