The Court of Final Appeal's (CFA) Monday ruling against granting permanent residency to foreign domestic helpers (FDHs) has ultimately put an end to a two-year long legal battle that has divided the Hong Kong society.

But the final court's decision not to seek a clarification from the National People's Congress Standing Committee (NPCSC) on the right-of-abode conditions stipulated in the Basic Law could have left room for future disputes on the issue.

While disputes over the permanent residency claim of FDHs have been settled, controversies remain over the right of abode for children born in Hong Kong of mainland residents with no right of abode, which could lead to more legal battles in the future.

A previous ruling by the CFA in 2001 affirmed lower court decisions that mainland citizens born in Hong Kong enjoy the right of abode regardless of their parents' Hong Kong immigration status. As a result of this ruling, pregnant mainland women have been flooding local hospitals until the SAR authorities recently resorted to administrative measures - setting up a quota for mainland residents giving birth here - to block the influx, which has strained the local healthcare system and caused public discontent.

In the absence of an NPCSC clarification, which is expected to nullify the 2001 CFA ruling, Hong Kong authorities must consistently resort to administrative measures to prevent pregnant mainland women from giving birth in the city.

While the effectiveness of these administrative measures remains in question, they have put the local authorities at risk of facing future legal challenges over judicial reviews. Had an NPCSC clarification - as suggested by the Department of Justice of the HKSAR - been sought, the right-of-abode issue would have been solved once and for all.

The author is a current affairs commentator.

(HK Edition 03/26/2013 page9)