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Following is a question by the Hon James To and a written reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (January 23):

Question:

The Court of Final Appeal ("CFA") made a judgement on July 20, 2001 that a Chinese national born in Hong Kong had the right of abode ("ROA") in Hong Kong, although neither of his parents had been settled or had the ROA in Hong Kong at the time of his birth or at any later time. In this connection, will the Government inform this Council:

(a) of the current number of people who have been affirmed the ROA in Hong Kong in accordance with this judgement; and of the formalities they need to go through for confirmation of their ROA; and

(b) whether it has assessed if the existing provisions in the Immigration Ordinance (Cap. 115) (including the schedules) are consistent with the judgement made by the CFA; if the assessment concludes that is the case, of the justifications for that; if the assessment concludes otherwise, of the provisions that should be amended, how they should be amended, and the timetable for such legislative amendments?

Reply:

Madam President,

(a) On July 20, 2001 the Court of Final Appeal (CFA) decided in the Chong Fung Yuen case that according to Article 24(2)(1) of the Basic Law, a Chinese citizen born in Hong Kong before or after July 1, 1997 is a Hong Kong permanent resident, regardless of the residential status of his or her parents.

According to the Immigration Department's record, during the period from the resumption of sovereignty to July 19, 2001, a total of 6 762 persons were eligible for the right of abode in Hong Kong in accordance with the CFA's ruling. This figure does not include persons who had their births registered before the resumption of sovereignty and who can benefit from the judgment of the Chong Fung Yuen case. The Immigration Department has not compiled statistics on these cases. In the light of the judgment, the Immigration Department has made arrangements to verify or amend, by appointment with these 6 762 persons or their representatives, the "permanent resident status" column as recorded in their birth registration entries. No fee will be charged for the amendment and replacement of their birth certificates (except those who have lost their birth certificates). This process is near completion.

For other persons who are Chinese nationals and claim to be born in Hong Kong and entitled to the right of abode, they may submit an application to the Immigration Department if they possess specific supporting documents (such as a birth certificate issued in Hong Kong). For those who are currently residing outside Hong Kong, they can make an application for entry to the Immigration Department by post. The application should be submitted with particulars of a contact person in Hong Kong. Upon receipt of the application, the Immigration Department will notify the contact person to attend an interview and furnish the relevant supporting documents and information on behalf of the applicant, so that the Department can consider whether the applicant has the right of abode in Hong Kong.

(b) The relevant provision in the Laws of Hong Kong is paragraph 2(a) of Schedule 1 to the Immigration Ordinance which provides that -

¡§(a) A Chinese citizen born in Hong Kong -

(i) before July 1, 1987; or

(ii) on or after July 1, 1987 if his father or mother was settled or had the right of abode in Hong Kong at the time of his birth or at any later time¡¨

is a permanent resident of the HKSAR.

Legislative amendment to paragraph 2(a) of Schedule 1 is necessary to bring the provision in line with the CFA's judgment. According to section 59A of the Immigration Ordinance, the Legislative Council may by resolution amend Schedule 1. Government intends to introduce a resolution into the Council early this year. Pending completion of the legislative procedures, the Immigration Department has been processing the relevant cases in accordance with the CFA's judgment.

End/Wednesday, January 23, 2002

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