The right of abode in Hong Kong - Essay Example

? The right of abode in Hong Kong The paper discusses on Children born of mothers whoare non- Hong Kong lasting Residents who are entitled to the rights of residence in Hong Kong with pursuance to the judgment of Chong Fung Yuen and the Director of Immigration (2001). It discusses the scenarios that the local Government ought to consider and also lays the individual perspective of the most desirable prospective. The identified issues are compared to the Basic Law and immigration policies of Hong Kong (Siu and Ku, 2008). Discussion Director of Immigration Chong Yuen was a case in 2001 in the Court of Appeal, Hong Kong. The Chief Justice Andrew Li, in the Court's undisputed opinion, confirmed lower court decisions that China citizens born in Hong Kong had the right of abode despite the Hong Kong immigration condition of their mothers. A middle-class family from the mainland chooses to give birth while in Hong Kong so that their offspring can get right of entry to the city’s high-quality healthcare and education systems and eventually enjoy a better value of life. Due to the guiding principle of “One Country, 2 Systems,” Hong Kong might be an ideal abode for those who wish to evade the mainland’s single-child policy (Siu and Ku, 2008). High number of new births has besieged obstetrics departments in both private and public hospitals in this city: beds at obstetrics divisions are in short in supply; obstetrics sectors in private hospitals cost more; and turnover of medical staff has enlarged, leading to increased grumbles from locals about mainland puerperal profiting at the disbursement of the local population. To ease tensions, the government enacted various new measures including reducing yearly quotas for nonresident puerperal and raising their health care expenditure (Siu and Ku, 2008). As the government tightens power over mainland puerperal giving birth in Hong Kong, a number of mainland expectant parents resort to illegal ways. They cover up their pregnancy from the customs officers so as to enter Hong Kong, and then hang around until the last minute to rush into public hospitals without prior reservations. Out of kind considerations, hospitals have to receive these mothers. Government consideration Population policy The government ought to review the population policies, with picky references to mainland mothers birthing in Hong Kong city. Many lawmakers would say that these babies born here not only strain obstetric services for local parents, but also put pressures on healthcare, education, welfare, and housing services in the city (Siu and Ku, 2008). The government should consider responding that the question of children born of parents of both non-Hong Kong lasting residents can be viewed positively as they may turn into new blood of the aging population. The government should review the population policies suiting for long-term growth. The government should question if children mothered by nonlocal parents could actually relieve the aging population question. Again the Hong Kong SAR government should strive for the authorities to vet the daily ration of 150 individual-entry permit hopefuls (Siu and Ku, 2008). The government should take a look back to the chief secretary-led direction-finding committee for not making an announcement of any population policy reviews, leaving this population policy to fail to keep up to the current state. Interpretation of the Basic Law The government needs to note that the local population could increase by about 90,000 every year (with 40,000 of these children born of nonlocal parents). It should be worried the situation might be out of control and therefore need to seek for an interpretation of the applicable Basic Law provisions on residence rights of such category of children. Conversely, the Special Administrative Region (SAR Government) lacks continuing plans in its allocation and governance of finances, resulting in makeshift policies (Siu and Ku, 2008). Citizens believe the final way out lies in the interpretation of provisions once more on the "right of habitat" in Hong Kong Basic Laws by the Standing Committee. Strain on resources Local citizens are the principal target recipients of healthcare services in the city. And only when there are spare service quotas will Hong Kong’s healthcare services and obstetric services be then rendered to non-Hong Kong populace (Siu and Ku, 2008). The government should remember the power to vet the individual-entry permit hopefuls rests with the mainland’s authorities. The issue of most mainland women hurrying to the emergency wards of hospitals at the last hours before delivery affects local residents seeking genuine hospital services. Citizenship The government should review the issue of kids whose mothers are noncitizens, and if they ought to be granted the right of abode. The mainland husbands or wives of Hong Kong citizens are supposed to be differentiated, identifying their plight of not to obtain obstetric services in the city of Hong Kong (Siu and Ku, 2008). View in accordance with the Basic Law and immigration policy. I would consider the, Interpretation of the Basic Law; the ruling leads to fears of a heavy influx of noncitizen women in quest of to give birth in Hong Kong’s public hospitals. The Immigration Department needs take steps to deal with the problem of women entering Hong Kong unlawfully, which is projected to deteriorate resulting from that ruling. Illegal immigrants and overstaying mothers should be deported regardless of their children's rights of domicile. The pleas to seek an NPCSC reinterpretation should not ignored. In the future, increase in the statistics of mainland mothers birthing in Hong Kong adds strains on Hong Kong's healthcare sector and therefore, the government ought to go clean on the matter to clarify who holds the right of abode. The interpretation will assist to adopt administrative procedures to control public spending in the influx; among other controls, which include tightened residency minimum requirements on applications in Comprehensive Social Security Aid. Basic Law of Hong Kong In detail of the Basic Law, Article 24, Hong Kong residents include non-permanent and permanent residents (The basic law of the Hong Kong Special Administrative Region of the People's Republic of China, 1996). Permanent residents of the Special Administrative Region are: 1) Chinese people born in Hong Kong prior to or after the institution of the Hong Kong individual Administrative Region; 2) The Chinese citizens who have customarily resided in Hong Kong for a unremitting period of not less than 7 years before or subsequent to the institution of the Hong Kong Special Administrative area; 3) Those of Chinese nationality born away from Hong Kong of those occupants listed in the first and second category 4) Persons who are not of Chinese population but who have joined Hong Kong with valid travel documents, customarily resided in Hong Kong for a constant period of not less than 7 years and have declared Hong Kong as their place of lasting residence earlier or after the institution of the Hong Kong Special Administrative area; 5) Persons below 21 years and born in Hong Kong of the residents listed in category (4) earlier or after the institution of the Hong Kong Special Administrative area; and 6) Persons excluding those residents listing in categories (1) to (5), who, prior to the institution of the Special Administrative Region, had the rights of abode only in Hong Kong (The basic law of the Hong Kong Special Administrative Region of the People's Republic of China, 1996). According to the basic law, it is clear that the above qualify to obtain permanent identity cards stating their rights of abode and vice versa. References Siu, H. F., & Ku, A. S. (2008). Hong Kong mobile making a global population. Hong Kong: Hong Kong University Press. The basic law of the Hong Kong Special Administrative Region of the People's Republic of China. (1996). Hong Kong: Printed by the Government Printer. Read More