| On 6 December,
the South China Morning Post, an English
newspaper in Hong Kong, published an
article about seven-year old twins who
have no school to attend because they are
not legally allowed to stay in the
territory. The twins are awaiting the
outcome of their "right of abode"
(right to legally reside in Hong Kong)
application. The Hong Kong
Special Administrative Region (SAR)
government has allowed the children to
stay in Hong Kong while their
applications are being processed, but at
the same time has refused them the right
to go to school.
Local
human rights organisations estimate there
are about 100 mainland children aged from
three to 15, like the twins, who are
barred from attending school. Some have
lived in Hong Kong for as long as five
years.
Children's
rights activists, have started a petition
campaign among all 450,000 secondary
school students in Hong Kong in support
of allowing these mainland children to
attend school. The signatures will be
submitted to the Security Bureau of the
SAR government and the UN's Committee for
the Rights of the Child, which will
conduct a hearing on how Hong Kong
implements the convention it signed in
1994.
From
the government's point of view, the
Security Bureau said that lifting the ban
on the children, who are either
overstayers of illegal immigrants, would
send a message that the government had
softened its stance on immigration
offenders.
Moreover,
to allow the so-called soon-to-be-repatriated
children to attend school would
contradict its policy of early
repatriation. The SAR government claims
that the ban did not contravene the
international convention.
The
night after the news was reported, Bishop
Joseph Zen, coadjutor bishop of the
Catholic Diocese of Hong Kong, promised
school places for the 100 mainland
children, in defiance of the SAR
government's ban. The offer by the
Catholic Church's schools in the
territory was greeted with delight by
human rights activists and some children,
but the Education Department of the SAR
government refused to say if it would
allow the move to go ahead.
Bishop
Zen, together with many Catholic
individuals and orgnaistions, have been
closely and actively involved in the
right of abode issue. One of these is the
Justice and Peace Commission of Hong Kong
Catholic Diocese.
Though
many agreed that '(Bishop's) decision
reflects the heart of a genuine religious
and educational worker who will not
discriminate against children of any
background', the government comments
otherwise.
The
government source warned any school which
admits the children without approval from
the Education and Immigration departments
while they wait for the results of their
abode applications could be committing a
crime.
The
battle between legal system, individual
rights, and social conscience will
continue.
Bishop
Zen mentioned that the Church would
resort to civil disobedience as a last
resort if the government insists on
enforcing its position. He said 'I would
not mind being prosecuted personally.
However, I need to notify the Catholic
schools of the risk. I cannot force
individual schools to resort to civil
disobedience - this is something very
serious and I don't want to see that. But
the Church will hire lawyers for those
who decide to follow us.'
With
acknowledgement to Stella Lee, chief
reporter, and the South China Morning
Post, 6-7 December 2001.
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