On 10 January 2003,
a year after most of the 9000 claimants lost their
battle for residency rights, more than 1200 failed
abode seekers remained in Hong Kong. The Court of
Final Appeal ruled on 10 January 2002 that all but
about 500 of the 5114 appellants had failed in their
claims. Most of a further 4000 abode seekers in HK a
year ago failed to benefit. Hotline issued
UA020124(2) to support a call for the Hong Kong
government to respect the right to family reunion by
expanding concession for the abode seekers to remain
in Hong Kong.
Among more than
9000 claimants, 4721 returned to the mainland before
the 31 March 2002 deadline ending the grace period. A
further 2812 claimants have returned or been removed
to the mainland since 1 April 2002, including 11
failed claimants who were arrested at their homes on
10 January 2003. It was reported that those who were
repatriated had difficulties in applying to visit
their families in Hong Kong even as a tourist.
About 210 abode
seekers have been allowed to stay - 26 for
humanitarian reasons and the rest on the grounds that
they had a legitimate expectation that the government
would carry out the ruling of the Court of Appeal
handed down on 29 January 1999, which was in favour
of the abode seekers.
Among the remaining
1200 plus, 467 cases are still being processed by the
Immigration Department. An Immigration source said
that the Department was confident it could track down
those who had absconded.
Ngai Siu-lai,
chairwoman of an abode seekers' parent group, said
they would continue to fight for claimants' rights.
Her group has been critical of the Hong Kong
government for seeking the June 1999 reinterpretation
of the Basic Law by National People's Congress of
People's Republic of China, that overturned Hong
Kong's Court of Final Appeal ruling that year.
Jackie Hung
Ling-yu, from the Justice and Peace Commission of the
Hong Kong Catholic Diocese, said: "The
government said last year that it would discuss with
the mainland government the possibility of creating
more channels for the failed claimants to settle in
Hong Kong. But has anything been done so far?"
Sources:
South China Morning Post
Justice and Peace Commission of the Hong Kong
Catholic Diocese