Urgent Appeal Updates...
Respect Family Reunion as a Basic Human Right   UA 020124(2)
 
31 July 2006

60 right-of-abode seekers’ parents took their demand to the streets on 12 June 2006. In response, the government statement said it had explicitly stated its policy and stand on the matter. Although a meeting was arranged on 20 June between the Association for Parents Fighting for the Implementation of their Children’s Right of Adobe and the Security and Immigration Bureau, the meeting failed to bring any progress.

According to the Immigration Department, there are still 150 abode claimants still hiding in Hong Kong. During the peak of the right-of-abode saga about 6 years ago, there were as many as 8,000 claimants residing in Hong Kong. Most of them chose to return to the mainland before the grace period set by the government which ended in March 2002.

In 2002, Hotline Asia issued
UA 020124(2) to appeal that all the PRC-born children of HKSAR residents who were already in Hong Kong before 10 January 2002 with a court case filed, receive the right-of-abode.

Source:
South China Morning Post

31 May 2004

In January 2002, after the decision of the Court of Final Appeal (CFA) denied 4,600 children of HKSAR residents their right to family union, Hotline Asia issued UA020124(2) to support calls for the Hong Kong authorities to give concession to allow them to receive the right-of-abode. Their right was previously confirmed by the CFA in its 29 January 1999 ruling, but was later deprived after the HKSAR government requested reinterpretation of the related Basic Law Articles by the National People's Congress Standing Committee (NPCSC) of the People's Republic of China (PRC) on 26 June 1999.

According to the local source, in April 2004 - three years after the deadline for failed right-of-abode applicants to be deported - the Immigration Department of Hong Kong reported that 343 of them are believed to be hiding. Since the CFA judgment in January 2002, it was reported that 194 failed claimants have been allowed to stay on grounds that they had a legitimate expectation, while 77 were allowed to stay on special humanitarian grounds under the discretionary powers of the Immigration Department.

Meanwhile, in May 2004, Beijing's liason office in Hong Kong revealed that they have sent a report to the central authorities on the demands of the 7000 mainland born children of HK parents who were denied the right of abode following the NPC's 2001 Basic Law interpretation. The developments come after a series of meetings since 2003 with various failed abode seekers. According to the source, political analysts believe the move is a vote-getting exercise ahead for Legislative Council polls in September, and aimed to reduce support for the pro-democracy camp.

While there is still no visible progress about the right-of-abode issue, groups fighting for children's right-of-abode vowed to continue to the fight for residency for their PRC-born children.

Source:
South China Morning Post

 
23 January 2003
Abode Saga still alive after one year

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