The Court of Final Appeal (CFA) of the Hong Kong Special Administrative Region (SAR) Thursday made the verdict on the appeal for the right of abode that affects some 5,000 mainlanders.
The CFA ruled that over 1,000 right of abode claimants, who came to Hong Kong before January 29, 1999, will be permitted to live in Hong Kong, while the rest over 4,000 claimants, who came to Hong Kong after January 29, 1999, lost the appeal.
Among those 1,000 claimants who won the appeal, only some 30 people who came to Hong Kong before July 1, 1997 and declared their permanent residency, will be granted with the right of abode after the Immigration Department verified their cases.
For the rest nearly 1,000 claimants, the removal orders made against them will be quashed, but they must be subject to the re-consideration about their applications for the right of abode in Hong Kong by the director of the Immigration Department.
The over 4,000 right of abode claimants who lost the appeal will be granted with a "grace period" from now until the end of March to leave Hong Kong. The Immigration Department reserves the right to deport them if they continued to stay in Hong Kong after that deadline.
The question of right of abode has affected Hong Kong for four and a half years. The CFA said the judgment was made in accordance with the Basic Law and the interpretation of article 24 of the Basic Law by the Standing Committee of the National Peoples Congress (NPC) on June 26, 1999.
Hong Kong SAR Chief Executive Tung Chee Hwa said at a media briefing that the Court of Final Appeal has made a clear decision. "In Hong Kong, we respect the rule of law. I hope that all those affected will accept the court's decision," he said.
"Following discussions, the mainland authorities have agreed to allow a 'grace period'. Between now and the end of March, persons affected can return to the mainland and the authorities will not penalize them for entering Hong Kong illegally or for overstaying, " he said.
Tung expressed the hope that persons who are eligible will apply for the right of abode according to the established procedure to rejoin their families in Hong Kong.
(China Daily January 11, 2002)
