One of the most controversial topics in Hong Kong today is the large number of mainland women who come to the city to give birth. Hoping to stem the tide, incoming chief executive Leung Chun-ying has proposed a 'zero' quota to stop pregnant mainland women who do not have Hong Kong husbands from giving birth here. In the latest SCMP debate, we asked local lawmakers and mainland and Hong Kong women how they view the issue, what impact it has on them and what solutions they propose. The mothers did not want their faces shown for privacy reasons.
Regina Ip Lau Suk-yee
Lawmaker and former secretary for security
Q1 Incoming chief executive Leung Chun-ying has proposed there be a 'zero quota' for mainland women who don't have local husbands giving birth in Hong Kong. Will this and other administrative measures be effective in preventing such women giving birth in the city? What other administrative measures should the next government introduce?
The question of whether administrative measures would be adequate to counter the influx of mainland pregnant women was raised at a meeting the chief executive-elect held in early April with prominent lawyers to discuss the right of abode issue. The legal experts confirmed that the Hospital Authority's quotas for mainland pregnant women had no legal basis. It remains unclear how the Secretary for Food and Health can compel private hospitals to stop admitting mainland women in order to give priority to local women, or require them not to exceed certain quotas, in the absence of specific legal authority to do so. The private hospitals could ignore the secretary's instruction if they are determined to play hardball. Be that as it may, it appears that Mr Leung's warning that there would be a zero quota next year, and that he could not guarantee that mainland babies born in Hong Kong would have the right of abode, has had some deterrent effect. This is in spite of the fact that his comments were not based on any discernible legal provisions and he has not yet assumed office as chief executive!
As for stopping pregnant women at control points, immigration officers are relying on existing provisions in the Immigration Ordinance. But it is not easy to detect pregnant women by adopting a simple 'eyeball test'. Although some health officials are stationed at some control points, the government needs to deploy a lot more of them for much longer hours to enhance the ability of frontline staff to intercept pregnant mainlanders. Moreover, it is hard even for trained health officials to determine whether a woman is pregnant beyond a certain term without the necessary medical equipment. So reliance on administrative measures alone would prove elusive in stopping the entry of mainland pregnant women seeking the right of abode for their children.
Q2 Some lawmakers and commentators argue that administrative measures are not enough. They point out that apart from the influx of women coming to give birth, there is the issue of right of abode for children born in Hong Kong to mainland mothers who do not have local husbands. Should the next government take measures through other channels, such as an interpretation of the Basic Law, to tackle the issue?