New Beijing abode ruling on the cards

PUBLISHED : Monday, 14 May, 2001, 12:00am
UPDATED : Monday, 14 May, 2001, 12:00am

Updated at 5.43pm:
The Government is prepared to ask the top court to refer a Basic Law provision which was subject to Beijing's reinterpretation in 1999 for a second rulingn, a lawyer said on Monday in the Court of Final Appeal.

Barrister Gladys Li SC, for two adoptive children, says the move would be made by the Director of Immigration if the court was not satisfied that the June 1999 reinterpretation of article 24(2)(3) had dealt properly with the issue of whether adopted children from the mainland enjoyed the right of abode.

Tam Nga-yin, now 14, and Chan Wai-wah, now 4, are seeking the right to stay in Hong Kong as permanent residents according to the relevant provision in article 24 of the Basic Law.

The other applicant, Xie Xiao-yi, now 5, represented by barrister Patrick Szeto, is also seeking the same right.

The three children won their cases in the Court of First Instance but the ruling was overturned by the Court of Appeal.

The court determined that only children whose natural parents were permanent residents at the time of their birth qualify under the relevant part of the Basic Law.

Right of abode adoption case opens at top court