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Hospital charges for mainlanders 'biased'

The Hospital Authority's policy of charging extra fees to pregnant mainlanders with Hong Kong husbands is discriminatory because it deprives the baby's right to local health care and welfare, a court has heard.

The women, who are required to pay HK$39,000 to book a bed in a public hospital, should be eligible for subsidised medical service because they are spouses of a local resident, the court heard.

The arguments were made yesterday by senior counsel Denis Chang Khen-lee in the Court of First Instance, seeking a judicial review of the policy on behalf of Fok Siu-wing.

Mr Fok was unable to pay the fees arising from the birth of his daughter-in-law's baby at a public hospital last December. Mr Fok, who is on public assistance, has said his daughter-in-law, Zeng Lixia, should be entitled to free medical services as his son is a Hongkonger.

In October 2005 Ms Zeng married Mr Fok's son, Fok Chu-wa, who is moderately mentally retarded. Although her husband is a Hong Kong resident, Ms Zeng's application for a single entry permit is still pending.

The court heard Ms Zeng was found to be pregnant in May 2007 when she was admitted to Princess Margaret Hospital.

Under the policy which went into effect in February of last year, Ms Zeng was charged HK$39,000 for a package comprising prenatal check-ups and a hospital stay of three days and two nights. The government has said the influx of pregnant mainland women, who want to gain residency rights for their children, had strained health facilities.

But the Fok family could not afford the fee. Mr Fok wrote letters to the Hospital Authority, the Health, Welfare and Food Bureau, the chief executive, and Premier Wen Jiabao, but was told no exemptions were made, even for families on welfare.

Mr Chang argued that the policy discriminated against the Fok family by depriving them of the right to health care.

And the baby was Hong Kong permanent resident upon birth, Mr Chang argued.

The hearing continues today.

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