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The sword that never fell

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Cliff Buddle

A hushed silence fell over the crowded courtroom as Chief Justice Andrew Li Kwok-nang prepared to deliver judgment. There was a feeling that history was about to be made.

This was the moment 10 years ago on January 29 when a long-running legal battle over claims by mainland-born children to the right of abode was to reach its climax in the Court of Final Appeal.

It was also the first time since the handover that the top court had been asked to rule on issues of great constitutional significance.

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Two related judgments greatly expanded the number of mainland-born children with a parent who was a permanent Hong Kong resident, who could claim the right of abode under the Basic Law.

This prevented families from being split and came as a huge relief to claimants who had spent months fighting for the right to stay in the city. But the rulings also sparked fears that a huge influx of migrants would swamp Hong Kong.

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Significantly, however, the judges declared that the courts had the power to interpret the Basic Law and to strike down legislation which they found to be incompatible with it.

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