The head of the Basic Law Institute has weighed in on the debate over mainland women giving birth in Hong Kong, saying it has never been the legislative intent of the Basic Law to grant the right of abode to everyone born in the city.
Alan Hoo, who is also a delegate to the Chinese People's Political Consultative Conference, pointed to a consensus reached during talks held by the Sino-British Joint Liaison Group in 1993 that only those born in the city with a parent who is a Hong Kong resident could have right of abode.
Hoo cites a booklet issued by the pre-handover immigration department in 1997 that states its understanding of the agreement of the then joint liaison group on the right of abode issue.
The booklet, referring to Article 24 of the Basic Law, states a Chinese citizen born before or after the handover will be regarded as a Hong Kong permanent resident and have right of abode provided a parent was residing in Hong Kong at the time of birth.
A similar interpretation was adopted in a statement made at a Legislative Council security panel meeting in April 1997 by the then director of immigration. Such an interpretation, of course, would have been made after the Basic Law was adopted in 1990.
Hoo urged Beijing to seek consent from London to release the details of the diplomatic discussions the two sides had over the issue at the time.