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Donald Tsang
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Right of abode bill splits Legco

Donald Tsang

Legislators are split over a private member's bill submitted by Economic Synergy lawmaker Jeffrey Lam Kin-fung aimed at curbing the influx of mainland mothers giving birth in Hong Kong.

But even supporters of the proposal say that tackling the issue should be the administration's duty, not lawmakers', given that private bills rarely get off the ground.

Lam's legislative proposal, submitted to the Department of Justice, seeks to clarify a condition in the Immigration Ordinance that at least one parent of any child born in Hong Kong must be a permanent resident in order for the child to be granted right of abode.

'Approval from the Department of Justice will ensure all wordings satisfy the three qualifications listed in the Basic Law,' said Lam, referring to Article 74 of the mini-constitution, which says private bills can only be tabled if they 'do not relate to public expenditure, political structure or the operation of the government'.

The pro-business lawmaker will also have to submit the proposal to Legislative Council president Tsang Yok-sing and seek written consent from the chief executive, Donald Tsang Yam-kuen, whom Lam has already tried to lobby. 'The chief executive said he needs further study of my bill,' said Lam.

If successfully tabled, the bill will need to secure majority support from both functional and geographical lawmakers.

Pro-government parties signalled support for the bill if it can be successfully tabled. But Liberal Party chairwoman Miriam Lau Kin-yee said if Tsang could approve Lam's initiative, the government should introduce the change itself.

'We support any proposal that can alleviate the mainland babies problem,' Lau said. 'But if the chief executive approves the private bill based on the strict conditions in the Basic Law, he is in a better position to seek the change himself.'

Since a landmark Court of Final Appeal ruling in the case of Chong Fung-yuen in 2001, babies born in Hong Kong have been entitled to the right of abode regardless of their parents' immigration status. Legal experts say any change to the Immigration Ordinance that overturned that ruling would be unconstitutional.

Democratic Alliance for the Betterment and Progress of Hong Kong lawmaker Ip Kwok-him said: 'We will consider supporting Lam's bill, but the final decision depends on the bill's wording.'

But Democratic Party chairman Albert Ho Chun-yan, a solicitor, said such a proposal would be 'beyond the legislative competence' of Legco.

'The legislature does not have the power to initiate any change that challenges the decision of the judiciary,' he said.

While chief executive-elect Leung Chun-ying has announced a 'zero-quota' policy on private hospitals admitting pregnant mainlanders, Lam said: 'A free society should not restrict private activities.'

If Lam fails to table his bill before the current Legco term ends in July, it will have to start from scratch in the new Legco term starting in October.

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