Migrant children born before their parents secured the right of abode will be excluded from the landmark battle with the Government, a judge heard yesterday.
The Legal Aid Department has refused to provide public funding for the many children who fall into this category because it does not believe they have a realistic chance of winning.
They now face removal from Hong Kong, although some have lodged High Court appeals against the Director of Legal Aid's decision.
Others may throw themselves on the mercy of the Bar Association and Law Society in the hope lawyers will take on their case free of charge.
Philip Dykes, SC, representing children who have been granted legal aid, said the test cases selected for the court battle did not cover those born before their parents became permanent residents.
He told the judge: 'The Director of Legal Aid has refused to grant legal aid in a very great number of what have been called unmeritorious cases.' By the end of last week the Legal Aid Department had received 1,335 applications in relation to child migrant cases.
