Two teenage brothers whose family has lived in Hong Kong for more than 100 years finally won permanent residency yesterday.
Judges on the Court of Appeal overturned a decision denying the boys, of Pakistani origin, the right of abode. The victory for the brothers, aged 15 and 16, could affect almost 100 other people in a similar situation.
The boys lost a lawsuit lodged on their behalf in the Court of First Instance earlier this year. Mr Justice Andrew Chung On-tak ruled in January that the boys' father, who was not born in the territory, was subject to immigration controls at the time of their births.
As a result of their successful appeal, the two boys have become permanent Hong Kong residents. The Registrar of Births and Deaths has been ordered to change the status on their birth certificates free of charge.
A spokesman for the family said they welcomed the appeal court judgment. It is understood that apart from Pakistanis, the ruling could affect people including Canadians, New Zealanders and Singaporeans.
The birth certificates for Syed Asim Hussain, 15, and his brother, Haider, 16, did not give them right of abode when they were born. They stated their abode status was 'not established'. They were denied the right to apply for British passports because of this.
The Government said the boys' father, Syed Pervez Hussain, a 52-year-old businessman, was not settled in Hong Kong at the time of their birth, having lost his 'belonger' status under immigration laws introduced in 1971.
