Great expectations: Why mothers flock to the city

A court ruling in 2001 that gave permanent resident status to children born in Hong Kong to mainland parents has become an incentive for mainland mothers to give birth in the city.

The children's status was confirmed in the Court of Final Appeal case of the Director of Immigration v Chong Fung-yuen.

Under article 24(2)(1) of the Basic Law, Hong Kong permanent residents are defined as Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region.

The highest court decided that Fung-yuen, who was born in Hong Kong in September 1997 when his parents were here on two-way permits, was a Hong Kong permanent resident. It ruled that children of two-way permit holders, overstayers or illegal immigrants had residency status as long as the child was a Chinese citizen born here.

But the status of these children does not entitle their parents to live in Hong Kong. The 150 one-way permits granted daily does not include the category of mainland parents' reunion with their Hong Kong resident children.

Since children born in Hong Kong automatically become permanent residents, subject to eligibility, they are entitled to a range of benefits, including social security, education and health care. The Social Welfare Department has received 40 welfare claims in the three months to October by children born here to mainland parents who are not Hong Kong residents.