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HK handling of naturalised Chinese flouts law
Foreign-born Chinese citizens in Hong Kong may  not have to list the country where they were born on their passports for much longer as a result of a court  decision yesterday.
In the Court of First Instance, Mr Justice Michael Hartmann  ruled the Immigration Department's guideline that says naturalised citizens had to state their country of birth on their travel document was incorrect.
The decision follows an application for judicial review by immigration consultant and Hong Kong  passport holder Richard Aziz Butt,  also known as Aziz Akbar Butt.
Mr Butt had requested the place of birth on his passport be changed from  Pakistan to either the city of   Karachi or the province where he was born,  Sindh.
Mr Butt had  told  the Director of Immigration that he had been subjected to discrimination by border control authorities in other countries because of his place of birth. But the director rejected his application to remove the country.
The court  heard the director  had rejected Mr Butt's arguments in three letters, claiming Hong Kong had to conform to international regulations by bodies such as the International Civil Aviation Organisation.
But Mr Justice Hartmann ruled international bodies did not have laws governing the country of birth issue.
'The refusal is based on a mistake of fact which may more plainly be described as a mistake of law,' the judge said in handing down his ruling before a court packed with South Asian Hong Kong residents.
'That on its own is a good reason for quashing the decision and for  referring it back to the director for consideration under law.'
The judge emphasised it was up to the administrative process, not the court, to decide whether to change the requirements. He said countries such as Britain, Canada and South Korea did not require a new citizen to list his country of birth.  The judge said that, from his own experience, Australia did not either.
The government's argument that the rule was the same for all Hong Kong passport holders, who are also citizens of the People's Republic of China, was not applicable as the city had the sovereign authority to issue its own passports.
This  authority meant the government must ensure the freedom of travel of all passport holders. The judge said there were  'compelling  arguments' from the evidence  from Mr Butt and those known to him that the naming of the country of birth  had interfered with this freedom.
Mr Butt said outside court he hoped the decision would help all ethnic minorities who had suffered difficulties while travelling.
'Hong Kong is my heart and China is my heartbeat. However, when it comes to law in Hong Kong, we do not need to follow the mainland,' he said.
'This is a matter of public interest. We have people who were not even born in Pakistan having to have  Pakistan written on their passports.'
Mohammed Aslam, 75, a former Hong Kong police sergeant, said he was overjoyed at the  decision.
Hassen Shah, who was  in  court, said he had been waiting for the decision before applying to have his place of birth changed to the city of Sialkot.
Senior legal sources described Justice Hartmann's decision as a 'breath of fresh air'.
'It's rare for the Court of First Instance to find against the Immigration Department,' one said.
A department spokeswoman  said  it would have to see the written judgment before deciding whether to appeal.



Judge rejects passport rule on birth country