Hong Kong's judicial independence at risk, warn pan-democrats
Amend Basic Law to solve problem of mainland mothers, says lawmaker for the legal sector
The decision by the government to invite the Court of Final Appeal to refer the right of abode issue to Beijing has been condemned as a "very inappropriate" move that endangers judicial independence.
The criticism came from pan-democrats who insist the proper way to address the problem of mainland mothers giving birth in Hong Kong - thus gaining right of abode for their babies - is to amend the Basic Law.
The move, which could bring the fifth interpretation of the mini-constitution by the Standing Committee of the National People's Congress, was a surprise. Top officials, including Chief Executive Leung Chun-ying, have said repeatedly that seeking an interpretation by the NPC would be a last resort.
Secretary for Justice Rimsky Yuen Kwok-keung said yesterday that the decision followed a detailed study by Department of Justice staff. The government had also sought independent legal advice from senior counsel in Hong Kong and Queen's Counsel in the UK, he said.
A source close to the department said the move was seen as the most appropriate option at the moment. "But after all it is up to the court to decide."
Speaking at a Foreign Correspondents' Club lunch last week, Leung said seeking NPC interpretation was one route to "tidy up the legal end", but "we will try not to use this route."