Two of the top judges who will decide whether to ask Beijing to clarify a previous interpretation of Hong Kong's residency laws were involved in the original case.
Mr Justice Patrick Chan Siu-oi and Mr Justice Robert Ribeiro, permanent Court of Final Appeal judges, were on the bench when the court decided in 2001 to grant residency to children born in the city regardless of their mainland parents' immigration status.
This means that if the court accedes to the government's suggestion that it refer the issue back to the National People's Congress Standing Committee, the pair will be involved in a decision that could result in their own earlier ruling being overturned.
Chief Justice Geoffrey Ma Tao-li also represented the government in the case that resulted in the 1999 interpretation. The historic links have raised questions about whether there is any conflict of interest, actual or apparent, and whether the judges are under pressure to make the decision.
At issue is whether the opinions of the pre-handover Preparatory Committee in 1996, that Chinese citizens born when either or both parents resided lawfully in Hong Kong and were permanent residents, formed part of the 1999 interpretation and is therefore binding on the courts.
If it is, children born in Hong Kong to mainland parents who are not permanent residents will be denied residency, contrary to current practice. The government suggested on Wednesday that the top court, which decided in 2001 that the Preparatory Committee's opinions were not binding, should ask Beijing to clarify the matter.