Top court to give landmark judgment on right of abode issues
The Court of Final Appeal's ruling will decide whether foreign domestic helpers have the right to apply for permanent residency after living in the city for seven years.
Hong Kong's top court will hand down a landmark judgment today with far-reaching implications on right-of-abode issues facing foreign domestic helpers and children born in the city to mainlanders.
The Court of Final Appeal's ruling will decide whether foreign domestic helpers have the right to apply for permanent residency after living in the city for seven years.
The judges will also decide whether to accede to the government's controversial request to ask Beijing to clarify its 1999 interpretation of the Basic Law's Article 24, which sets out those qualified for permanent residency in Hong Kong.
The request is perceived as the government's attempt to resolve in one go the right-of-abode issues concerning both domestic helpers and children born here to mainland parents. Critics say it threatens Hong Kong's judicial autonomy.
Two law professors say that if the top court decides not to seek Beijing's interpretation, the government should not on its own approach the central government to seek one.
"The government may too readily seek help from Beijing when it is not required," said Michael Davis, of the University of Hong Kong. "Generally … the law within a system operates independently."