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Hong Kong courts
Hong KongLaw and Crime

Legal challenge to settlement scheme for mainland migrants thrown out, as judge says ‘court is not the ombudsman’

  • Judicial review lodged by Kwok Cheuk-kin quashed because power on setting daily quota for migrant scheme lies with Beijing
  • Critics have accused new migrants of flooding city’s overburdened hospitals

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Kwok Cheuk-kin is known for his numerous legal challenges against the Hong Kong government. Photo: Nora Tam
Jasmine Siu

Hong Kong’s High Court has thrown out an application to review a policy allowing up to 150 mainland Chinese residents to settle in the city daily, a scheme which has led to critics accusing new migrants of draining public hospital resources.

“The court is not the ombudsman,” Mr Justice Anderson Chow Ka-ming wrote in a two-page judgment, handed down on Friday. “The proposed judicial review cannot be reasonably argued.”

The legal challenge against the so-called one-way permit scheme was lodged by Kwok Cheuk-kin last month, demanding a court order for Chief Executive Carrie Lam Cheng Yuet-ngor to implement Article 22 of the Basic Law, the city’s mini-constitution.

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Kwok called on the court to fix the perceived maladministration that had harmed the public.

Travellers crossing border to Shenzhen from Hong Kong. Photo: Felix Wong
Travellers crossing border to Shenzhen from Hong Kong. Photo: Felix Wong
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His sentiment was shared by some public sector health care professionals, while Lam defended the policy, saying it was false and unreasonable to pick on the use of social resources.

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