Just Cause or False Hope?
Just Cause or False Hope?    

12th November, 2000 Sunday Examiner

The Justice and Peace Commisstion presents the personal stories of two mainland-born children of Hong Kong residents caught up in the right of abode dispute.

HONG KONG (SE): "I am used to living on my own. Ever since I was 10, I studied alone, cooked and ate alone. When I was sick I went to see the doctor alone," Ah Oi, a mainland-born daughter of a Hong Kong resident explained. She gave up her home and job on the mainland and moved to Hong Kong to be with her family after the Court of Final Appeal (CFA) declared on 29 January, 1999 that the children of Hong Kong residents have right of abode in the territory according to the Basic Law. She had been applying for residency in Hong Kong for more than 10 years but had been unsuccessful.

"When I first came to Hong Kong, I thought how lucky the kids were. They have everything they want and more, they have parents by their side. They are not like us, but we are all Chinese! Just because we were born in different places, our lives are worlds apart. I don't understand.

"My parents are legal Hong Kong residents. Why can't I come over to take care of them? The Basic Law is very clear, so clear that even illiterate people can understand. But why didn't the government understand? Why did it turn to Beijing for a reinterpretation of the law? The Court of Final Appeal gave us residency last year, and yet we still have to suffer.

"Why are we looked down upon by Hong Kong residents? Yes, we were born in the mainland, but aren't we also entitled to the same basic human rights and human dignity? We gave up everything in the mainland but that doesn't mean that our lives are empty. Where is the respect for human rights? Where is the respect for the rule of law? Do Hong Kong people care?

"When I was still in Hong Kong, I joined the demonstrations in the hope that our case would be heard. I had never expected our calls to be answered by pepper spray. It really hurt!"

Ah Oi could not control herself any more. Her body shock as she sobbed but not a sound could be heard. The interview fell into the silence of her tears.

"We were hated even more by Hong Kong citizens after the assault on the Immigration Office. The Hong Kong government threatened to send us back across the border. I wonder how many people care about how we feel. We are against violence! Had the government respected the verdict of the CFA, I would say the tragedy would not have happened. Who would give up his life to get an ID card?"

Ah Shou, also fighting for residency, said he would stay and fight in Hong Kong, no matter what the cost. "This is a simple question of right and wrong. There is no ambiguity. The government has not been just or fair and has laid all the blame and responsibility on us. Even if we lose the coming appeals, history will show who was right."

Ah Shou came to Hong Kong at the end of 1998 when the CFA was about to announce its verdict on the residency issue. All he is concerned about is caring for his ageing father who has tuberculosis and is confined to bed. Every morning Ah Shou gives his father his medication and monitors his breathing machine. He then has to take his crippled mother to the toilet and prepare breakfast. Ah Shou's father was born in Hong Kong.

In 1983, Ah Shou, together with his mother and younger brother began applying for residency. They hoped the family could live together. The mainland government granted a permit to his mother in the mid-80s. Ah Shou appealed to the mainland government to grant a permit to either his brother or himself because his crippled mother could not take care of his father. Approval was not forthcoming. It was argued that if one of the sons were granted Hong Kong residency, the remittance sent from the parents to the family in the mainland would be much less and could affect the local economy.

"According to mainland law, a second family member can only be granted residency 10 years after that of the first one. My mother applied again for us 10 years after she arrived in Hong Kong, but we had exceeded the age limit by then. Is it my fault that I grow up? I cannot wait forever. The mainland's policy is also forever changing.

"If you go back to the Basic Law and the CFA verdict, I have the right to stay. I will not be bullied by the Hong Kong government. No matter what, I know we will win because it is the people and the rule of law of Hong Kong that lose in the end."

The Italian priest closely associated with the right of abode applicants, Father Franco Mella, aptly summarised the situation: " They do not claim they have the right to stay, they have the right to stay in the first place." The media has described the applicants as "people who claim to have the right to residence". This reveals how little they are respected. Yet, here is a group of people more dedicated to fighting for their rights and beliefs than any political party in Hong Kong! Moreover, the intensity of their struggle out-performs many local activists.

On 29 January 1999, the CFA ruled unanimously that all children of Hong Kong residents are entitled to right of abode, whether their parents had Hong Kong citizenship at the time of their birth or not. Yet the following month, the government arrested 17 mainlanders who were demanding their residency rights outside the Government Offices in Central. When they lost their appeal in the district court at the end of February 1999, the government arrested all those mainlanders who had overstayed their permits in the hope of winning the right of abode case. They were verbally and physically abused while in detention and many of them were threatened with being sent back to the mainland.

In April of the same year, the government claimed that the number of mainland children who would qualify to come to Hong Kong as a result of the CFA verdict could amount to 1.67 million. Media headlines that followed, such as, "Hong Kong will explode" and "The land will sink", injected fear into the hearts of Hong Kong people who saw such an influx as a threat to their way of life. In May, the SAR government turned to the central government for a re-interpretation of the Basic Law. On June 26, the National People's Congress overturned the ruling of the CFA and offered a new interpretation of the Basic Law. Only those mainland children who were born when one of their parents was a permanent Hong Kong resident could apply for right of abode.

On 3 December, the CFA itself repealed its own earlier ruling, shattering the hopes and dreams of countless families. When a dozen mainlanders set themselves alight in the Immigration Office on August 2, and in the process killed one of their own and an immigration officer, many Hong Kong people threw their support behind the government's position. Fingers were pointed to Fr Mella and the organisations that had been supporting the mainlanders. They were accused of encouraging false hopes.

The mainland applicants were finally forced to return across the border and told to apply for residency in the traditional manner.

As Christians, it is our duty to promote peace, but we must not forget our mission to struggle for social justice. Very often when we stand up to injustice, we also find ourselves at odds with society, the state, or the privileged classes. Conflict is inevitable and we may be labeled as radicals or as in this case, "the invisible black hand". But we should understand that our duty as Christians to promote justice and human rights is not just a slogan -- it should not be reduced to empty words. It involves taking action and often means taking the side of the deprived or the poor, sharing their pain and their struggle.

At every Mass, we repeat the same prayer, "Our father in Heaven, hallowed be your name. Your kingdom come. Your will be done on earth as it is in Heaven." It is our duty to attempt, with the help of the Holy Spirit, to build God's kingdom on earth. This is not a false hope.

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