A ruling by Hong Kong’s Court of Final Appeal has been hailed for reinforcing the rule of law in the Special Administrative Region (SAR) and underscoring the autonomy of its legal system. In a unanimous decision the Court declared that three-year-old Chong Fung Yuen , born while his mainland parents were in Hong Kong, was entitled to stay in the SAR.
“The Court of Final Appeal’s decision is important in that it affirms Hong Kong’s legal autonomy from the Chinese mainland,” said Professor Albert Chen who is Dean of the Faculty of Law at the University of Hong Kong and a member of the Committee for the Basic Law, the SAR’s mini-constitution.
“It is an important ruling for the business community because it reinforces confidence in the rule of law in Hong Kong and people can be assured of separation from the Chinese mainland. It clarifies the relationship between Hong Kong and China’s legal system, that common law principles will continue to be used, and mainland laws are not necessarily applicable to Hong Kong,” he said.
Although the Government has expressed concern that as a result of the ruling there may be an influx of mainland women coming to Hong Kong to give birth, it confirmed that it respects the Court’s judgement and will take appropriate measure to implement its decision.