Why can a child born in Hong Kong become a Hong Kong hukou?

Because the laws of Hong Kong stipulate that China citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region can enjoy the status of permanent residents of Hong Kong.

Chapter III, Article 24 of the Hong Kong Basic Law gives children who go to Hong Kong the right to obtain Hong Kong permanent resident status, which legalizes mainland children who go to Hong Kong to obtain Hong Kong permanent resident status. One of the conditions for permanent residents of the Hong Kong Special Administrative Region is: China citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region.

This statement comes from the precedent result of a case in 200 1 Hong Kong. "Zhuang Fengyuan case" provides a legal basis for Hong Kong children to obtain permanent resident status in Hong Kong.

Extended data

"Zhuang Fengyuan case" has promoted the development of children in Hong Kong, and its specific cases are:

Zhuang Yaocheng, the grandfather of Zhuang Fengyuan, 1978 came to settle in Hong Kong from the mainland of China. His son Zhuang and his daughter-in-law both live in Shanwei City, Guangdong Province, and have never obtained the right of abode in Hong Kong. 1On September 29th, 997, Zhuang and his wife gave birth to Zhuang Fengyuan when they came to visit relatives in Hong Kong with two-way permits. In June of the same year, 5438+065438+ 10 yue zhuang's parents went back to the mainland, and Zhuang Fengyuan stayed in Hong Kong to live with his grandparents.

According to the then Hong Kong Immigration Ordinance, Zhuang Fengyuan was not a permanent resident of Hong Kong, so he stayed in Hong Kong illegally. Therefore, in April 1999, the Immigration Department sent a letter reminding Zhuang Yaocheng that Zhuang Fengyuan had no right of abode in Hong Kong and would be repatriated. Zhuang Yaocheng refused to accept it, so he filed a lawsuit in the Hong Kong High Court on behalf of Zhuang Fengyuan.

The Court of First Instance of the High Court ruled that Zhuang Fengyuan won the case, saying that the relevant provisions of the Immigration Ordinance violated the Basic Law of the Hong Kong Special Administrative Region on the basis of "China citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region" as defined in Article 24, paragraph 1, of the Basic Law, so Zhuang Fengyuan is a permanent resident of Hong Kong.

The Hong Kong government refused to accept the judgment, and the Court of Appeal upheld the original judgment and finally appealed to the Hong Kong Court of Final Appeal. On July 20th, 20001year, five judges of the Court of Final Appeal unanimously upheld the original judgment. ?

Although there was public opinion at that time asking the Hong Kong Government to ask the Standing Committee of the National People's Congress to interpret the Basic Law again, the Hong Kong Government ultimately failed to do so. Subsequently, the Government amended the Immigration Ordinance in accordance with the judgment of the Court of Final Appeal.

The ruling of the Court of Final Appeal of the Hong Kong Special Administrative Region enabled a mainland child whose parents were not Hong Kong residents to confirm the identity of Hong Kong people. Hong Kong implements case law, which means that all China citizens born in Hong Kong can enjoy the status and welfare of Hong Kong people.

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