..July, 1997, approximately 66,000 children born to couples of which one is a Hong Kong resident and one is a mainlanders were waiting to come to Hong Kong, and around 2,000-4,000 children who had entered the territory illegally or overstayed visit permits were estimated to be in Hong Kong." (Cattelain, 1997) Marriage between individuals and the resulting bearing of children has proved problematic to the mainland in terms of regulations and it is stated in Cattelain's work that "One of the first issues that the newly created Hong Kong Special Administrative Region (HKSAR) has had to dealt with his pitted an individual right against a community's capacity to absorb large numbers of new immigrants at one time." (1997)
VII. Basic Law Regulating Children Born Outside of Hong Kong with Parent in Hong Kong
It is held under Article 24(3) of the Basic Law that if the child is born outside of Hong Kong and has a parent with permanent residence in Hong Kong then that child has "the right of abode in Hong Kong after July 1, 1997." (Cattelain, 1997) All the individuals on the waiting list felt sure that the right of abode would become effective however, it is reported that this is not the case. Smuggling children into the country has become a problem. Children born outside the territory seeking permanent Hong Kong residency obtain prior endorsement of their right of abode in the form of a "Certificate of Entitlement" issued by the Immigration Department. The Bill empowers the Director of Immigration to deport children who have entered illegally or overstayed. The government stated that the bill was merely administrative, containing "detailed provisions for the application of Article 24(3)of the Basic Law." (Cattelain, 1997)
When asked in an interview whether such an administrative measure effectively deprived the children of their right, Elsie Tu, a Provisional Legislature member and veteran politician, said: "What do you mean by right? Do you mean that those who have come illegally have the right while those who are waiting are going to lose their priority for schooling and housing? Can you tell me how we can find schools and housing for 66,000 children? Or why we should give priority and privileges to those who have been brought in illegally?" (Cattelain, 1997) Controversy still exists for those who are involved in cross-border marriages. Relationships between individuals in Hong Kong and China are stated to "...cross the rigid boundaries which have divided Hong Kong from China." (Cattelain, 1997) a Cultural Revolution occurred in Hong Kong and specifically working class men working blue-collar jobs. Difficulty in finding a mate resulted in men marrying women from where they originated however "these wives do not have the right of abode; and their children did not have it either until July 1, 1997." (Cattelain, 1997) in order to be granted this right it is required that mainlanders make application for a "One Way Entry Permit, under a quota system meant to facilitate family reunion." (Cattelain, 1997) Stated in the work of Cattelain is a "major deficiency of the system...that mothers nd children may not arrive in the territory at the same time. Because more permits are allocated to children, they often come earlier than their mothers." (Cattelain, 1997)
VIII. Analysis of the "Mess" (Ho Hei-wa: Director of Society for Community Organization
This is stated to be simply "a mess" by Ho Hei-wah, director of the Society for Community Organization (SoCO), a major Hong Kong NGO" with a longitudinal history in service provision experience for new migrants including avocation for their rights." (Cattelain, 1997; paraphrased) the needs of families reuniting has been overlooked by the Chinese government and Hei-wah stated: "Many split 'pseudo-single parent' families have been created as a result, with attendance family, marital and child-care problems. Some men have had to leave their jobs to take care of their children and then rely on social welfare to survive." (Cattelain, 1997)
IX. Proponents of the Bill: Rationale
Those who support this bill which includes both the government as well as members of the Provision Legislature, since they did pass the bill "reject the criticism that the measure states an alarming precedent by allowing administrative convenience to override basic rights." (Cattelain, 1997) the problem is that the Basic Law absolutely 'guarantees' these children the right of abode and additionally guarantees them residency in Hong Kong on a permanent basis." (Cattelain, 1997) it is reported that Law Yuk-kai, Hong Kong Human Rights Monitor,...
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