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blank.gif (49 bytes)28/02/1999, updated at 16:00        blank.gif (49 bytes)weather.gif (982 bytes)archive.gif (946 bytes)search.gif (947 bytes)

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NPC Legal Affairs Commission Spokesman on HK Court Statement

  The statement made by Hong Kong's highest court February 26 is necessary to clarify its previous abode right judgment, said a spokesman of the Commission of Legal Affairs of the National People's Congress (NPC) in an interview with the press.

  On January 29, the Court of Final Appeal (CFA) ruled that mainland children born to Hong Kong permanent residents had the right of abode in the territory, whether or not the parents were married or they were residents at the time the children were born.

  The ruling had produced strong repercussions in the Hong Kong Special Administrative Region (HKSAR) and aroused wide concern in the interior areas of the country.

  As contents of the January 29 judgment involve the explanatory right of the Basic Law of the HKSAR and the relationship between the Central Chinese Government and HKSAR, people of the legal communities from Hong Kong and the interior areas of the country have made harsh comments on different occasions.

  CFA Friday conceded it cannot question the authority of the NPC and its Standing Committee. Chief Justice Andrew Li said CFA had agreed to a Hong Kong government request to clarify certain parts of the controversial ruling giving the right of abode to mainland children born to HK parents.

  The NPC Legal Affairs Commission spokesman said: "We notice the saying in CAF's decision Friday that the judicial right of courts in HKSAR is entrusted by the Basic Law which stipulates under Article 158 the explanatory right of the law is up to the NPC Standing Committee."

  "NPC and its Standing Committee will perform its duties according to the principles of 'one country, two systems' and the Basic Law of the HKSAR," the spokesman added.

Indepth 1999-02-28 Page1

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