(25 March 2013)
The Civic Party Welcomes the CFA’s Judgment and
Urges the Government Not to Seek an Interpretation from the NPCSC
The Civic Party welcomes the judgment handed down by the Court of Final Appeal today in the Foreign Domestic Helper’s Right of Abode case. The Civic Party has all along maintained that the Secretary for Justice’s request for the CFA to refer the case to the National People’s Congress Standing Congress for an interpretation is both unnecessary and lacking in legal basis. The CFA has rejected the request on precisely these grounds.
The Civic Party urges the Government to respect the CFA’s judgment as being the final and conclusive judgment on this matter and to refrain from seeking any further interpretation from the NPCSC, which would no doubt cause irreparable damage to Hong Kong’s rule of law.
The Civic Party respects the right of every person to seek judicial review and to be legally represented. At the same time, the Civic Party has always said that the judicial review does not mean and will not lead to FDH obtaining automatic right of abode after 7 years in Hong Kong. CFA’s judgment today is a testimony to the doctrine of the separation of powers in that our courts are there to independently decide legal issues in accordance with the law. It is up to the executive to resolve policy issues. The Civic Party believes that administrative measures are the most effective means to stop the so-called “Double No” mothers from coming to Hong Kong to give birth. If necessary, the Basic Law should be amended to resolve the matter once and for all.