 放大圖片
■要根本地解決「雙非」問題，由終審法院自行糾正錯判是最佳的做法。 資料圖片
行政長官梁振英上月底表示，入境處紓緩「雙非」孕婦來港產子的行政措施行之有效。為根本地解決「雙非」問題，除了有法律方面的工作要做，還希望聽取社會各方面的意見。事實上，「雙非」問題根源在於「莊豐源案」的判決賦予了「雙非」子女可取得居港權。任何行政攔截措施只能治標，不能治本。現時距離來年實施「零雙非」新規定只餘下幾個月時間，當局應盡快通過法律途徑取消「雙非」子女的居港權，以免到時無法做到「零雙非」而造成新的衝擊。
1996年基本法籌委會通過的《關於實施香港基本法第二十四條第二款的意見》，以及人大常委會在1999年就「吳嘉玲案」所作出的釋法內容，均清楚表明父母均非港人而在本港出生的兒童並不能取得居港權。然而，終審法院判決卻未顧及《基本法》的立法原意和人大釋法內容，對所有在港出生的「雙非」子女授予居留權。解鈴還須繫鈴人，由終審法院自行糾正錯判是最佳的做法。正如律政司司長袁國強早前提出，當局可研究將「雙非」問題帶入司法制度之中，尋求法院就此問題作出聲明，確定雙非所生子女是否擁有居港權。
The right of abode for "double not" children must be dealt with promptly
The Chief Executive Mr Leung Chun-ying said at the end of last month that the administrative measures taken by the Immigration Department have been effective in mitigating the problem of "double not" mothers giving birth to their children in Hong Kong. To solve the problem completely, there is a need to make legislative moves. Besides, Leung also wished to listen to various views of the community. The problem of the so called "double not" in fact stems from the court judgement on the "Chong Fung Yuen" case, which granted the "double not" children the right of abode. Any administrative intervention measure can have only temporary effect but cannot get rid of the problem altogether. Now, there is only a few months left before the implementation of the new regulation of "zero quota for double not mothers" in the coming year. The authorities have to take legislative moves as soon as possible to rescind the right of abode to "double not" children so as to avoid new repercussions that may be caused if the "zero quota" cannot be achieved.
Pursuant to the Opinions on the Implementation of Article 24(2) of the Basic Law of Hong Kong passed by the Preparatory Committee in 1996, and to the content of the interpretation on the Ng ka Ling case made by the Standing Committee of the National People's Congress in 1999, it is clear that children born in Hong Kong to parents neither of whom is a Hong Kong resident will not enjoy the right of abode in Hong Kong. However, the Court of Final Appeal, ignoring the legislative intent of the Basic Law and the content of the interpretation made by the National People's Congress, granted the right of abode to all "double not" children born in Hong Kong. Whoever started the trouble should end it. The best way to solve the problem is for the Court of Final Appeal to reverse its wrong judgement of its own accord. Just as the Secretary for Justice Mr. Rimsky Yuen stated earlier, the authorities may consider referring the "double not" problem to the judicial system and seek a court declaration on the issue to determine whether or not children of "double not" parents have the right of abode in Hong Kong. ■Translation by Tung-ming(tungming23@gmail.com)
逢周五見報
|
放大圖片
