China Revises Court Decision of Hong Kong

BEIJING — China’s legislature revised a Hong Kong court ruling on immigration today, issuing a narrowly worded decision with far-reaching implications for the independence of the territory’s judiciary.

The executive committee of China’s National People’s Congress ruled that Hong Kong’s Court of Final Appeals erred by not consulting the mainland legislature when deciding which Chinese citizens had the right of abode in the territory.

In the decision, carried by state-run media, the congress’ Standing Committee reasserted China’s right to decide issues that concern both the mainland and Hong Kong.

The committee criticized Hong Kong’s Court of Final Appeal for infringing on China’s sovereign right by misinterpreting the Basic Law, the mini-constitution used by the former British colony since its return to Chinese rule two years ago.

The Hong Kong court ruled in January that any mainland Chinese with at least one Hong Kong parent has the right to live in affluent Hong Kong. The Hong Kong government fears that this could overwhelm the already congested territory.

Hong Kong’s government, led by Chief Executive Tung Chee-hwa, had asked Beijing to intervene by finding that the Hong Kong courts did not interpret the constitution correctly. Hong Kong is hoping Beijing puts a new spin on the case that would limit the number of would-be immigrants to just 200,000.

Lawyers for the would-be migrants said Friday they will keep fighting, no matter what the Chinese lawmakers decided.

The issue was the first major dispute between Beijing and Hong Kong courts since the hand-over from British rule two years ago.

Lawyers and human rights activists here say the territory’s freedoms stand to be eroded by Chinese lawmakers’ “reinterpretation” of Hong Kong’s constitution that effectively throws out the decision from Hong Kong’s Court of Final Appeal.