Intersection of Law and Ethics in Hong Kong

1578 Words7 Pages
Intersection of Law and Ethics : Immigration Law, Right of abode in HKSAR

This paper is to investigate the case of recent action taken by the Hong Kong Government to suspend new bookings of obstetric service from non-local pregnant women in public hospital, especially to those mainland women, in order to protect right of Hong Kong women. The sudden cut affects a group of mainland women with spouse as Hong Kong permanent residents and they complain the injustice phenomenon, that arise ethical dilemma to discuss which is the aim of this paper.

The Hospital Authority in Hong Kong announced on 8 April, 2011 that public hospitals have immediately stopped accepting new bookings of obstetric service from
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Despite various ethical problems arise, the Government has put its society interest, the value of society economy, to the highest priority.

According to the Census and Statistics department, the cross-border marriage between HK men and mainland women was several times of increase since 2001 to 2006 . Although no direct relationship, but it is likely that the cross-border birth is in a trend of increase, too. Sadly that the Government has ignored these families. First of all, as in the mainland maternity case in the Court mentioned above, the HK father has to pay non-local fee for his wife’s obstetric services in a HK public hospital, and then the right of abode of his babies will be deprived under the recent rule enforced. The justice issue is not only a comparison among these families and those “purely HK parents”, but also appear on those HK mothers and non-local fathers, who are not under the exclusion blanket of obstetric services, too. So both are “mixed families” but why the latter families enjoy the right while the former are deprived?

If Ethics defines what is good for individual and society, and being justice is the concept of moral rightness of an individual , then it is unethical to be injustice and depriving one’s rights. In this case, the HK Government is applying tighter rules on mainland mothers , at the same time restricting those cross-border families and also ignoring the justice in
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