Couple heavily fined for HK-born 2nd child
By Claire Wang |
00:08 UTC+8 August 25, 2011
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Print Edition
Print Edition
A COUPLE from an east China city whose second child was born in Hong Kong were fined 250,000 yuan (US$39,115) by local authorities for violating family planning policies.
The couple from Changzhou, Jiangsu Province, who already had a son, were not eligible for having a second child under China's family planning policy.
However, they obtained permanent residence permits for The Republic of Niger in 2008 and the wife gave birth to a boy in Hong Kong in March 2009, Yangtze Evening News reported yesterday.
The couple thought they have successfully circumvented the Chinese mainland one-child policy, reported the newspaper.
But after receiving notice of the hefty fine, the couple filed a lawsuit against the local family planning authority, demanding it withdraw the penalty.
The couple asserted the family planning policies didn't apply to them because they had obtained the permanent resident permits for Niger and thus gained legal status as overseas Chinese.
In addition, their second son was a citizen of Hong Kong and the responsibility of social upbringing was borne by the special administrative region's government.
But the court found the couple didn't meet the requirement of overseas Chinese as they still have hukou - permanent residence permits for Chinese mainland - in Changzhou where they mainly live.
The National Population and Family Planning Commission clearly stated in 2007 that mainland citizens who acquire permanent residence permits in foreign countries but never lived in those countries should still abide by family planning policies.
The couple paid the fine and withdrew the lawsuit, the report said.
Increasing numbers of mainland women go to Hong Kong to give birth to additional children, who are entitled to citizenship of the special administrative region.
Hong Kong's permanent residency, known as "green card," entitles them to the city's social welfare, including high-quality education, free medical care and a passport with visa-free access to more than 100 countries.
The number of babies born to Chinese mainland mothers in Hong Kong rose from 13,000 in 2004 to more than 40,000 in 2010.
The couple from Changzhou, Jiangsu Province, who already had a son, were not eligible for having a second child under China's family planning policy.
However, they obtained permanent residence permits for The Republic of Niger in 2008 and the wife gave birth to a boy in Hong Kong in March 2009, Yangtze Evening News reported yesterday.
The couple thought they have successfully circumvented the Chinese mainland one-child policy, reported the newspaper.
But after receiving notice of the hefty fine, the couple filed a lawsuit against the local family planning authority, demanding it withdraw the penalty.
The couple asserted the family planning policies didn't apply to them because they had obtained the permanent resident permits for Niger and thus gained legal status as overseas Chinese.
In addition, their second son was a citizen of Hong Kong and the responsibility of social upbringing was borne by the special administrative region's government.
But the court found the couple didn't meet the requirement of overseas Chinese as they still have hukou - permanent residence permits for Chinese mainland - in Changzhou where they mainly live.
The National Population and Family Planning Commission clearly stated in 2007 that mainland citizens who acquire permanent residence permits in foreign countries but never lived in those countries should still abide by family planning policies.
The couple paid the fine and withdrew the lawsuit, the report said.
Increasing numbers of mainland women go to Hong Kong to give birth to additional children, who are entitled to citizenship of the special administrative region.
Hong Kong's permanent residency, known as "green card," entitles them to the city's social welfare, including high-quality education, free medical care and a passport with visa-free access to more than 100 countries.
The number of babies born to Chinese mainland mothers in Hong Kong rose from 13,000 in 2004 to more than 40,000 in 2010.
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