Mother Who Abandoned 12-Year-Old Son in a Hong Kong Hospital Appeared in Court July 31

Reignites debate on “double non-permanent resident” issues

In response to the influx of non-permanent resident children from mainland China, a group of parents in Hong Kong's North District staged a rally to rebuke the Secretary for Education Eddie Ng for his incompetence and demand that local students be given priority in attending kindergartens in the district, on Oct.7, 2013. (Ms. Choi Man Man / Epoch Times)

A mainland Chinese woman who abandoned her 12-year-old son in the Kwong Wah Hospital on July 21 has attracted widespread media attention. The abandoned boy, Chen Hongru, was born in Hong Kong to parents who were both non-permanent residents.

On July 30, police confirmed that the boy’s mother had arrived back in Hong Kong on July 29. The 37-year-old woman, with the same surname Chen, was arrested and charged with suspicion of “ill-treatment or neglect by those in charge of a child or young person.” The case was heard in Kowloon City Magistrates’ Court on July 31. After the hearing, Ms. Chen was released on bail with the condition that she reports to the police each week and does not leave Hong Kong until the full hearing on Sept. 11.

It was reported earlier that Chen Hongru traveled with his mother to Hong Kong by high-speed train from Nanchang, Jiangxi, on July 18, and that he was admitted to the Kwong Wah Hospital in the early morning of July 21. His mother claimed that the boy was suffering from diarrhea and coughing. Around noon that day, Chen Hongru told a nurse that his mother had abandoned him. The boy said that his mother had told him to convey that message to the nursing staff after he had seen the doctor. The nurse who received the message was shocked and reported the incident.

At that time, police conditionally filed the case under “ill-treatment or neglect by those in charge of the child or young person.” After police applied to the juvenile court for a child protection order on July 22, the boy was placed in residential care in the Tuen Mun Children and Juvenile Home of the Social Welfare Department (SWD). The SWD stated on July 24 that Chen Hongru is in good health, emotionally stable, and participating in group activities at the “Home.”

The Epoch Times asked the police if there had been similar cases of abandonment of children by “double non-permanent residents” in the past. They said that there had not been any such cases previously.

The incident has sparked heated discussions among many commentators. Some pointed out that because the boy had been raised to the age of 12 and was able to travel on a high-speed train to Hong Kong, his parents would not necessarily be poor. Given the possible legal ramifications, another area of doubt focused on whether the boy’s mother would return to Hong Kong to reclaim her son.

Worries About Hong Kong Becoming a ‘Child Abandonment Paradise’

On July 24, writer Fung Hei-kin wrote that he believed the incident was “premeditated.” Firstly, the boy’s mother intentionally traveled to Hong Kong to give birth 12 years ago. This gave her son the prerequisite to obtain Hong Kong residency status. The parents seemed well-informed regarding regulations in Hong Kong. They brought their son of 11 years back to Hong Kong and applied for a Hong Kong ID card, at an appropriate time for him to begin secondary school.

Mr. Fung also pointed out that mainland universities usually set lower admission thresholds for students with Hong Kong identities than for mainland Chinese candidates. The basic admission requirements for Peking University or Tsinghua University are only four major DSE subjects (Chinese, English, Mathematics, and General Studies) on 4 points.

Mr. Fung thinks many mainland parents understand that by changing their child’s identity to Hong Kong residential status, their child will enjoy the assessment concessions. Mr. Fung believes that by abandoning her son in Hong Kong, the parents can enjoy all the benefits of being a Hong Kong resident, including savings on education and living expenses. The next step could be applying for public housing when the son becomes an adult. By that time, the parents could apply for a move to Hong Kong on the grounds of “family reunion,” he noted.

Mr. Fung pointed out that because the boy has a Hong Kong identity card and the right of abode, he cannot be deported. If his mother decides not to return to Hong Kong, she will only be liable for child negligence charges. If this situation occurs, there will be the worry of similar incidences arising in the future. Hong Kong could become “a paradise for child abandonment,” he wrote.

Boy’s Mother Returned to Hong Kong More Than a Week After the Incident

It was not until July 30 that the police announced, with the cooperation of the Mainland Public Security Bureau, that the boy’s mother had successfully obtained a second visa. Due to the time required to process the visa, she did not arrive in Hong Kong until July 29.

Ms. Chen was arrested by police on a charge of “ ill-treatment or neglect by those in charge of the child or young person.” after entering Hong Kong by high-speed rail. Informed sources said that she had been told her son could get a better education if he stayed in Hong Kong and that she had decided to abandon her son in Kwong Wah Hospital and return to mainland China that same day.

Children of ‘Double Non-PR’ Parents May Become HK’s Hidden Population Bomb

The “double non-permanent resident” issue stems from the Hong Kong Court of Final Appeal’s ruling in 2001. The ruling concerned Zhuang Fengyuan, a boy born in 1997, whose parents came to Hong Kong using a “two-way exit permit.” Even though his parents were mainland residents then, he still had the right of abode in Hong Kong.

Following on from the “Zhuang Fengyuan” case, as long as the child is born in Hong Kong, even if neither parent is a permanent resident of Hong Kong, the newborn still enjoys the right of permanent residency. Later, with the implementation of ”Freedom of Travel” in 2003, the number of children born in Hong Kong to non-permanent residents increased steadily, reaching a peak of 35,736 in 2011, accounting for more than one-third of the number of newborns in Hong Kong.

Under pressure from various groups voicing their concerns about the increased numbers of local pregnant women competing for hospital beds, the government announced a ‘zero quota’ policy in 2012. In 2013, under the new policy, public and private hospitals no longer needed to take appointments for non-permanent resident women wishing to give birth, where their partner was also a non-permanent resident.

Since 2013, the annual number of newborns from double non-permanent resident females has decreased significantly from the tens of thousands to a few hundred. Nevertheless, the total number of double non-permanent resident infants born in Hong Kong is over 200,000, representing 3 percent of the 7.4 million population. This situation led to disputes over the competitive allocation of school-age children’s places and the fair distribution of social welfare and medical resources.

In 2012, the Hospital Authority reported that 6 percent of pediatric patients admitted to public hospitals in Hong Kong were children of non-permanent residents. In 2011, 20 children requiring cancer treatment were born to non-permanent resident parents. This represented a fourfold increase from the previous five years, with each treatment costing over HK$1 million (US$140,000). Between 2005 and early 2012, there were 35 new cases of children diagnosed with thalassemia major, with only 12 of the children being born to Hong Kong residents. According to the Hospital Authority, this situation has stretched the limits of public health care.

The Chen Hongru incident has highlighted the possibility of more children becoming abandoned in Hong Kong.