Mainlanders as ‘Others’ in the Life and Law of Hong Kong

Abstract:     
This article assesses the significance of the colonial period in the development of the Hong Kong Chinese identity and contends that the recent maternity ward cases before the courts involving Mainland women legally entrench Hong Kong identity with use of a “reasonable” discrimination concept which ignores the historical transience of Chinese peoples in Hong Kong and the proximity of the border. The central argument is that border closure in the early 1960s and British assimilation of extant refugee populations created the Hong Kong identity on a foundation of Mainlander “otherness” and these policies began the modern practice of legal discrimination against Mainland people. It also essays whether, in light of economic convergence of the Mainland and Hong Kong, the maternity ward controversies and the exceptional of position of Mainlanders under the Race Discrimination Ordinance will have lasting significance.

Keywords: Discrimination, Mainland Chinese, Hong Kong Identity, Right of Abode, Maternity Fees in Hong Kong Hospitals

JEL Classification: J71, J78

Accepted Paper Series