King's Law Journal, Forthcoming
Posted: 27 Jul 2011 Last revised: 10 Dec 2012
Date Written: July 26, 2011
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
Suggested Citation: Suggested Citation
Price, Rohan and Ho, Kong Shan John, Mainlanders as ‘Others’ in the Life and Law of Hong Kong (July 26, 2011). King's Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1895733