Right-of-Abode Interpretation Precedent / 居港權釋法先例

Definition

Right-of-abode interpretation precedent is the source’s frame for 董建華’s 1999 request for a mainland interpretive decision over Hong Kong right-of-abode issues.

Current Synthesis

The episode treats the right-of-abode interpretation as a constitutional turning point. It argues that Tung’s request created a precedent in which Hong Kong legal questions could be decided by a mainland political institution behind closed doors, reshaping the relationship between local law and Beijing authority.

Key Claims

• The 1999 right-of-abode case is presented as a legal and institutional precedent, not only an immigration dispute.
• The precedent shifted Hong Kong legal settlement toward mainland political interpretation.
• The episode treats this as one starting point for later Hong Kong-mainland institutional tension.

Evidence

• Precedent claim: 董建華逝世：「愛國者元老」的香港人生 says Tung actively sought the interpretation over right of abode.
• Legal-political meaning: 董建華逝世：「愛國者元老」的香港人生 argues this opened the precedent that Hong Kong law could be decided by a mainland political organ.
• Integration legacy: 董建華逝世：「愛國者元老」的香港人生 connects the precedent to the wider reorder of Hong Kong-mainland relations.

Counterevidence & Qualifications

The source does not present the court judgments, Basic Law articles, government legal argument, or affected-family perspectives in detail.

What Changed

• Created the legal-precedent concept for the Tung-era governance branch.

Related Concepts

• Post-Handover Hong Kong Governance / 回歸後香港管治 - system in which the precedent was created.
• Hong Kong-Mainland Integration Legacy / 中港融合遺產 - wider integration and tension frame.
• Hong Kong Chief Executive Legitimacy / 香港特首認受性 - institutional legitimacy issue adjacent to legal interpretation.