A permanent resident was granted leave by the Court of Final Appeal on Aug 25 to challenge the Hospital Authority on its practice of charging higher fees for obstetric services to pregnant women from the mainland at Hong Kong's public hospitals. 

The applicant, 72-year-old Fok Siu-wing, had been dismissed twice, in 2008 and 2010, on the same challenge to the Hospital Authority. 

On the previous occasions, Fok was representing his son and his daughter-in-law, a mainlander, who were charged HK$150,000 for obstetric service when their baby was born in December 2007. 

The fees were waived by the Hospital Authority in 2010 at the urging of the Court of Appeal. 

The court said it would be unlawful if the authority refused to reconsider waving or reducing the fee. 

Denis Chang Khen-lee, who represents Fok, offered his submission that the surcharge policy towards mainland women was "unconstitutional and unfairly discriminatory", especially in the cases where the mainland woman is married to a permanent resident of Hong Kong. 

Chang argued that the policy disregards the fact that "these expectant mothers are holders of two-way permits and are awaiting receipt of one-way permits, while, in the meantime, they reside, for the greater part of the time, in Hong Kong". 

Chang contended the women cannot simply be treated as visitors, and should be exempted from the surcharge. 

Justice Kemal Bokhary asked if the debate may be academic, since Fok's daughter-in-law had already become a Hong Kong resident. 

Chang argued the case is a matter of breaching the principles regarding objects and purposes of the Hospital Authority Ordinance. Among those articles is a charge "to improve the environment in public hospitals, to meet the needs of patients". 

He added that the case is concerned with the public interest, and that the case may serve as a reference, since there have been 75 similar examples in which spouses were denied fee-waivers despite the fact that the husbands are permanent resident. 

Senior counsel Russell Coleman, representing the Hospital Authority, however, said that none of the other 75 cases appealed. 

He also said that the authority had already waived the service fee for Fok. 

Fok welcomed the court's decision to hear the case. The hearing has been scheduled for February 2012. 

"I am not satisfied with the current situation that expectant women from the mainland still have to pay a higher fee in Hong Kong, though in our case the fees were waived. There will be a lot more people like us who will still bear the pain. Therefore I will be persistent with the appeal," Fok said. 

The Hospital Authority declined to comment on the ruling, saying that the case is still before the courts. 

andrea@chinadailyhk.com