Cross-border marriage: legal and cultural dimensions

CROSS-BORDER MARRIAGES BETWEEN HONG-KONG and MAINLAND CHINA: AN INVESTIGATION of the RATIONALE & CULTURAL, SOCIOECONOMIC and GEOPOLITICAL FACTORS of CROSS-BORDER MARRIAGES

The following study will research and examine cross-border marriages in the country of China to mainland Hong Kong, which will be a study of the direction of the migration, flows involving women leaving poorer regions to go to richer ones. This work will specifically examine cases of inter-regime marriages between Hong Kong and mainland China and as well will examine when this trend started and will analyze the cultural, socioeconomic and geopolitical factors that lead to cross-border marriages between local-born Hong Kong men and mainland Chinese women. This work will examine the rationales behind the intermarriage of individuals with very different attributes and as well the social changes that are connected to these cross-border marriages and how it has changed and what the situation is like today. Investigated as well in this study will be the social environment problems such as cross-border concubines, marriage brokers, legal and illegal-increases in fake marriages of convenience as women marry into more desirable locations within and beyond China's borders, creating a shortage of brides in more remote rural regions. Furthermore, this work will examine the increase of cross-border childbirth and the cultural differences that can lead to shattered expectations. Finally, this work will examine the harsh immigration and social welfare policies exercise by the government of the People's Republic of China and of the Hong Kong SAR in the form of immigration controls to discourage cross-border marriages. This study will show that those who suffer the most from cross-border marriages and the regulations in processing between Hong Kong and mainland China are a group of individuals helpless and often living in a state of fright and psychological harm due to rules and regulations on processing individuals between Hong Kong and the mainland China.

METHODOLOGY

The methodology of this study is one of a qualitative and interpretive nature and will be conducted through an extensive and thorough review of literature in this subject area. Literature reviewed in this study will be of an academic and profession peer-reviewed nature published in journals, books or articles.

LITERATURE REVIEW

I. Background of the Study

The work of Bernard Chan entitled: "Post-1997 Hong Kong: The Social and Environmental Impact" states that in Hong Kong: "In the 1980s and '90s, the barbed wire fences, lookout posts and other security facilities were seen as vital defenses against illegal immigration and in general for keeping Hong Kong secure and separate. Today, the border sometimes seems more of a hindrance than a help." (Chan, nd) Chan additionally states that there over the past twenty years families living below the poverty line have risen from ten percent to approximately twenty percent. It is noted by Chan that these family separations lead to "infidelity, family disputes, and so on." (nd)

II. Cross-Border Marriages and Rationale in Choice of Partner

The work of Edward Jow-Ching Tu entitled: "Cross-Border Marriage in Hong Kong and Taiwan" states: "When people choose marriage partners, they evaluate the 'worth' of the prospective partner. The 'worth' is determined by the attributes of the prospect." (2007) Tu states that in the research that two types of attributes are postulated: (1) intrinsic attributes; and (2) extrinsic attributes. (2007) Tu states that intrinsic attributes are "the internal properties of a person." (2007) External attributes are stated by Tu (2007) to be those attributes "...acquired from the society." Intrinsic attributes are stated by Tu (2007) to include: (1) physiological attributes; and (2) psychological attributes. Extrinsic attributes include: (1) socioeconomic status; and (2) social experience. (Tu, 2007) Tu states that intrinsic attributes are much harder to change than extrinsic attributes. Intrinsic and extrinsic attributes "tend to lead to high values in extrinsic attributes." (Tu, 2007) Tu examines how individuals "weigh these two types of attributes when they select marriage partners..." (2007)

III. Inter-Regime Marriages

Inter-regime marriages between individuals from Taiwan and mainland China is examined in the work of Tu who states that marriage, "in Chinese societies...is regarded as an opportunity to maximize the resources of the household of kin group through the negotiation of a suitable alliance. Empirical studies show that both older and younger generations continue today to view marriage as a means of social mobility." (Tu, 2007) Tu states that the process of selecting a mate "can be examined from a marriage-mobility point-of-view. Each side involved in the marriage bargaining tends to act rationally to maximize his/her position. In the case of China, due to its unique household registration system it is very difficult to get official approval to move from rural to urban areas. Therefore, spatial localities per se become part of social stratification." (Tu, 2007) Tu relates the important fact that Hong Kong, Taiwan and mainland China have been "separated since 1949, creating two kinds of societies that are populated by people with the same ethnic origins, and who share a common cultural heritage but with different political and economic institutions. They had not much social contact for awhile." (Tu, 2007) Things have changed according to Tu who states: "...inter-regime marriage took place for a while. In 1998, for instance, there were 12,167 marriages between residents of mainland China and Taiwan and 26,385 marriages between residents of mainland China and HK. By 2005, there were 29,788 residents of mainland China married HK residents and 13, 964 mainland China residents married Taiwanese in 2006." (Tu, 2007) Tu also relates that Hong Kong and Taiwan are far ahead of China in terms of economic development. Tu reports the study conducted by Jian (1995) in which inter-regime couples who were married were quizzed concerning the "special attributes he/she appreciates about his/her spouse; both mainland wives and HK and Taiwanese husbands cited 'family value', 'personality', and 'taste' as important. However, it is worth noting that HK and Taiwanese men give a higher score to 'appearance' and virtually no importance to 'ability to earn money'; whereas mainland wives give 'ability to earn money' a higher place and a relatively low score to 'appearance'..." (Tu, 2007) This is stated to uphold the postulation of the study reported by Tu (2007) that "personal financial status is an important extrinsic attribute and appearance is an important intrinsic attribute."

IV. Reasons Men in Hong Kong Choose Wives from Mainland China

Reasons provided by men from Hong Kong and Taiwan in choosing wives from mainland China is because "Chinese girls still have more traditional values" and they reported that they "cannot find compatible wives in HK and Taiwan..." (Tu, 2007) Tu further relates that wives from mainland China in inter-regime marriages "have higher education levels that HK and Taiwanese wives in both intra-HK and intra-Taiwan marriages. In other words, HK and Taiwanese men are better off if they want to marry women with a higher education." (2007) When occupational status of mainland China and intra-HK and intra-Taiwan marriages are compared "mainland wives of inter-regime marriages tend to have a lower occupational status; 60% of mainland wives are housewives or peasants, whereas 48% of HK and Taiwanese wives fall into this category." (Tu, 2007)

V. Cross-Border Marriages = Cross-Border Children

The work of Chen (2007) entitled: "The Rise of Cross-Border Marriages and Its Impact on Fertility in Taiwan" states: "Since 1984, Taiwan's TFR has been lower than the replacement level and continued to fall to 1.12. In spite of the emergence of very low fertility, non-marital cohabitation and childbearing are not accepted arrangements for most Taiwanese. This situation, together with delaying marriage and persistent mate-selection preference among women, tend to increase the likelihood of cross-border marriages between Taiwanese men and women mainly from Mainland China and Southeast Asia. By 2005, there were more than 365,000 marriage immigrants, emerging as the fifth subpopulation." (Chen, 2007) Chen states the intention to delineate shifts and changes in the formation of marriage as well as attitudes related to gender-specific roles and attitudes. Chen states that through utilization of the "2003 Survey of Foreign and Mainland Chinese Spouses' Living Condition a comparative analysis of reproductive outcomes between non-Taiwanese women is provided. The results demonstrate women from Southeast Asian countries have given more births than any other marriage immigrants, while the same data indicate women from Mainland China are more likely to be childless due to remarriage with older Taiwanese partners." (Chen, 2007)

VI. Legal Issues of Mainland Born Children with One Parent in Hong Kong

The work of Chlo Cattelain entitled: "Family vs. Society? Hong Kong's Battle over Right of Abode for Mainland-Born Children" states that even while Hong Kong's status is one of a colonial nature it still has "...always remained part of China in a certain sense. One of the clearest manifestations of this is the fact that many people, particularly men, in the territory have married mainlanders." This division is one that has resulted in effects that are fundamental to family structure as well as a wait that goes on for years for spouses and other family to join one another. Children are required to make an application for a Certificate of Entitlement in the mainland report. (Cattelain, 1997; paraphrased) the work of Cattelain additionally states that as of the beginning of "...July, 1997, approximately 66,000 children born to couples of which one is a Hong Kong resident and one is a mainlanders were waiting to come to Hong Kong, and around 2,000-4,000 children who had entered the territory illegally or overstayed visit permits were estimated to be in Hong Kong." (Cattelain, 1997) Marriage between individuals and the resulting bearing of children has proved problematic to the mainland in terms of regulations and it is stated in Cattelain's work that "One of the first issues that the newly created Hong Kong Special Administrative Region (HKSAR) has had to dealt with his pitted an individual right against a community's capacity to absorb large numbers of new immigrants at one time." (1997)

VII. Basic Law Regulating Children Born Outside of Hong Kong with Parent in Hong Kong

It is held under Article 24(3) of the Basic Law that if the child is born outside of Hong Kong and has a parent with permanent residence in Hong Kong then that child has "the right of abode in Hong Kong after July 1, 1997." (Cattelain, 1997) All the individuals on the waiting list felt sure that the right of abode would become effective however, it is reported that this is not the case. Smuggling children into the country has become a problem. Children born outside the territory seeking permanent Hong Kong residency obtain prior endorsement of their right of abode in the form of a "Certificate of Entitlement" issued by the Immigration Department. The Bill empowers the Director of Immigration to deport children who have entered illegally or overstayed. The government stated that the bill was merely administrative, containing "detailed provisions for the application of Article 24(3)of the Basic Law." (Cattelain, 1997)

When asked in an interview whether such an administrative measure effectively deprived the children of their right, Elsie Tu, a Provisional Legislature member and veteran politician, said: "What do you mean by right? Do you mean that those who have come illegally have the right while those who are waiting are going to lose their priority for schooling and housing? Can you tell me how we can find schools and housing for 66,000 children? Or why we should give priority and privileges to those who have been brought in illegally?" (Cattelain, 1997) Controversy still exists for those who are involved in cross-border marriages. Relationships between individuals in Hong Kong and China are stated to "...cross the rigid boundaries which have divided Hong Kong from China." (Cattelain, 1997) a Cultural Revolution occurred in Hong Kong and specifically working class men working blue-collar jobs. Difficulty in finding a mate resulted in men marrying women from where they originated however "these wives do not have the right of abode; and their children did not have it either until July 1, 1997." (Cattelain, 1997) in order to be granted this right it is required that mainlanders make application for a "One Way Entry Permit, under a quota system meant to facilitate family reunion." (Cattelain, 1997) Stated in the work of Cattelain is a "major deficiency of the system...that mothers nd children may not arrive in the territory at the same time. Because more permits are allocated to children, they often come earlier than their mothers." (Cattelain, 1997)

VIII. Analysis of the "Mess" (Ho Hei-wa: Director of Society for Community Organization

This is stated to be simply "a mess" by Ho Hei-wah, director of the Society for Community Organization (SoCO), a major Hong Kong NGO" with a longitudinal history in service provision experience for new migrants including avocation for their rights." (Cattelain, 1997; paraphrased) the needs of families reuniting has been overlooked by the Chinese government and Hei-wah stated: "Many split 'pseudo-single parent' families have been created as a result, with attendance family, marital and child-care problems. Some men have had to leave their jobs to take care of their children and then rely on social welfare to survive." (Cattelain, 1997)

IX. Proponents of the Bill: Rationale

Those who support this bill which includes both the government as well as members of the Provision Legislature, since they did pass the bill "reject the criticism that the measure states an alarming precedent by allowing administrative convenience to override basic rights." (Cattelain, 1997) the problem is that the Basic Law absolutely 'guarantees' these children the right of abode and additionally guarantees them residency in Hong Kong on a permanent basis." (Cattelain, 1997) it is reported that Law Yuk-kai, Hong Kong Human Rights Monitor, executive director stated: "a right which cannot be exercise immediately is not a right...delay means denied..." (Cattelain, 1997) Effective delay or denial of a right or even "the exercise of a right, which amounts to the same thing..the government's promise that all the children waiting in the mainland will be allowed to come to the territory within two years does not assuage such concerns." (Cattelain, 1997) Challenges that arrival of all the children at one time are posited to present to the social support services is one that would be "extremely difficult to bear" states the bill however, it is reported that with a budget of HK$330 billion there should be plenty in terms of resources available for schools and teachers. It is additionally reported that families interviewed have related to bribes may be paid in order to hurry the process and in the amount ranging from HK$60,000 to HK$200,000." (Cattelain, 1997) There is stated to be "the prevalence of corruption in the process." (Cattelain, 1997) the quota for allowing children entry has not bee met by the government and it was shown by the Security Branch that "only 32,773 permits were issued between July 1995 and May 1997..." meaning that over 13,000 "one way entry permits available in the past two years for mainland-born children were not issued." (Cattelain, 1997)