Mainland Chinese families lose legal challenge over public university fees

High Court rejects bid by 87 families to challenge rule that visa dependants must have lived in city for at least two years to access subsidised places

A group of 87 mainland Chinese families who came to Hong Kong under talent visa schemes has lost a legal bid to challenge the government’s policy changes that affected their children’s access to publicly funded university places as dependants.

High Court Judge Russell Coleman on Friday ruled that there was no irrationality in the Education Bureau’s requirement that children of parents who arrived through the schemes must have lived in the city for at least two years before they can enjoy subsidised fees at the universities from 2028 onwards.

The government, which announced the policy change in July 2025, said the eligibility would be gradually tightened, with a one-year residency requirement introduced for 2027-28 applications as a preparation.

But three months later, 87 families filed a judicial review against the new policy, including “one-year rule”.

Currently, students who receive dependant visas or entry permits when they are minors are considered local and can apply for government-funded programmes, paying HK$47,000 (US$$5,990) in tuition fees for the coming academic year. Non-local students must pay three times that amount.

Some non-local families arrange for their children living on the mainland to take the Diploma of Secondary Education (DSE) exams for university admittance, and have been labelled “examination immigrants”.

Coleman said in his judgment that the policy had been well-considered by authorities and that it was not within the court’s “constitutional remit to determine matters of government policy” unless there were issues regarding legality.