Lau Shek To and Others v. Director of Immigration

Lau Shek To and Others v. Director of Immigration

The material before the court did not disclose an arguable case of Wednesbury unreasonableness, illegality or procedural impropriety; the Director had expressly considered the humanitarian material and lawfully exercised a wide discretion to remove illegal entrants unless exceptional strong humanitarian grounds are...

Source-derived case information.

Citation
Lau Shek To and Others v. Director of Immigration
Parties
1st Applicant (mp4151/92): Wong King Lung; 2nd Applicant (mp4151/92): Wong May Yee; 3rd Applicant (mp4151/92): Wong Wing Lung; 4th Applicant (mp4151/92): Wong Pui Yee; 5th Applicant (mp4151/92): Wong Mei Kei; 6th Applicant (mp4151/92): Cheng Chun Heung; 7th Applicant (mp4151/92): Wong Chung Hing; Respondent (mp4151/92; Mp70/93; Mp564/93): Director of Immigration; 1st Applicant (mp70/93): So Kam Cheung; 2nd Applicant (mp70/93): Wu Wai Suen; 3rd Applicant (mp70/93): So Hoi Ling; 1st Applicant (mp564/93): Lau Shek To; 2nd Applicant (mp564/93): Chiu Chun Chi; 3rd Applicant (mp564/93): Lau Sin Ting; 4th Applicant (mp564/93): Lau Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 December 1993
Case Number
HCMP564/1993
Procedural Posture
Judicial Review of Immigration Removal Decisions / Application by Attorney General to Set Aside Leave Granted for Judicial Review (hearing on Wednesbury Unreasonableness Grounds)
Outcome
Leave for judicial review set aside in each of MP4151/92, MP70/93 and MP564/93 for the remaining Wednesbury grounds
Legal Topics
Wednesbury Unreasonableness, Discretion of Executive, Humanitarian Grounds, Removal Orders and Repatriation, Delegation and One Way Permit Policy, Appeal to Governor in Council
Source Language
en
Immigration Law Administrative Law Public Law Judicial Review Wednesbury Unreasonableness Discretion of Executive Humanitarian Grounds Removal Orders and Repatriation +2 more

Source-derived case record

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Parties

Wong King Lung

1st Applicant (mp4151/92)

Wong May Yee

2nd Applicant (mp4151/92)

Wong Wing Lung

3rd Applicant (mp4151/92)

Wong Pui Yee

4th Applicant (mp4151/92)

Wong Mei Kei

5th Applicant (mp4151/92)

Cheng Chun Heung

6th Applicant (mp4151/92)

Wong Chung Hing

7th Applicant (mp4151/92)

Director of Immigration

Respondent (mp4151/92; Mp70/93; Mp564/93)

So Kam Cheung

1st Applicant (mp70/93)

Wu Wai Suen

2nd Applicant (mp70/93)

So Hoi Ling

3rd Applicant (mp70/93)

Lau Shek To

1st Applicant (mp564/93)

Chiu Chun Chi

2nd Applicant (mp564/93)

Lau Sin Ting

3rd Applicant (mp564/93)

Lau Chun

4th Applicant (mp564/93)

Procedural Posture

Judicial Review of Immigration Removal Decisions / Application by Attorney General to Set Aside Leave Granted for Judicial Review (hearing on Wednesbury Unreasonableness Grounds)

Legal Issues

  1. 1 Whether the Director of Immigration failed to take into account strong humanitarian considerations when declining to exercise discretion under ss.11(5A)(c) and 13 of the Immigration Ordinance
  2. 2 Whether the Director's exercise of discretion was Wednesbury-unreasonable (irrational) or vitiated by procedural impropriety or unlawful sub-delegation
  3. 3 Whether the one-way/two-way permit system unlawfully delegated immigration decisions to PRC authorities

Ratio Decidendi

The material before the court did not disclose an arguable case of Wednesbury unreasonableness, illegality or procedural impropriety; the Director had expressly considered the humanitarian material and lawfully exercised a wide discretion to remove illegal entrants unless exceptional strong humanitarian grounds are shown, therefore leave for judicial review was set aside.

Court Disposition

Leave for judicial review set aside in each of MP4151/92, MP70/93 and MP564/93 for the remaining Wednesbury grounds

Orders

  • Summonses by the Attorney General to set aside leave granted for judicial review are allowed and leave is set aside
  • Matters referred back to the Director of Immigration for determination