30 Sept 2011
VALLEJOS EVANGELINE BANAO also known as VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- VALLEJOS EVANGELINE BANAO also known as VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL124/2010
Applying the common-law purposive approach and the Shah test for 'ordinarily resided', the FDH policy features do not render FDHs' residence 'out of ordinary' and Section 2(4)(a)(vi) of the Immigration Ordinance unlawfully narrows Article 24(2)(4); Article 154(2) does not authorize local legislation to derogate from Article 24(2)(4) in that way; therefore the Impugned Provision is inconsistent with the Basic Law and has no legal effect.