Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 158(3)
  • 20 Jul 2001

    TAM NGA YIN AND OTHERS v. THE DIRECTOR OF IMMIGRATION

    Citation
    TAM NGA YIN AND OTHERS v. THE DIRECTOR OF IMMIGRATION
    Court
    Court of Final Appeal
    Case number
    FACV20/2000

    Majority: Article 24(2)(3) must be construed to require that the parent-child relationship referred to is the natural parental relationship implicit in the word 'born' and to satisfy the time-of-birth requirement one of the parents must have been a permanent resident at the time of the person's birth; the NPCSC Interpretation imposed the time-of-birth requirement and art.24(2)(3) is not an excluded provision under art.158(3); therefore adopted children are not within art.24(2)(3). Minority (Bokhary PJ): the wording permits reading 'born outside Hong Kong of those residents' where 'born' perta…