29 Jan 1999
NG KA LING AND ANOTHER v. THE DIRECTOR OF IMMIGRATION
- Citation
- NG KA LING AND ANOTHER v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV14/1998
The Court held it has jurisdiction to interpret the Basic Law and need not refer to the NPC Standing Committee because the predominant provision to be interpreted in these cases was Article 24 (right of abode) which is within the Region's autonomy; Article 22(4) does not qualify Article 24 and does not permit conditioning the constitutional right of abode on Mainland exit permits; accordingly the No.3 Ordinance is unconstitutional insofar as it requires a Mainland one-way permit affixed with a certificate of entitlement and insofar as it operates retrospectively, but the scheme insofar as lim…