Hong Kong Case Law: Decisions & Judgments

Topic

Basic law article 24(2)(4)

Legal area

Court

16 Jul 2013

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER

Citation

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER
Court

Court of Final Appeal
Case number

FACV20/2012

The appellants failed at the primary substantive point (construction of "ordinarily resident"); because the Commissioner’s sequential and contingent arguments were reasonably arguable and not abusive, costs should follow the event and the Commissioner is entitled to his costs; a certificate for four counsel is justified given the importance and breadth of the issues.
16 Jul 2013

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 Final Appeal
Case number

FACV19/2012

The appellants failed on the primary issue of statutory construction of "ordinarily resident" so the Court did not need to decide contingent legal points; accordingly costs follow the event and the Commissioner of Registration is awarded his costs; a certificate for four counsel is granted and costs are to be taxed in accordance with the Legal Aid Regulations.
25 Mar 2013

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER

Citation

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER
Court

Court of Final Appeal
Case number

FACV20/2012

Interpreting Article 24(2)(4) purposively and in context, the Court found that the FDH admission and employment scheme imposes qualitative restrictions (tied employment, requirement to return on contract end, prohibition on settlement and dependants, home leave, two‑week rule) that make FDHs' residence as a class qualitatively unlike ordinary residence required by Article 24(2)(4); accordingly section 2(4)(a)(vi) validly excludes FDHs from being treated as ordinarily resident and is constitutional, and the appeals are dismissed.
3 Nov 2011

DOMINGO DANIEL L v. COMMISSIONER OF REGISTRATION AND ANOTHER

Citation

DOMINGO DANIEL L v. COMMISSIONER OF REGISTRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL128/2010

The Tribunal erred in law in holding the applicants estopped to assert ordinary residence earlier than 14 November 2007 because it failed to identify or apply any recognized estoppel doctrine and promissory estoppel/estoppel by representation were not established on the facts; accordingly Mr Domingo's judicial review succeeds on that ground. Separately, Mrs Domingo's presence in Hong Kong during the critical period included periods of unlawful/tolerated stay which, as a matter of law, cannot count as ordinary residence and thus broke the required continuous seven year period prior to 4 March…
11 Feb 2003

PREM SINGH v. DIRECTOR OF IMMIGRATION

Citation

PREM SINGH v. DIRECTOR OF IMMIGRATION
Court

Court of Final Appeal
Case number

FACV7/2002

The Court held that Schedule 1 para 3(1)(c) read with para 1(5)(b) unlawfully adds a requirement that applicants be free of any limit of stay before claiming permanent resident status under Basic Law Art 24(2)(4); the 24 October 1998 interaction and application is to be treated as the operative application for verification; the Director's impugned decisions are quashed and the Director must reconsider the appellant's application as made on 24 October 1998. The Court endorsed that de minimis arguments may be available in principle but remitted merits and discretionary matters to the Director.

Hong Kong Case Law

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER

VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS VALLEJOS EVANGELINE B. v. COMMISSIONER OF REGISTRATION AND ANOTHER

DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER

DOMINGO DANIEL L v. COMMISSIONER OF REGISTRATION AND ANOTHER

PREM SINGH v. DIRECTOR OF IMMIGRATION