30 Jul 2002
GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION
- Citation
- GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV17/2001
Section 11(10) of the Immigration Ordinance cannot be applied so as to cause the automatic expiry of permission to stay on departure in respect of a non-permanent resident whose limit of stay has not yet expired because doing so would abrogate the Basic Law art.31 freedom to travel and to re-enter; such a non-permanent resident retains the previous permission on return and is entitled to land without a fresh grant; s.11(10) remains valid as applied to others but not so as to extinguish the rights of this class of resident.