27 Nov 2012
GA v. DIRECTOR OF IMMIGRATION
- Citation
- GA v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV45/2011
The appeals are dismissed. The Court held that HKBORO s.11 must be given its ordinary meaning and covers immigration legislation governing entry, stay (including conditions as to duration and purpose) and departure for persons without the right to enter and remain; accordingly the appellants could not invoke rights under the HKBORO/BOR or ICCPR to challenge the Director's policy refusing permission to work. The UK reservation/notification to ICESCR6 modifies the ICESCR right to work so it does not operate to afford a right to work to non-permanent residents subject to conditions of stay. Basi…