Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Condition of stay

Legal area

Court

27 Apr 2006

HKSAR v. BALASABAS ELENA ESPINO

Citation

HKSAR v. BALASABAS ELENA ESPINO
Court

Court of First Instance
Case number

HCMA1075/2005

The Magistrate accepted the employer and wife's evidence and the resignation letters as voluntary and found corroborating facts (payment covering the period, return of keys, cessation of living at employer's premises); consequently the contract was terminated on 11 March 2005 and the appellant overstayed beyond the permitted period, so the conviction under s.41 was upheld and the appellate court refused to disturb those credibility-based findings.
1 Apr 1999

HKSAR v. YEUNG CHAU FONG

Citation

HKSAR v. YEUNG CHAU FONG
Court

Court of First Instance
Case number

HCMA100/1999

The magistrate's sentence—fine of $2,000 and two months' imprisonment suspended for three years—was within proper bounds for a repeated overstaying offence; the Court of Appeal has no power to permit continued presence and there were no grounds to interfere with the sentence, so the appeal is dismissed.
16 Jan 1996

R. v. JAVIER DEOLITO J

Citation

R. v. JAVIER DEOLITO J
Court

Court of First Instance
Case number

HCMA1021/1995

Permission to land subject to a condition that the holder work only for an approved employer must be read to permit remaining in Hong Kong only while employed by that approved employer; taking employment with an unapproved employer without the Director's permission breached reg.2(4) and s.41 and therefore the conviction was upheld.