Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Continuity of common law

Legal area

Court

20 May 1998

TSUI KUEN NANG v. THE DIRECTOR OF IMMIGRATION

Citation

TSUI KUEN NANG v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV217/1997

The Court held that its prior decision in HKSAR v Ma Wai-kwan, David on the legality of the Provisional Legislative Council formed part of the ratio decidendi and is binding. The PLC was held to have a legal basis (via Preparatory Committee/NPC decisions and ratification) and, alternatively, its acts could be justified by necessity where required; accordingly the Immigration (Amendment) (No.2) and (No.3) Ordinances were validly enacted.
20 May 1998

NG KA LING AND ANOTHER v. THE DIRECTOR OF IMMIGRATION

Citation

NG KA LING AND ANOTHER v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV216/1997

The Court held that the earlier decision in HKSAR v David Ma that the Provisional Legislative Council was lawfully constituted formed part of that court’s ratio decidendi and is therefore binding on this Court; accordingly the Immigration (Amendment) (No.2) Ordinance 1997 and Immigration (Amendment) (No.3) Ordinance 1997 were validly enacted by the PLC. The Court accepted that HKSAR courts may, in appropriate cases, examine NPC acts for inconsistency with the Basic Law but that does not displace the binding effect of the David Ma ratio in this matter; doctrine of necessity is available but PL…