Hong Kong Case Law: Decisions & Judgments

Topic

Dual nationality

Legal area

Court

26 May 2025

LUBEGA MUZAFARU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2117
Court

Court of First Instance
Case number

HCAL288/2020

Leave was granted because the applicant's grounds were reasonably arguable: the Board and Director arguably failed to investigate and determine the applicant's claimed dual nationality, and arguably failed to properly assess risk, country of origin information, state protection and internal relocation, thereby raising arguable public law errors sufficient to meet the leave threshold under Po Fun Chan v Winnie Cheung.
18 Feb 2025

WONG KIN CHUNG v. DIRECTOR OF IMMIGRATION DEPARTMENT OF HKSAR [Decision on Leave Application]

Citation

[2025] HKCFI 750
Court

Court of First Instance
Case number

HCAL2009/2024

The application for leave to apply for judicial review was dismissed because the applicant's administrative applications to the Immigration Department had not been decided, rendering the judicial review premature and inappropriate to proceed at the leave stage.
25 Jan 2017

HUDSON TIMOTHY GEORGE LOH v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

HUDSON TIMOTHY GEORGE LOH v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL50/2015

Paragraph 2 of the NPC Explanations does not create a further class of Chinese nationals beyond those covered by paragraph 1 and the PRC Nationality Law; Chinese nationality for passport purposes is determined by the PRC Nationality Law as implemented in the HKSAR and Master Loh does not satisfy those statutory criteria, so the Director and the Appeal Board were correct to refuse the HKSAR passport application.
9 Dec 2008

AZAN AZIZ MARWAH v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

AZAN AZIZ MARWAH v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL38/2008

Art 4 must be construed as referring to the parents nationality at the time of the childs birth; a parents subsequent naturalisation does not automatically confer Chinese nationality on a child born non-Chinese; the NPCSC Explanations do not operate to permit automatic conferral or general dual nationality in such circumstances; applicant therefore is not a Chinese national and may only seek naturalisation under Arts 7 and 8.

Hong Kong Case Law

LUBEGA MUZAFARU v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

WONG KIN CHUNG v. DIRECTOR OF IMMIGRATION DEPARTMENT OF HKSAR [Decision on Leave Application]

HUDSON TIMOTHY GEORGE LOH v. DIRECTOR OF IMMIGRATION AND ANOTHER

AZAN AZIZ MARWAH v. DIRECTOR OF IMMIGRATION AND ANOTHER