Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hkboro s11 exception
  • 18 Feb 2014

    PA v. DIRECTOR OF IMMIGRATION

    Citation
    PA v. DIRECTOR OF IMMIGRATION
    Court
    Court of Final Appeal
    Case number
    FACV8/2013

    Section 11 of the HKBORO precludes reliance on Article 14 BOR in respect of immigration legislation governing entry, stay and departure; Article 6 ICESCR has not been incorporated into domestic law in a way that affords Applicants the asserted general right to work and in any event is subject to the UK reservation permitting restrictions; Article 33 Basic Law guarantees freedom of choice of occupation not a general right to take up employment for non‑residents; no common law right to work was established; therefore no constitutional right to work arose and proportionality did not apply. Howev…