Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hong kong bill of rights ordinance s.11

  • 17 May 2024

    RE CHAUDHARY VINAY

    Citation
    [2024] HKCA 455
    Court
    Court of Appeal
    Case number
    CACV434/2023

    The applicant failed to demonstrate any reasonably arguable error of law or material misdirection by the Judge in upholding the Board’s factual and legal conclusions; s.11 of the BORO restricts reliance on the Bill of Rights in immigration removal cases for persons without a right to remain, the Board’s adverse credibility and country information findings made the risk speculative, and thus leave to apply for judicial review was properly refused.

    • Non-refoulement
    • Deportation
    • Leave to apply for judicial review
    • Best interests of the child
    • Hong kong bill of rights ordinance s.11
    • Procedural fairness

  • 24 Apr 2013

    GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION

    Citation
    GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION
    Court
    Court of Appeal
    Case number
    CACV267/2011

    GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION

    • Detention
    • Right against arbitrary detention
    • Hong kong bill of rights ordinance s.11
    • Basic law articles 28 and 35
    • Leave to appeal criteria under s.22(1)(b) court of final appeal ordinance

  • 19 Nov 2010

    UBAMAKA EDWARD WILSON v. THE SECRETARY FOR SECURITY AND ANOTHER

    Citation
    UBAMAKA EDWARD WILSON v. THE SECRETARY FOR SECURITY AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV138/2009

    Appeal allowed in part: the Court set aside the High Court order quashing the Deportation Order because (i) deportation to Nigeria did not, on the facts, amount to cruel, inhuman or degrading treatment; (ii) ICCPR art.14(7)/BOR art.11(6) do not apply transnationally and in any event the immigration reservation and s.11 HKBORO validly preclude reliance on those provisions for persons without right to remain; (iii) common law double jeopardy does not prevent deportation; the declaration that detention from 29 Dec 2007 to 23 Aug 2008 was unlawful is upheld but on the binding authority of A v Dir…

    • Deportation
    • Double jeopardy (ne bis in idem)
    • Non-refoulement
    • Torture and cruel, inhuman or degrading treatment
    • Iccpr reservations (immigration reservation)
    • Hong kong bill of rights ordinance s.11

  • 22 Jun 1993

    So Kam Cheung and Others v. Director of Immigration

    Citation
    So Kam Cheung and Others v. Director of Immigration
    Court
    Court of First Instance
    Case number
    HCMP70/1993

    Section 11 of the Hong Kong Bill of Rights Ordinance unambiguously saves immigration legislation governing entry into, stay in and departure from Hong Kong in respect of persons not having the right to enter and remain; it therefore precludes challenges under the BORO to immigration decisions concerning such persons, and that exclusion extends to claims by family members with right of abode seeking to use the BORO to challenge those immigration provisions or decisions.

    • Hong kong bill of rights ordinance s.11
    • Right to family (article 19 boro)
    • Rights of children (article 20 boro)
    • Reservations to iccpr
    • Interpretation of limitation and savings clauses
    • Removal/deportation and immigration discretion