27 Nov 2012
PA v. DIRECTOR OF IMMIGRATION
- Citation
- PA v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV46/2011
HKBORO s.11 applies to immigration legislation governing entry, stay and departure and thus precludes reliance on BOR/ICCPR to challenge a condition of stay prohibiting employment for persons without right to enter or remain; the UK reservation to ICESCR6 modifies the right to work so it does not apply to non-permanent residents subject to conditions of stay; Basic Law 33 guarantees freedom of choice of occupation but not a right to be employed; accordingly the appeals are dismissed.