18 Feb 2014
GA v. DIRECTOR OF IMMIGRATION
- Citation
- GA v. DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV7/2013
HKBORO s.11, read in context with the UK reservations and Basic Law art.39, excludes reliance on BOR art.14 and ICESCR art.6 by persons who do not have the right to enter and remain in Hong Kong; Article 33 BL does not create a general right to work; no common law right to work was established; appeals dismissed. However BOR art.3 (no torture/IDT) remains non-derogable and where a substantial and imminent risk of IDT is shown the DOI must exercise his discretion to permit employment.