27 Nov 2012
MA v. DIRECTOR OF IMMIGRATION
- Citation
- MA v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV44/2011
HKBORO s.11 applies to conditions of stay including employment restrictions so appellants cannot invoke BOR/ICCPR rights to challenge the prohibition on work; the UK reservation to ICESCR6 operates as a modification excluding non-permanent residents from the ICESCR6 right to work as applied to Hong Kong; Basic Law article 33 does not create a standalone positive right to take up employment; accordingly the appeals are dismissed.