Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Icescr reservation
  • 27 Nov 2012

    FI v. DIRECTOR OF IMMIGRATION

    Citation
    FI v. DIRECTOR OF IMMIGRATION
    Court
    Court of Appeal
    Case number
    CACV47/2011

    HKBORO s.11 covers immigration legislation governing entry, stay and departure including conditions of stay related to employment so appellants cannot invoke BOR/ICCPR to challenge the employment restriction; the UK reservation/notification to ICESCR article 6 modifies the ICESCR6 right so it does not secure a domestic right to work for non-permanent residents in Hong Kong; Basic Law article 33 does not confer an unqualified right to take up available employment for persons without resident status; accordingly the appeals are dismissed.