18 Feb 2014
JA v. DIRECTOR OF IMMIGRATION
- Citation
- JA v. DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV10/2013
Section 11 of the HKBORO, read in context with Basic Law article 39 and the UK reservations, excludes the relied-on Bill of Rights and ICESCR rights in respect of immigration legislation governing entry, stay and departure; Article 33 Basic Law does not create a general right to work; Article 6 ICESCR has not been incorporated to confer an unrestricted right to work; however Article 3 BOR is absolute — if an applicant demonstrates a substantial and imminent risk of inhuman or degrading treatment from prohibition to work the DOI must permit work — otherwise DOI retains a broad discretionary po…