Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Icescr6 reservation

  • 27 Nov 2012

    JA v. DIRECTOR OF IMMIGRATION

    Citation
    JA v. DIRECTOR OF IMMIGRATION
    Court
    Court of Appeal
    Case number
    CACV48/2011

    HKBORO s.11 applies to the appellants' circumstances and therefore precludes invocation of rights under the BOR/ICCPR to challenge a condition of stay barring employment; the UK reservation/notification to ICESCR6 operates as a reservation modifying the right to work so that non‑permanent residents subject to conditions of stay cannot rely on ICESCR6 to require permission to work; Basic Law art 33 does not guarantee a substantive right to be employed or to take up available employment and is not co‑extensive with ICESCR6; accordingly the appeals are dismissed.

  • 27 Nov 2012

    GA v. DIRECTOR OF IMMIGRATION

    Citation
    GA v. DIRECTOR OF IMMIGRATION
    Court
    Court of Appeal
    Case number
    CACV45/2011

    The appeals are dismissed. The Court held that HKBORO s.11 must be given its ordinary meaning and covers immigration legislation governing entry, stay (including conditions as to duration and purpose) and departure for persons without the right to enter and remain; accordingly the appellants could not invoke rights under the HKBORO/BOR or ICCPR to challenge the Director's policy refusing permission to work. The UK reservation/notification to ICESCR6 modifies the ICESCR right to work so it does not operate to afford a right to work to non-permanent residents subject to conditions of stay. Basi…