Hong Kong Case Law: Decisions & Judgments

Topic

Immigration reservation (s.11 hkboro)

Legal area

Court

4 Apr 2019

COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION

Citation

[2019] HKCFA 10
Court

Court of Final Appeal
Case number

FACV9/2018

Section 11 of the Hong Kong Bill of Rights Ordinance, given constitutional force by Basic Law article 39 and read with Basic Law article 154(2), excludes reliance on BOR rights and by necessary implication limits cognate Basic Law rights in decisions concerning entry into, stay in or departure from Hong Kong of persons without the right to enter and remain; accordingly the Director was not legally obliged to take into account the asserted rights and the appeals were dismissed.
26 Mar 2018

DEMBELE, SALIFOU AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

[2018] HKCA 175
Court

Court of Appeal
Case number

CACV149/2016

Section 11 of the Hong Kong Bill of Rights Ordinance (as given constitutional status by Basic Law art 39) and relevant Court of Final Appeal authority exclude reliance by non-residents on BOR/ICCPR protections in immigration contexts and prevent residents from invoking those rights to benefit non-resident family members; Basic Law art 37 does not confer a general family right applicable to override immigration policy; unincorporated treaties (ICESCR/CRC) do not create domestic enforceable rights here; accordingly the Director was not legally obliged to treat the asserted rights as applicable…
26 Mar 2018

COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION

Citation

[2018] HKCA 175
Court

Court of Appeal
Case number

CACV59/2016

Section 11 HKBORO as entrenched by Basic Law art 39 prevents non‑residents from invoking family rights under the Bill of Rights/ICCPR in immigration contexts and the same logic precludes residents invoking Basic Law family rights to circumvent immigration controls; Article 37 does not confer a general family‑life right that compels the Director to grant stay, its scope is limited, international economic/social covenants not domesticated do not create enforceable immigration entitlements, the Dependant Policy and Para 5C are lawful eligibility criteria and the court will not overturn the Direc…

Hong Kong Case Law

COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION

DEMBELE, SALIFOU AND OTHERS v. DIRECTOR OF IMMIGRATION

COMILANG, MILAGROS TECSON AND ANOTHER v. DIRECTOR OF IMMIGRATION