Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of basic law article 24

Legal area

Court

26 Aug 2019

SHOVE SHERPA v. THE DIRECTOR OF IMMIGRATION

Citation

[2019] HKCA 947
Court

Court of Appeal
Case number

CACV221/2018

The Court held that BL24(2) is an exhaustive list of categories of Hong Kong permanent residents and BL24(1) does not authorize expanding that list; accordingly the Director's VEPIC decision was lawful and, alternatively, the applicant's challenge was barred by substantial delay.
20 Jul 2001

FATEH MUHAMMAD v. COMMISSIONER OF REGISTRATION

Citation

FATEH MUHAMMAD v. COMMISSIONER OF REGISTRATION
Court

Court of Final Appeal
Case number

FACV24/2000

Time spent serving a substantial term of imprisonment or detention pursuant to sentence does not count as 'ordinary residence' for the seven-year qualification under Basic Law art.24(2)(4); the required seven continuous years must be immediately before the date of application for Hong Kong permanent resident status; accordingly the appellant had not yet met the qualification and the statutory provisions excluding imprisonment from ordinary residence and requiring immediacy are constitutional.