Hong Kong Case Law: Decisions & Judgments

Topic

Invalidation of identity card

Legal area

Court

14 Apr 2023

李榮歡 v. 人事登記審裁處

Citation

[2023] HKCFI 838
Court

Court of First Instance
Case number

HCAL1377/2022

The Tribunal validly concluded the applicant was not a right of abode holder because the Mainland authority (GPPSD) concluded he was ineligible by 2003, which meant the permission to land was obtained under a false representation and therefore the landing was unlawful and the subsequent residence could not count as 7 years' ordinary residence; the applicant's grounds were not reasonably arguable and leave is refused.
26 Aug 2010

JAMES YAN v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

JAMES YAN v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL110/2009

The court held the Director and Commissioner were entitled to conclude on the totality of evidence (including overseas authority letters and fingerprint comparison) that the applicant had obtained permissions by using a false identity and that his right of abode and earlier permissions were vitiated; the decision‑makers properly considered but reasonably discounted the applicant's late documentary material; non‑disclosure did not cause prejudice warranting quashing; extension of time was not justified. Judicial review dismissed and costs awarded against applicant.
30 Jul 2010

WONG UN YING AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

WONG UN YING AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL136/2009

The court held that a legitimate expectation arose that the Director would consider the applicants' humanitarian and compassionate representations, but on the evidence the Director had in fact considered those representations and was not acting in bad faith; the Tribunal had no jurisdiction to entertain humanitarian grounds on appeal; accordingly there was no basis to quash the decisions and the judicial review was dismissed.

Hong Kong Case Law

李榮歡 v. 人事登記審裁處

JAMES YAN v. DIRECTOR OF IMMIGRATION AND ANOTHER

WONG UN YING AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER