29 Jan 1999
THE DIRECTOR OF IMMIGRATION v. CHEUNG LAI WAH
- Citation
- THE DIRECTOR OF IMMIGRATION v. CHEUNG LAI WAH
- Court
- Court of Final Appeal
- Case number
- FACV16/1998
The Court held that Article 24(3) confers an unqualified constitutional right of abode on permanent residents defined in Article 24(2) and Article 22(4) does not qualify that right; the No 3 Ordinance is unconstitutional insofar as it required possession of a Mainland one-way permit affixed with a certificate of entitlement as a precondition to enjoy the right of abode, and its retrospective deeming clause is unconstitutional; the verification scheme requiring certificates is permissible but must not make mainland exit approval a constitutional precondition; the statutory exclusion of illegit…
- Right of abode
- Interpretation of the basic law
- Retrospectivity of legislation
- Legislative validity and severance
- Jurisdiction to refer to npcsc under article 158
- Illegitimacy and family status