9 Oct 1997
CHEUNG LAI WAH AND OTHERS v. THE DIRECTOR OF IMMIGRATION
- Citation
- CHEUNG LAI WAH AND OTHERS v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of First Instance
- Case number
- HCAL70/1997
The court held that (a) persons claiming right of abode by descent must prove the facts to the satisfaction of the Director and, for mainland residents, must obtain a one-way exit permit before exercising the right of abode; these requirements are not incompatible with Arts.24,31 or Art.8(4) because Art.24 does not prescribe proof procedures and Art.22(4) of the Basic Law authorises control by central authorities over settlement from other parts of China; (b) the No.3 Ordinance's retrospective effect did not render it unconstitutional in relation to Art.12(1) because Art.22(4) already qualifi…