2 Apr 1998
CHEUNG LAI WAH v. THE DIRECTOR OF IMMIGRATION
- Citation
- CHEUNG LAI WAH v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV203/1997
The Court held the Immigration (Amendment) (No.3) Ordinance 1997 and its certificate-of-entitlement scheme are within the Basic Law and legitimately implement Article 22(4) (orderly, quota-based approval for entry from Mainland); however the provision in the Immigration (Amendment) (No.2) Ordinance that excludes illegitimate children of fathers from Article 24(3) entitlement is unconstitutional and invalid; the retrospective commencement of No.3 was held by a majority not to deprive persons who were physically present in Hong Kong on 1 July 1997 of their accrued right of abode (the retrospect…