5 Jan 2006
NG SIU TUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
- Citation
- NG SIU TUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of Final Appeal
- Case number
- FACV1/2001
When an applicant proves on the balance of probabilities that a letter claiming right of abode was duly posted, there is a rebuttable presumption that the letter was received; if the Department has no surviving physical file or notation because the document was lost within the Department's administrative processes, the presumed receipt may satisfy the concession policy's record requirement and thus establish the necessary record for right of abode claims; appellate courts will defer to the trial judge on credibility unless there is demonstrable error.