Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Retrospective extension
  • 12 Oct 1988

    DIRECTOR OF IMMIGRATION v. SEA-ANG PAISARN

    Citation
    DIRECTOR OF IMMIGRATION v. SEA-ANG PAISARN
    Court
    Court of Appeal
    Case number
    CACV64/1988

    The Court held that under section 11(5A)(c) an immigration officer may enlarge a limit of stay at any time, before or after its expiry; such retrospective enlargements remove the unlawfulness of any intervening overstay and therefore those periods count for the continuous seven‑year residence test; accordingly the appellant qualified as a Hong Kong permanent resident and enjoyed the right of abode, and the Immigration Tribunal's ruling in his favour was restored.