4 Mar 2015
COMMISSIONER OF REGISTRATION v. REGISTRATION OF PERSONS TRIBUNAL AND ANOTHER
- Citation
- COMMISSIONER OF REGISTRATION v. REGISTRATION OF PERSONS TRIBUNAL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL11/2013
The court allowed judicial review on grounds 1–3, holding that the Tribunal erred in law by treating the Old HKPIC as prima facie evidence of entitlement under the post‑1997 statutory regime, by disapplying Article 5 of the Chinese Nationality Law without an evidential or legal basis under Article 17, and by wrongly allocating the burden to the Commissioner to prove parents were 'settled' abroad. The Tribunal's Decision was quashed and the appeal remitted to a differently constituted Tribunal for reconsideration.