Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Treaty incorporation

Legal area

Court

22 Jun 1994

YIN XIANG-JIANG SIMON AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

YIN XIANG-JIANG SIMON AND OTHERS v. DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV218/1993

The appeal is allowed to restore leave because there was an arguable case that statelessness (want of nationality) is a relevant consideration in the Director's exercise of discretion to require departure; the Director's clear exclusion of statelessness as irrelevant required investigation and potentially vitiates the decision, so leave to apply for judicial review must be reinstated.
11 Sept 1992

LI JIN FEI AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

LI JIN FEI AND OTHERS v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCMP816/1992

Applicants failed to prove they were stateless as defined by the Convention because they did not establish loss of Chinese nationality under PRC law; accordingly the Director was not required to apply the Convention and his decision to refuse change of status and require departure was not Wednesbury-unreasonable; motions dismissed.