Hong Kong Case Law: Decisions & Judgments

Topic

Certificate of entitlement

Legal area

Court

13 Mar 2006

CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL40/2005

The Tribunal's decision was quashed because it failed to give adequate reasons for rejecting the applicant's evidence; the matter is remitted to a differently constituted Immigration Tribunal for fresh determination; the challenge to the Director's refusal was dismissed because the registration documents did not prove the applicant's mother's birthplace and the Director's decision was not irrational.
21 Jan 2003

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER

Citation

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER
Court

Court of First Instance
Case number

HCAL134/2002

On undisputed facts that the applicant was not the natural child of the adoptive parent and that this was not disclosed in the OWP application, the non-disclosure concerned a material particular because, at the material time, adopted children lacked an administrative mechanism to obtain OWPs; therefore the OWP was unlawfully obtained under s.42 and permission to remain was null; Director lawfully made the removal order; Tribunal did not err in procedure or in applying burden and standard of proof (civil balance of probabilities).
27 Jun 2001

LAI YAU CHIK v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

LAI YAU CHIK v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL288/2001

Clearance endorsement on Form R.O.P.3b and allocation of an identity card number were preliminary administrative steps and did not constitute statutory authority to remain; authority to remain was granted under section 13 and only approved on 4 July 1979 (communicated 9 July 1979), so the father's ordinary residence commenced no earlier than July 1979 and the applicant was not entitled to the certificate.
11 Dec 2000

LI SHUK FAN v. THE DIRECTOR OF IMMIGRATION

Citation

LI SHUK FAN v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV416/2000

The Court held that the NPCSC Interpretation is binding and retrospective; Article 158(3) protects the final judgments only as between the actual parties to the CFA litigation (and limited categories the Director had legitimately treated as parties), not broadly all similarly situated claimants; representations and administrative practices did not create a legitimate expectation defeating the Interpretation; the Concession was a lawful policy confined to those who had lodged right‑of‑abode claims with the Immigration Department while physically in Hong Kong during 1 July 1997–29 January 1999…
11 Jun 1999

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION

Citation

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV108/1999

The removal orders and detention decisions were unlawful because the Director insisted on production of certificates of entitlement without considering the appellants' supporting materials or claims; where the statutory verification scheme is inoperative or unspecified, the Director must nevertheless consider claimants' evidence before making removal/detention decisions, although unverified claimants do not automatically gain a right to remain pending verification.
11 Jun 1999

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION

Citation

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
Court

Court of Appeal
Case number

CACV109/1999

The Court held that the Director acted unlawfully by insisting on production of certificates of entitlement without considering the appellants' submitted materials when the statutory certificate procedure was effectively inoperative post‑CFA; consequently the removal orders and attendant detention were quashed and the appellants ordered released, but the court declined to grant declarations of status or mandamus because appellants have no automatic right to remain pending verification and the Director retains power to make fresh removal orders after proper consideration.

Hong Kong Case Law

CHEN CHENGZHI v. DIRECTOR OF IMMIGRATION AND ANOTHER

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER

LAI YAU CHIK v. DIRECTOR OF IMMIGRATION AND ANOTHER

LI SHUK FAN v. THE DIRECTOR OF IMMIGRATION

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION

LAU KONG YUNG AND OTHERS v. THE DIRECTOR OF IMMIGRATION