Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Curtailment of stay

Legal area

Court

13 Jul 2000

CHAN MEI YEE v. DIRECTOR OF IMMIGRATION

Citation

CHAN MEI YEE v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL77/1999

For Chan: judicial review refused — binding domestic authorities and reservations precluded invoking international covenants or legitimate expectation to overturn a lawful removal order where Director did not abuse discretion. For Wong: court held the seven‑year leave as granted or treated as valid by the Department; Secretary's curtailment and Director's removal were Wednesbury unreasonable and procedurally unfair and are quashed; Secretary may reconsider lawfully and with due process.
14 Oct 1987

ELVIRA VERGARA AND OTHERS v. ATTORNEY GENERAL

Citation

ELVIRA VERGARA AND OTHERS v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV120/1987

An immigration officer lawfully may impose a condition limiting a foreign domestic helper's stay to a shorter period triggered by an event (the two‑weeks rule) when imposed as part of the permission to enter or remain; an endorsement permitting stay for employment is conditional on continuance of that employment so termination breaches the condition and does not confer a right to remain until the original six‑month expiry; accordingly declarations sought were refused and the appeals dismissed.