25 Mar 2013
DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Citation
- DOMINGO DANIEL L. v. COMMISSIONER OF REGISTRATION AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV20/2012
Interpreting Article 24(2)(4) purposively and in context, the Court found that the FDH admission and employment scheme imposes qualitative restrictions (tied employment, requirement to return on contract end, prohibition on settlement and dependants, home leave, two‑week rule) that make FDHs' residence as a class qualitatively unlike ordinary residence required by Article 24(2)(4); accordingly section 2(4)(a)(vi) validly excludes FDHs from being treated as ordinarily resident and is constitutional, and the appeals are dismissed.