Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

National security

  • 23 Mar 2007

    CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION

    Citation
    CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL32/2003

    Falun Gong is recognisable as a religion under the Basic Law, but non‑residents seeking entry are not "Hong Kong" for art.41 and the ICCPR reservation excludes immigration matters; the Director lawfully exercised broad discretionary immigration powers on the basis of security intelligence, the decisions were not Wednesbury unreasonable, multiple entry permits did not create a legitimate expectation of procedural fairness to require reasons or hearings, and the force used to remove two applicants was lawful and proportionate.

  • 8 May 2006

    CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION

    Citation
    CHU WOAN CHYI AND OTHERS v. DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL32/2003

    Court allowed amendment to add challenge to the decision to place the first four applicants on the watchlist and allowed most new grounds except grounds 13 and 17; held standing orders and manuals constitute a class of documents protected by public interest immunity and must not be disclosed; ordered the Chief Secretary's supplementary certificate and the specific additional documents to be produced to the judge for in‑camera consideration of content immunity; refused appointment of a special advocate; granted declaratory relief leave but refused certiorari in respect of continuing watchlist…