Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overstayers
  • 3 Oct 2003

    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION

    Citation
    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL81/1999

    The court applied the CFA's tests: claims are substantive (not mere inquiries) and may be oral; the concession requires a record that on its face (or by reasonable inference from face) evidences a claim and is in the Director's possession; deficient recording practices do not estop the Director but proven wrongful pressure that actively prevented recording does. Applying those principles, of the 22 applicants heard the court found only three had a record of a claim in the Director's files and the remainder did not meet the concession's record requirement.