2 Apr 1998
TSUI KUEN NANG v. THE DIRECTOR OF IMMIGRATION
- Citation
- TSUI KUEN NANG v. THE DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV217/1997
Court held unanimously that the No.3 Ordinance (certificate of entitlement scheme and requirement to apply through mainland authorities) is a constitutionally permissible procedure implementing Articles 22(4) and 24(3); the No.2 Ordinance provision excluding illegitimate children of male permanent residents is unconstitutional and invalid as contrary to Article 24(3) and non-discrimination obligations; by majority the retrospective commencement of No.3 does not deprive persons present in Hong Kong before 1 July 1997 of their accrued right of abode (result: appellants who were physically prese…