Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Peace order and good government
  • 6 Dec 1988

    THE QUEEN v. LAU TUNG SING

    Citation
    THE QUEEN v. LAU TUNG SING
    Court
    Court of Appeal
    Case number
    CACC190/1988

    Sections 37D and 37J of the Immigration Ordinance are intra vires because legislation creating liability for arranging/assisting passage of unauthorised entrants who come to Hong Kong bears a sufficient and proper connection to the peace, order and good government of Hong Kong; Macleod was a decision about statutory construction and does not establish a general doctrine invalidating such laws, and Croft v Dunphy and related authorities support that extra-territorial effect is not fatal where a substantial territorial connection exists.