Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Permission to land

  • 29 Jun 2001

    GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION

    Citation
    GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION
    Court
    Court of Appeal
    Case number
    CACV216/2000

    Court of Appeal held that Article 31 secures a non‑permanent resident's freedom to travel which includes a right to return; statutory provisions and executive practice (s.11(10), s.7(1)/s.11(1)) must be construed so as not to deny that constitutional right absent clear statutory language; the refusal to grant permission to land and the subsequent removal order were unlawful because they resulted from executive action that effectively denied the Article 31 right and the Director failed to advance adequate contemporaneous reasons and procedure to justify removal; the appeal was allowed and the…

  • 16 Jan 1996

    R. v. JAVIER DEOLITO J

    Citation
    R. v. JAVIER DEOLITO J
    Court
    Court of First Instance
    Case number
    HCMA1021/1995

    Permission to land subject to a condition that the holder work only for an approved employer must be read to permit remaining in Hong Kong only while employed by that approved employer; taking employment with an unapproved employer without the Director's permission breached reg.2(4) and s.41 and therefore the conviction was upheld.

  • 26 Jan 1987

    RE CHAN YUK CHUN

    Citation
    RE CHAN YUK CHUN
    Court
    Court of First Instance
    Case number
    HCMP169/1987

    The applicant failed to discharge the burden to show the detention authorization was invalid or that the Assistant Director's discretion was wrongly exercised; given plausible alternatives (removal after trial, charges dropped, permission to return) and the absence of specific particulars or evidence, the Return under s32(1)(a) was not quashed and the detention was lawful.