Read the full judgment text of CACV 002029/2001 on BabelCite. This Court of Appeal judgment was delivered on 25 March 2002 before Mayo V-P, Woo JA and Chu J.
Immigration – right of abode – permanent resident – ordinarily resident in Hong Kong for a continuous period of not less than seven years – Chinese citizen born outside Hong Kong to such a resident – Article 24(2) and (3) of the Basic Law – paragraph (2)(c) of Schedule I to the Immigration Ordinance (Cap 115) – applicant born in Mainland on 10 June 1986 – father arrived illegally by swimming across border on 18 April 1979 – 'reached base' or 'touch base' policy in force until 23 October 1980 – father applied for identity card on 24 May 1979 and obtained clearance endorsement on 26 May 1979 – internal clearance on 4 July 1979 – Entry Permit issued 9 July 1979 – question whether father's ordinary residence commenced on 26 May 1979 or only on 4 or 9 July 1979 – distinction between 'authority', 'permission' and 'sufferance' under Immigration Ordinance – s.2(4) and s.13 of Immigration Ordinance 1971 – Re Wong Shu-hung followed – Director's conscious determination required to authorise unlawful entrant to remain – mere processing or clearance does not amount to implied authority – touch base immunity from arrest is no more than sufferance – judgment of Yeung J and Immigration Tribunal upheld – appeal dismissed – costs to 1st Respondent on ordinary basis with Applicant's costs taxed under Legal Aid Regulations – Hillingdon ex p Puhlhofer restraint on interference with discretionary factual decisions of public body – legality not merits review.
Legal issues: Whether clearance endorsement of 26 May 1979 constituted the Director's authority to remain · Scope of judicial review of Immigration Tribunal's factual findings
Outcome: Appeal dismissed.
Cited by 1 case · Cites 3 cases