Read the full judgment text of FAMV 000003/2002 on BabelCite. This FAMV judgment was delivered on 16 May 2002 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
1. The question of whether the applicant should be treated as having applied on the 24 October 1998 for Hong Kong permanent resident status is a question worthy of the Court of Final Appeal's consideration. That raises the question of the constitutionality of para. 1(5)(b) of Schedule 1 to the Immigration Ordinance, and it is common ground that that question is an arguable constitutional question.
Legal issues: Constitutionality of paragraph 1(5)(b) of Schedule 1 to the Immigration Ordinance · Imprisonment argument
Outcome: Leave to appeal granted to the Court of Final Appeal on the question of the constitutionality of paragraph 1(5)(b) of Schedule 1 to the Immigration Ordinance and on the imprisonment argument.