Butt, Aziz Akbar v. Director of Immigration

CACV 100/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 100 OF 2007

(ON APPEAL FROM HCAL NO. 32 OF 2007)

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BETWEEN

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Before: Hon Tang VP and Le Pichon JA in Court

Date of Hearing: 14 August 2007

Date of Judgment: 14 August 2007

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J U D G M E N T

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Hon Tang VP:

1.The applicant is Chinese by naturalization.  He was born in Karachi and was a Pakistani national before his naturalization.

2.He does not wish his HKSAR passport to state his place of birth (“POB”) as “Pakistan”.  He preferred “Karachi”.  His experience has shown that if “Pakistan” was given, he would encounter difficulty when he travels.

3.Accordingly, he requested the Director of Immigration (“the Director”) that in his HKSAR passport, his POB should be stated as “Karachi”.

4.The Director refused his request.  In the Director’s letter of 3 February 2007, he said:

“Please note that, to facilitate the travel convenience of the holders, the format of the HK SAR e-Passport would conform with the international standards (i.e. the specifications of the International Civil Aviation Organization) which require, inter alia, that when a passport is issued to a person whose place of birth was outside the state issuing the document, the country of birth should be shown.  It is therefore necessary for the applicant to state his country of birth on the application form and the passport.  Under such circumstances, I regret that your request to insert the name of a Pakistan city instead of the country ‘Pakistan’ under the place of birth column in your HKSAR e-Passport cannot be acceded to.”

5.The applicant has produced evidence to show that in some countries, for example, Britain and Canada, one could give the city of one’s birth in one’s passport.  For example, he has produced evidence to show the passport policy of Canada as stated in the letter stated by the passport section of the Consulate General of Canada dated 28 February 2007 is that:

“The place of birth (POB) entered in a passport is a feature to assist in identifying the bearer of the passport and, for the majority of the travellers, they prevent further questioning at entry or exit points.  Inclusion of the applicant’s POB in the passport is optional.  The POB must, however, be provided on the application form.”

6.I believe, in the circumstances, leave should be granted to the applicant and I would do so.

Hon Le Pichon JA:

7.I agree.

Hon Tang VP:

8.The appeal is allowed.  Leave to apply for judicial review granted.

The Applicant, in person, present.