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On 25 March 2013, the CFA issued its judgment that the restrictions on FDH's residence and employment in Hong Kong meant that they did not fall within the definition of "ordinarily resident" for immigration purposes; the judgment did not refer to the 1999 NPCSC interpretation, and thus with no Article 158 issues at hand, the CFA rejected the ...
Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 is a landmark Hong Kong Court of Final Appeal case which ruled that the right to form registered partnerships is guaranteed to same-sex couples by the right to privacy under Article 14 of the Bill of Rights.
Ng Ka Ling v Director of Immigration was a joint appeal of three cases decided in 1999 by Hong Kong's Court of Final Appeal (CFA). Chief Justice Andrew Li, in the Court's unanimous opinion, held that mainland-born children of Hong Kong permanent residents enjoyed the right of abode, regardless of whether one of their parents had acquired Hong Kong permanent residency at the time of birth of ...
The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region , replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law.
W v Registrar of Marriages [2013] HKCFA 39; FACV 4/2012 (Chinese: W訴婚姻登記官) is a landmark court case for LGBTQ rights in Hong Kong.In a 4:1 decision, the Court of Final Appeal gave transgender people the right to marry as their affirmed gender rather than their assigned gender (referred to in the decision as 'biological sex') at birth.
On Ground 2, the "implied repeal ground" the ERO was repealed by implication by the Hong Kong Bill of Rights Ordinance and/or the International Covenant on Civil and Political Rights (ICCPR) as applied in Hong Kong by the Basic Law. On Ground 3, the ERO cannot empower the Chief Executive to make any regulation restricting fundamental rights ...
This is a list of major cases decided by the Judicial Committee of the Privy Council.These include appeals from the following countries: [1] Canada (criminal until 1933; Civil case until 1949)
Director of Immigration v. Chong Fung Yuen was a 2001 case in Hong Kong's Court of Final Appeal.Chief Justice Andrew Li, in the Court's unanimous opinion, affirmed lower court decisions that Chinese citizens born in Hong Kong enjoyed the right of abode regardless of the Hong Kong immigration status of their parents. [1]