Ng Ka Ling V Director Of Immigration
   HOME
*





Ng Ka Ling V Director Of Immigration
''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 have acquired Hong Kong permanent residency at the time of birth of the children. The Hong Kong Court of Final Appeal held that it had jurisdiction in reviewing the consistency of legislations or acts of the National People's Congress (NPC) or the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China with the Hong Kong Basic Law, and if legislations or acts of the executive were found to be inconsistent, the jurisdiction to hold NPC or NPCSC acts as invalid. The CFA judgment sparked serious controversy concerning the relationship between the Hong Kong Special Administrative Region (HKSAR) and the Central Peopl ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Court Of Final Appeal (Hong Kong)
The Hong Kong Court of Final Appeal (HKCFA or CFA) 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. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise sovereig ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Immigration Department (Hong Kong)
The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau, another Special Administrative Region of China. In addition, visa-free entry acceptance regulations into Hong Kong for passport holders of some 170 countries remain unchanged before and after 1997. In a special arrangement, although Hong Kong's residents of Chinese descent are defined as citizens of the People's Republic of China, as stipulated by the Basic Law, Hong Kong's Immigration Department is responsible for issuing Hong Kong SAR passports for Hong Kong residents who are al ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Constitutional Review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some country, countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation. There are very specific cases in which the constitutional review differs from common law to civil law (legal system), civil law as well as judicial review in general. Written and rigid Constitution, rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called ''fundamental law'', ''supreme law'', ''law of the laws'', ''basic law'', they have more difficult and legal procedure, formal procedures to updating them than other laws, which are ''sub-constitutional''. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

People's Republic Of China Permit For Proceeding To Hong Kong And Macao
A People's Republic of China Permit for Proceeding to Hong Kong and Macao, or One-way Permit, is a document issued by the People's Republic of China allowing residents of mainland China to leave the mainland permanently to settle in Hong Kong or Macau. The scheme was introduced in 1980. The travel restriction was needed to prevent large volumes of people coming to Hong Kong or Macau and preventing illegal immigration. Citizen rights When settling to Hong Kong or Macau, the household registration in the mainland is relinquished, however, a person need to reside in the SAR for 7 years for the permanent resident status, which grants citizen rights. Therefore, before the person can acquire permanent resident status, he/she is effectively a second-class citizen in the SAR, without citizen rights (e.g. getting a passport) in both mainland China or the SAR. Selected statistics on One-way Permit Holders (OWPHs) As of the end of 2016, approximately 950,000 mainland migrants came f ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice. This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies. The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals. Cases i ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Court Of First Instance (Hong Kong)
The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law after the transfer of sovereignty over Hong Kong from the United Kingdom to China. The Court of First Instance is the highest court in Hong Kong that can hear cases at first instance with unlimited jurisdiction in both civil and criminal matters. It hears predominantly civil cases but only relatively few criminal cases were heard at first instance, mostly involving the most serious crimes such as homicide offences, rape, serious drugs offences and major commercial frauds. It is also an appellate court hearing appeals against decisions made by Masters as well as those of: *Magistrates' Courts * Small Claims Tribunal * Obscene Articles Tribunal *Labour Tribunal *Minor Employment Claims Adjudication Board It is the only court in ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Public Security Bureau (China)
A Public Security Bureau (PSB) () of a city or county, or Public Security Department (PSD) () of a province or autonomous region, in the People's Republic of China refers to a government office essentially acting as a police station or a local or provincial police/sheriff; the smallest police stations are called police posts (). The PSB/PSD system is similar in concept to the Japanese Kōban system, and is present in each province and municipality. Typically, a PSB/PSD handles policing, public security, and social order. Other duties include residence registration ("hukou") and internal and external migration matters, such as the registration of temporary residents (including both foreign and domestic visitors). The system of public security bureaus is administered by the Ministry of Public Security (MPS), which co-ordinates the work of provincial public security departments that are also answerable to the local governments and provincial party secretaries. PSB's located in eac ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Hong Kong Government Gazette
''Hong Kong Government Gazette'' is the official publication of the Government of Hong Kong and publishes laws, ordinances and other regulations. It is managed under the Government Logistics Department (GLD). The Director of the GLD reports to the Secretary for Financial Services and the Treasury (and then to the Financial Secretary). The ''Government Gazette'' began on 24 September 1853 by the then British Crown colony and continues today as the publication of the Special Administrative Region of the People's Republic of China The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ... and renamed as the'' Government of the Hong Kong Special Administrative Region Gazette''. Old records are kept by libraries around the world and the government of Hong Kong. Online records of the Gazette ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Hong Kong Identity Card
The Hong Kong identity card (officially HKIC, commonly HKID) is an official identity document issued by the Immigration Department of Hong Kong. According to the Registration of Persons Ordinance (Cap. 177), all residents of age 11 or above who are living in Hong Kong for longer than 180 days must, within 30 days of either reaching the age of 11 or arriving in Hong Kong, register for an HKID.Immd.gov.hk.immd.gov.hk." ''The government of the Hong Kong Special Administrative Region.'' Retrieved on 7 February 2008. HKIDs contain amongst others the name of the bearer in English, and if applicable in Chinese. The HKID does not expire for the duration of residency in Hong Kong. The Hong Kong permanent identity card is a class of HKID issued to Hong Kong residents who have the right of abode (ROA) in the Hong Kong Special Administrative Region.Yearbook.gov.hk.Yearbook.gov.hk." ''Hong Kong 2006.'' Retrieved on 7 February 2008. There are around 8.8 million Hong Kong identity cards ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Hong Kong Special Administrative Region Passport
The Hong Kong Special Administrative Region passport is a passport issued only to permanent residents of Hong Kong who also hold Chinese citizenship. Note that: The passport is referred to both as the HKSAR Passport and the Hong Kong Special Administrative Region Passport. In accordance with the Basic Law of the Hong Kong Special Administrative Region, since the transfer of sovereignty on 1 July 1997, the passport has been issued by the Immigration Department of the Government of Hong Kong under the authorisation of the Central People's Government of the People's Republic of China. As the official languages of Hong Kong are Chinese and English, the passport is printed bilingually in both Chinese (traditional characters) and English. In late 2019, the fourth version of the HKSAR passport was launched. Name In English, the passport is sometimes referred to by its long-form name which appears on the cover (i.e. the Hong Kong Special Administrative Region People's Republic ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Provisional Legislative Council
The Provisional Legislative Council (PLC) was the interim legislature of Hong Kong that operated from 1997 to 1998. The legislature was founded in Guangzhou and sat in Shenzhen from 1996 (with offices in Hong Kong) until the handover in 1997 and moved to Hong Kong to serve as the temporary replacement of the Legislative Council of Hong Kong. It was established by the Preparatory Committee for the Hong Kong Special Administrative Region by resolution at its Second Plenary Session on 24 March 1996. The 60 members of the PLC were elected on 21 December 1996 by the 400-member Selection Committee for the First Government of the HKSAR, which also elected the first Chief Executive. The official start date for this council was on 25 January 1997. History 1992 electoral reforms When the Hong Kong Basic Law was promulgated on 4 April 1990, the National People's Congress (NPC) issued a decision on the same day on the formation of the first government and legislature of the Hong Kong Spec ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Immigration Ordinance
The Immigration Ordinance is Chapter 115 of Hong Kong's Ordinances. It regulates the immigration issues of Hong Kong, such as Right of Abode, immigration control and enforcement of illegal immigration by Immigration Department. Introduced in 1971 (as Cap 55), it replaced a number of earlier ordinances that dealt with immigration control from China into Hong Kong: * Passport Ordinance 1923 * Travellers' Restriction Ordinance 1915 * Registration of Persons Ordinance 1916 - amended 1935 * Immigration Control Ordinance 1940; 1949 * Deportation Ordinance 1917 * Immigration and Passport Ordinance 1934 The previous ordinances reflected the flow of immigration prior to establishment of the People's Republic of China in 1949 which resulted in a large movement of immigrants and illegal immigration from then onwards. This ordinance is often cited in controversial policies and the restrictive nature of immigration in Hong Kong, especially in regards to right of abode to non-Chinese immig ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]