Immigration

Legal Background The concept of transnational citizenship underpins the EU (Art. 9 of the Treaty on European Union), and rights of free movement stem from transnational citizenship.  The...
June 2016
Costs – judicial review – whether errors committed by Torture Claims Appeal Board (“TCAB”) constituted flagrantly improper conduct so as to be liable for costs X and the Director of Immigration,...
March 2016
Permanent residency – right of abode after July 1997 – relevance of HKID card issued before July 1997 – applicability of Art. 5 of Chinese Nationality Law X’s parents were permanent residents of...
June 2015
Written by Mark Daly, Principal, Daly & Associates, Hong Kong SAR, China Mark Daly provides an update on the key developments in refugee and non-refoulement law. Introduction The...
October 2014
The latest chair of the Equal Opportunities Commission (“EOC”) talks to Hong Kong Lawyer about discrimination, which accounts for most of the EOC’s concerns. He also touches on gender identity, a...
October 2013
Permanent residence — child born in Hong Kong to foreign domestic helper-mother A Philippine foreign domestic helper (“M”) had worked in Hong Kong since 1991. Her son (“X”) was born in Hong Kong...
September 2013
Giving false information to police — whether sentence manifestly excessive The defendant (“D”) pleaded guilty to giving false information to the police and to having landed in Hong Kong unlawfully...
September 2013
Permanent residence —incumbent to treat application as one for permanent identity card where asserted by applicant A Nigerian (“X”), was permitted to enter and remain as a visitor in Hong Kong...
July 2013
Divorce — jurisdiction — discretion to stay proceedings for forum non conveniens In 2002, a husband (“H”) and wife (“W”), both mainland Chinese nationals, married in Hong Kong. From 1992, H had...
June 2013
Immigration offences — having landed unlawfully in Hong Kong remaining without authority The defendant (“D”) pleaded guilty to remaining in Hong Kong without authority after having landed...
June 2013
This is the question facing Florida’s Supreme Court, which now has to consider the implications of issuing a law license to an undocumented immigrant and law school graduate who passed the Florida...
November 2012