Preview

Case Summary and Analysis: Fateh Muhammad's Hong Kong Residency Appeal

Powerful Essays
Open Document
Open Document
4554 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Summary and Analysis: Fateh Muhammad's Hong Kong Residency Appeal
CFA

Fateh Muhammad v Commissioner of Registration & Another Bokhary PJ

659

A

Fateh Muhammad and Commissioner of Registration & Another

Appellant

Respondents

B

(Court of Final Appeal) (Final Appeal No 24 of 2000 (Civil))
C

Li CJ, Bokhary and Chan PJJ, Nazareth and Sir Anthony Mason NPJJ 21–23 May and 20 July 2001
D

Immigration — permanent residence — ordinary residence requirement — being in prison or training or detention centre did not constitute “ordinary residence” within art.24 — Basic Law art.24 Immigration — permanent residence — persons not of Chinese nationality — under art.24(2)(4), period of ordinary residence must be “immediately before” permanent residence application — Basic Law art.24(2)(4) Words and phrases — “ordinarily resident” [Basic Law art.24(2)(4); Immigration Ordinance (Cap.115) s.2(4)(b), Sched.1 para.1(4)(b)]

E

F

! !"#$ OQ

!"# ! "#$%&

!"#$!%"& !" OQ OQEOFEQF !" !" OQEOFEQF
OEQFEÄF N

! !!"# !"# $%&' ()*+,-./0
G

!"# x !" OQEOFEQF NEQFEÄF z

!" #$ NNR %

H

In 1998, X, a Pakistani-national, applied for a permanent identity card, claiming that he was a permanent resident under art.24(2)(4) of the Basic Law. Article 24(2)(4) provided “Persons not of Chinese nationality who have … ordinarily resided in Hong Kong for a continuous period of not less than seven years” were permanent residents. X had lived in Hong Kong since the 1960s, but between I 1994–97, had been in prison for non-immigration offences. Seven years had not elapsed since his release from prison. The lower courts held that he was not a permanent resident. X appealed. Held, dismissing the appeal, that: (1) The word “detention” as used in s.2(4)(b) of the Immigration Ordinance (Cap.115) was to be construed as covering only detention in a training or detention centre. (See p.644A–C.)

J

660

HONG KONG LAW REPORTS & DIGEST

[2001] 2 HKLRD

(2) Subject to the possibility that an extremely short period of

You May Also Find These Documents Helpful

  • Good Essays

    Though they were to be granted the reentry to United States regardless of their nationality and if a Chinese immigrant was related to the citizen of America they would be allowed entrance to the nation. The ongoing conflict in the Asia also contributed a lot to the Chinese Exclusion act. The imminent significance of this act was to maintain the employment rate among the nation even after restricting Chinese laborers the entrance to United States. As section 7 states “That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding $1,000, and imprisoned in a penitentiary for a term of not more than five years.” Forgery and conviction was taken seriously at the time with regards to the documentation and certificates of the Chinese immigrants so as to maintain…

    • 515 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Issue: Is the deportation order made by the immigration officer (acting as a special inquiry officer) legal and made within the means of his power?…

    • 542 Words
    • 2 Pages
    Good Essays
  • Best Essays

    11 Eddy, Mary B. Glover. Science and Health, Cambridge: University Press John Wilson and Son, 1881.…

    • 1910 Words
    • 8 Pages
    Best Essays
  • Good Essays

    mandatory detention

    • 371 Words
    • 2 Pages

    "Unlawful non-citizens" to be detained, regardless of circumstances, until they are granted a visa or leave the country. This policy was introduced in 1992 and has been maintained by successive governments.…

    • 371 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    In 1992 the Keating Government introduced the Migration Amendment Act 1992 which enforced the mandatory detention of anybody who attempted to enter Australia without a valid visa. This was introduced as a means to deal with the rising numbers of unauthorized Indochinese boat arrivals in Australian waters. The Migration Amendment Act 1992 originally had a 273 day detention limit, which was shortly after removed with the Migration Reform Act 1992. This allowed for asylum seekers whose applications for refugee status in Australia were rejected to be detained indefinitely. 3…

    • 1599 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    With conflict around the world rising exponentially, more and more people are fleeing torture and persecution, sacrificing their identity, in the hope of living a new and safe life in Australia. The Migration Act 1958 requires people who are not citizens and are unlawfully in Australia to be detained. This legislation ensures that asylum seekers arriving in Australia can be detained for unspecific and prolonged periods of time. No one wants to be a refugee: they just want to live a normal life like everyone else but they are powerless to change the situation in their country, to change their circumstances.…

    • 1400 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Many people seek refuge in Australia to escape the terrors of their past lives back home. Due to Australia’s strict visa policy, many asylum seekers arrive in Australia by boat because they are denied other means of entry, such as the closing down of other possibilities for legal travel. This has led to an increase in the number of asylum-seeker boats coming to Australia over the past year, with the number of people held in immigration detention reaching record highs. The policy was put in place to act as a deterrent to future undocumented arrivals, which clearly has not been working as in the past year, the number of people held in detention centres increased to 12 967. Immigration detention centres differ little from prisons, with conditions such as no psychiatrists, community and support groups allowed no access, lack of interpreters and extreme isolation. This can lead to long term effects on already traumatised people, not to mention the substantial economic costs involved. The Australian Government has obligations under various international treaties to ensure that the human rights of asylum seekers are respected and protected; however, these rights include the right not to be arbitrarily detained, which Australia violates. The detention policy also contravenes with article ‘14’ of the Universal Declaration of Human Rights which…

    • 879 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Prime Minister Paul Keating began the mandatory detention for asylum seekers in 1992, in response to the growing concern of the number of people seeking asylum in Australia from Cambodia, China and Indonesia (Freeman). Initially an asylum seeker could only be detained for a maximum of 273 days, however this restriction was removed in 1994; thereby permitting individuals to be indefinitely detained (Freeman). It is not an uncommon practice to detain asylum seekers while their documentation is being processed. Criticism of Australian immigration policies has arisen due to the poor conditions of the detention centres, the treatment and mental health of individuals detained and the length of detention (Freeman).…

    • 1834 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Angel Island

    • 846 Words
    • 4 Pages

    ‘Angel Island served more as a detention and deportation center than an immigration center’(Lim, 1, 1991). The rejection was very high ‘50,000 came in while perhaps 9,000 were barred, rejection rate of 1 out of 6 which was higher than other immigration stations’ (Yung, the detention barracks, administration buildings, hospital, and powerhouse and a wharf. It had twelve cottages, a laundry, a stable, a carpenter shop, water tank, and a ferry boat’ (Roger, 5, 1997).…

    • 846 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The Chinese Exclusion act was a significant event for Canada because it gives Canada an example of what should not happen again. This was a terrible time for the Chinese immigrants who wanted to come to Canada. However, this act was only leaning towards the Chinese and nobody else. This is discrimination towards the Chinese. Since this act, Canada should learn from its mistakes and not discriminate a certain race. This significant event is a stepping stone for Canada to become an even better country.…

    • 85 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Detention Centres

    • 1259 Words
    • 6 Pages

    To support the integrity of Australia's immigration program, three groups will be subject to mandatory detention:…

    • 1259 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Chinese Exclusion was a temporary gateway to other opportunities Americans found to discrimination of persons of unfavorable nationalities. Anarchists, Convicted Felons, known Prostitutes, and “lunatics” were barred by Congress (Foner 659-660) from entering the country for a period of time at the end of the Nineteenth century and even entering into the Twentieth century. In 1904, the court cited Fong Yue Ting in its decision to uphold a law barring such people from entering. (Foner…

    • 585 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

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…

    • 1142 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    Hong Kong Legal System

    • 815 Words
    • 4 Pages

    questions addressed: HK sources of law, jury service and reciprocity between the HKSAR and PRC legal systems. The examination was held over two hours and written on a closed book basis. As with past exams, the examiners prepared a list of factors in advance of the examination that were relevant to answering each question. Thus, to answer the questions successfully, candidates needed to address a majority of those factors and to do so in a in a structured and relevant manner. Candidates should have also been able to express themselves in a clear and succinct manner. In order to answer the questions satisfactorily, candidates needed to have been able to cite relevant sources of law and/or major commentators in each area, as appropriate. The overall standard was not very good and was, impressionistically, not as good as in previous sessions. There were a very small number of papers that could be said to have attained even a very good, let alone excellent, standard. The vast majority were at the level of a very bare pass. On the whole, the same reasons for the poor standard of performance were present as in previous sessions: lack of relevant knowledge, lack of comprehension of the scope and parameters of each question, failure to address the question adequately either by directing material to answer the specific question or by responding to only one part of the question, and an inadequate standard of written English necessary to clearly communicate a response to the question. However, on this occasion it seemed that these factors had a detrimental impact on the performance of a wider group of candidates.…

    • 815 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Self defence

    • 12925 Words
    • 52 Pages

    Lowery, Jack, “A Statutory study of self-defence and defence of others as an excuse for homicide”, University of Florida Law Review, Vol. V (1952), p. 58.…

    • 12925 Words
    • 52 Pages
    Powerful Essays

Related Topics