INTERNATIONAL DECISION: Ng Ka Ling V. Director of Immigration. 2 Hkcfar 4. Court of Final Appeal of the Hong Kong Special Administrative Region, January 29, 1999 Skip over navigation
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Copyright (c) 2000 The American Society of International Law
American Journal of International Law

INTERNATIONAL DECISION: Ng Ka Ling V. Director of Immigration. 2 Hkcfar 4. Court of Final Appeal of the Hong Kong Special Administrative Region, January 29, 1999

INTERNATIONAL DECISION: Lau Kong Yung V. Director of Immigration. 3 Hklrd 778. Available in <http://www.info.gov.hk/jud/guide2cs/html/cfa/judmt/facv_10_11_99.htm>. Court of Final Appeal of the Hong Kong Special Administrative Region, December 3, 1999

January, 2000

94 A.J.I.L. 167

Author

Frank Shihong Hong, Richard & Richard, P.A., Miami, FL, Edited by Bernard H. Oxman

Excerpt

On January 29, 1999, nineteen months after the People's Republic of China resumed the exercise of sovereignty over Hong Kong, the Court of Final Appeal of the Hong Kong Special Administrative Region (HKSAR) handed down its first decision interpreting the Basic Law of the HKSAR. 1 The Ng Ka Ling case 2 and a companion case 3 were test cases that challenged ordinances enacted by the controversial HKSAR Provisional Legislative Council (PLC). The ordinances regulated the right of Chinese nationals who are Mainland residents to claim resident status in Hong Kong on the grounds that one or both of their parents were residents. In a sweeping, unanimous decision, the court struck down certain provisions of the ordinances, most notably the Mainland authorities' application of a quota system for issuing documents establishing resident status.

On May 20, 1999, the chief executive of the HKSAR -- estimating that over the course of the next decade, no less than 1.67 million more persons in the Mainland would qualify for residence as a result of the court's judgments -- requested that the Chinese central government issue a formal interpretation of the Basic Law permitting Hong Kong to impose the restrictions struck down by the court. On June 26, 1999, the Standing Committee of the Chinese National People's Congress adopted such an interpretation. 4 On December 3, 1999, in the Lau Kong Yung case, the court unanimously yielded to the Standing Committee's express power of interpretation under the Chinese Constitution 5 and the ...
 
 
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