← All Authorities
Hong Kong Leading Case article 158 interpretation by npcscarticle 82 court of final appeal

Chan Kam Nga v Secretary for Justice

(1999) 2 HKCFAR 82
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year1999
StatusOverruled

Summary

CFA held children born outside HK to permanent residents had right of abode under BL Art 24(2)(3), but this interpretation was superseded by NPCSC reinterpretation in 1999.

Key Principle

right of abode; BL Art 24(2)(3); children born to Hong Kong permanent residents outside HK; CFA original interpretation before NPCSC reinterpretation

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

Ask CommonBench about this case

Get a detailed analysis of Chan Kam Nga v Secretary for Justice and how it applies to your situation.

Explain Chan Kam Nga v Secretary for J...