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

Lau Kong Yung v Director of Immigration (NPCSC Interpretation)

[1999] HKCFA 85
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year1999
StatusBinding authority

Summary

An NPCSC interpretation of the Basic Law under Article 158 is binding on HK courts and operates retroactively.

Key Principle

An interpretation of the Basic Law by the NPCSC under Article 158 is binding on the courts of Hong Kong and operates retroactively.

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 Lau Kong Yung v Director of Immigration (NPCSC Interpretation) and how it applies to your situation.

Explain Lau Kong Yung v Director of Im...