GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION

CACV000216A/2000

CACV 216/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 216 OF 2000

(ON APPEAL FROM HCAL 11/2000)

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BETWEEN
GURUNG KESH BAHADUR Applicant
AND
DIRECTOR OF IMMIGRATION Respondent

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Coram: Hon. Rogers VP, Le Pichon, JA and Chung, J in Court

Date of Hearing: 5 December 2001

Date of Judgment: 5 December 2001

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J U D G M E N T

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Hon. Rogers VP:

1. We will give leave to appeal to the Court of Final Appeal but, in doing so, I make it perfectly clear that, for my part, I do notthink the questions are the appropriate questions. The matter may well have repercussions and involve approximately one million peoplewho are non-permanent residents of Hong Kong. The questions of the right to leave Hong Kong and the right to travel, and the properinterpretation of the right to travel, are, in my view, very important questions, and for those reasons I am prepared to give leaveto appeal to the Court of Final Appeal, making it clear that I do not consider that the questions as framed are necessarily the correctquestions. Be that as it may, this Court gives leave.

2. As regards the application for stay of proceedings, I cannot see how this would work and, in any event, it is, in my view, totallyunnecessary. If the two decisions which this Court has quashed are restored by the Court of Final Appeal, so be it. That will bethe end of the matter. I do not see that, in the meantime, it puts the Director of Immigration in any difficulties at all.

3. For those reasons, the application for a stay pending the appeal is refused.

Hon. Le Pichon JA:

4. I agree.

Hon. Chung J:

5. I agree.

(Anthony Rogers) (Doreen Le Pichon) (Andrew Chung)
Vice-President Justice of Appeal Justice of the Court of First Instance

Representation:

Mr Paul Harris, instructed by Messrs Jal N Karbhari & Co., for the Applicant/Respondent

Mr William R Marshall, SC, and Mr Lee Tin Yan, instructed by the Department of Justice, for the Respondent/Applicant