XIE XIAOYI v. THE DIRECTOR OF IMMIGRATION

CACV 301/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 301 OF 1999

(ON APPEAL FROM HCAL Nos. 13 & 14/1998 (Consolidated))

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HCAL 13/98

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D E T E R M I N A T I O N

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Hon Leong JA (giving the determination of the Court):

1. The applicants in these applications consolidated for this morning's purpose are all children adopted by Hong Kong permanent residents outside Hong Kong. They claimed that by reason of their adoption they have a right of abode under Article 24(2)(3) of the Basic Law.

2. The question raised in the appeal is whether Article 24(2)(3) of the Basic Law confers a right of abode to persons born outside Hong Kong but have been adopted by a Hong Kong permanent resident. This question concerns not only the status of the applicants but also other similarly adopted children. It also involves a construction of the Basic Law.

3. These applications are not opposed by the respondent. We agree that the appeal involves a question of great general or public importance in respect of which leave to appeal to the Court of Final Appeal should be granted to the applicants. Accordingly we grant leave. The costs of this application shall be costs in the appeal to the Court of Final Appeal.