GURUNG KESH BAHADUR v. DIRECTOR OF IMMIGRATION

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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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 not think the questions are the appropriate questions. The matter may well have repercussions and involve approximately one million people who are non-permanent residents of Hong Kong. The questions of the right to leave Hong Kong and the right to travel, and the proper interpretation of the right to travel, are, in my view, very important questions, and for those reasons I am prepared to give leave to appeal to the Court of Final Appeal, making it clear that I do not consider that the questions as framed are necessarily the correct questions. 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, totally unnecessary. If the two decisions which this Court has quashed are restored by the Court of Final Appeal, so be it. That will be the 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.