Case Details

Citation

THE DIRECTOR OF IMMIGRATION v. LAU FONG, FAMV 14/2003

Case Number

FAMV 14/2003

Court

Court of Final Appeal

(CFA)

Decision Date

17 July 2003

Parties

Applicant(s):

THE DIRECTOR OF IMMIGRATION

Respondent(s):

LAU FONG

For Applicant(s):

Mr David Pannick QC; Mr William Marshall SC

For Respondent(s):

Mr Hectar Pun (instructed by Messrs Patrick Wu & Co and assigned by the Legal Aid Department); the Department of Justice)

THE DIRECTOR OF IMMIGRATION v. LAU FONG

FAMV 14/2003

Court of Final Appeal17 July 2003

FAMV000014/2003 THE DIRECTOR OF IMMIGRATION v. LAU FONG

FAMV000014/2003

FAMV No.14 of 2003

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 14 OF 2003 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 287 OF 2000)

_____________________

Between:
	THE DIRECTOR OF IMMIGRATION	Applicant

	AND

	LAU FONG	Respondent

_____________________

Appeal Committee: Chief Justice Li, Mr Justice Bokhary PJ and Mr Justice Chan PJ

Date of Hearing: 17 July 2003

Date of Determination: 17 July 2003

_____________________________

DETERMINATION

_____________________________

Chief Justice Li:

1. There are arguable points of general and public importance and we grant leave to appeal. On the appeal, all points would have to be ventilated, including the various possible statutory powers to deal with alleged fraud and in relation each of them, the appropriate procedure, the standard of satisfaction by the decision maker and the standard of judicial intervention.

2. We note that the Respondent is on legal aid. Legal Aid should continue and despite Mr Pun's ability, the Director of Legal Aid would presumably consider it appropriate to instruct leading counsel on a matter of such importance.

3. We note Mr Pannick has stated that the Director of Immigration is bound by the Court of Appeal's judgment. Therefore, the Respondent would have the right to enter Hong Kong after travelling outside Hong Kong on the basis of the present extant permission to stay which I believe would only expire in early 2005.

(Andrew Li)	(Kemal Bokhary)	(Patrick Chan)
Chief Justice	Permanent Judge	Permanent Judge

Representation:

Mr David Pannick QC and Mr William Marshall SC (instructed by the Department of Justice) for the applicant

Mr Hectar Pun (instructed by Messrs Patrick Wu & Co. and assigned by the Legal Aid Department) for the respondent

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Appeal history

LAU FONG v. THE DIRECTOR OF IMMIGRATION
CFI · 20 Jun 2000
On appeal from
LAU FONG v. THE DIRECTOR OF IMMIGRATION
CA · 29 Jun 2001
On appeal from
LAU FONG v. THE DIRECTOR OF IMMIGRATION
CA · 4 Dec 2002
On appeal from
LAU FONG v. THE DIRECTOR OF IMMIGRATION
CA · 21 Mar 2003
On appeal from
LAU FONG v. THE DIRECTOR OF IMMIGRATION
CA · 21 Mar 2003
On appeal from
THE DIRECTOR OF IMMIGRATION v. LAU FONG
CFA · 17 Jul 2003
This judgment
THE DIRECTOR OF IMMIGRATION v. LAU FONG
CFA · 9 Mar 2004
On appeal from