Legislative Council

LC Paper No. LS 131/98-99

Paper for the Special House Committee Meeting
of the Legislative Council
on 5 March 1999

Legal Service Division Report on
Effect of Declarations made by the Court of Final Appeal on the Provisions of the Immigration Ordinance and Government Notice (Extraordinary) No. 21 of 1997

In the judgments for Final Appeal Nos. 13, 14, 15 and 16 of 1998 (Civil) delivered on 29 January 1999, the Court of Final Appeal declared certain provisions in the Immigration Ordinance (Cap. 115), the Immigration Regulations (Cap. 115 sub. leg.) and the Government Notice issued under sections 2AB(2)(a) and 2AC(2)(a) of the Ordinance (G.N. (E.) 21 of 1997) null and void. The provisions affected are marked up in the Annex for Members' reference.

On page 12 of the Judgment of Final Appeal No. 13 of 1998 (Civil), Mr Justice Bokhary PJ pointed out that the absence of any declaration on the constitutionality of the words "if his father or mother was settled or had the right of abode in Hong Kong at the time of the birth of the person or at any later time" in paragraph 2(a) of Schedule 1 of the Immigration Ordinance is not to be taken as an indication that that part of the paragraph is constitutional. The affected part is shown by square bracket on page 4 of the Annex.

We understand from the Court of Final Appeal that the Chinese version of the judgments is not yet available. The marked-up in the Chinese version of the Annex is therefore based on the English version of the judgments. There could be variations once the Chinese version of the judgments is issued by the Court of Final Appeal.


Prepared by
Legal Service Division
Legislative Council Secretariat
4 March 1999