Butterworths Hong Kong Immigration Law Handbook, 3rd Edition

Author: Yang-Wahn Hew; Kevin Lau
Publisher: LexisNexis Hong Kong
ISBN: 9789888682355
Published In: September 2020
Format: Paperback , 450 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Author

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Butterworths Hong Kong Immigration Law Handbook - Third Edition is the essential guide to the Immigration Ordinance (Cap 115). The full text of the Ordinance is reproduced, and section-by-section annotations include amendment notes, carefully researched case authorities, expert commentary, and other authoritative material.

Butterworths Hong Kong Immigration Law Handbook - Third Edition is the essential guide to the rapidly evolving area of immigration law and practice in Hong Kong. This handbook makes available in a convenient form the full text of the Immigration Ordinance (Cap 115), together with section-by-section annotations, amendment notes, carefully researched case authorities, expert commentary, and other authoritative material presented in a concise and succinct style.

The third edition of this handbook has been updated with the latest developments, including but not limited to: annotations to Part VIIC and Schedule 1A of the Ordinance, which concerns non-refoulement law; discussion on the relevance of family and socio-economic rights under the Basic Law and Hong Kong Bill of Rights; the proper approach to humanitarian considerations concerning dependant visas, deportation orders, and removal orders; definition and method of proof of "Chinese Nationality" in relation to permanent residents; a recent CFA decision exploring discrimination on the basis of sexual orientation in the dependent visa policy; various offences under the Ordinance.

This series has been citied with authority in over one hundred court cases in the Hong Kong Court of First Instance, Court of Appeal and Court of Final Appeal. Practitioners, immigration law specialists, academics, students and all others engaged or interested in immigration law and practice in Hong Kong will find this handbook invaluable.

Introduction
Immigration Ordinance (Cap 115)
Immigration Regulations (Cap 115A)
Immigration (Places of Detention) Order (Cap 115B)
Immigration (Anchorages and Landing Places) Order (Cap 115C)
Immigration (Unauthorized Entrants) Order (Cap 115D)
Immigration (Treatment of Detainees) Order (Cap 115E)
Authorization by the Governor under Section 58A (Repealed) (Cap 115F)
Immigration (Vietnamese Refugee Centres) (Designation) (Consolidation) Order (Cap 115G)
Immigration (Vietnamese Refugee Centres) (Open Centre) Rules (Cap 115H)
Immigration (Vietnamese Refugee Centres) (Departure Centre) Rules (Cap 115I)
Immigration (Refugee Status Review Boards) (Procedure) Regulations (Cap 115L)
Immigration (Vietnamese Migrants) (Detention Centres) Rules (Cap 115M)
Immigration (Vietnamese Migrants) (Detention Centres) (Designation) Order (Cap 115N)
Immigration (Vietnamese Boat People) (Shek Kwu Chau Detention Centre) Rules (Cap 115P)

Yang-Wahn Hew

Since Yang was called to the Bar in 2005 he has acted both for and against the Government in various cases with significant implications for commercial and/or fundamental rights. These include appearing for the Secretary for Justice in a judicial review which arose out of the Inquiry on Allegations relating to the Hong Kong Institute of Education, with which Yang was also involved, and also having recently acted for the Director of Immigration, or for the Secretary of Security, in several judicial reviews concerning immigration and human rights, such as such as Re FAR [2017] 2 HKLRD 1166, Sarkar v TCAB [2019] 4 HKC 484, and Shove Sherpa v Director of Immigration [2020] 1 HKC 548 (CA).

Kevin Lau

Kevin was called to the Bar in 2017. He is developing a broad civil practice, including one with public law elements (see e.g. his appearances for the returning officers in Chow Ting v Teng Yu-Yan Anne [2019] 4 HKLRD 459 and Lau Siu Lai v Kwok-Wai Fan Franco [2020] HKCFI 787). He has also received instructions in immigration-related matters, including in particular torture claim-related applications.