The Director Of Immigration v Cheung Lai Wah

Cited as:[1999] 1 HKLRD 577; (1999) 2 HKCFAR 141
Court:Court of Final Appeal (Hong Kong)
Judgement Number:FACV16/1998
Judgment Date:26 Feb 1999
FACV000016A/1998 THE DIRECTOR OF IMMIGRATION v. CHEUNG LAI WAH

FACV000016A/1998

FACV No. 14 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 14 OF 1998 (CIVIL)

(ON APPEAL FROM CACV No. 216 OF 1997)

_____________________

Between:
NG KA LING
NG TAN TAN
(infants by their father and next friend
NG SEK NIN)
Appellants
AND
THE DIRECTOR OF IMMIGRATION Respondent

_____________________

FACV No. 15 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 15 OF 1998 (CIVIL)

(ON APPEAL FROM CACV No. 217 OF 1997)

_____________________

Between:
TSUI KUEN NANG Appellant
AND
THE DIRECTOR OF IMMIGRATION Respondent

_____________________

FACV No. 16 of 1998

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

FINAL APPEAL NO. 16 OF 1998 (CIVIL)

(ON APPEAL FROM CACV No. 203 OF 1997)

_____________________

Between:
THE DIRECTOR OF IMMIGRATION Appellant
AND
CHEUNG LAI WAH
(an infant suing by her father and next friend
CHEUNG MIU CHEUNG)
Respondent

_____________________

Court: Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Bokhary PJ and Sir Anthony Mason NPJ

Date of Hearing: 26 February 1999

Date of Judgment: 26 February 1999

___________________

J U D G M E N T

___________________

Chief Justice Li:

1. This is the unanimous judgment of the Court.

2. On 29 January 1999, the Court gave judgment in these appeals. On 24 February 1999, the Director of Immigration filed a notice of motion applying for clarification of that part of the judgment which relates to the National People's Congress and its Standing Committee. The ground stated in the motion is that the matter is of great constitutional, public and general importance.

3. This application invites the Court to take an exceptional course. After a judgment is given, it is for the public and the legal profession to consider that judgment. Where appropriate, the Court can be asked to consider it in a subsequent case. However, we are faced with an exceptional situation. Various different interpretations have been put on the part of the Court's judgment referred to in the motion and this has given rise to much...

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