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FACV000019_2012

FACV000019_2012

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Published by Rappler Philippines
FINAL APPEAL NO. 19 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 204 OF 2011)
Between :

VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS
VALLEJOS EVANGELINE B. Applicant (Appellant)

- and -

COMMISSIONER OF REGISTRATION 1st Respondent (1st Respondent)
REGISTRATION OF PERSONS TRIBUNAL 2nd Respondent (2nd Respondent)

====

FINAL APPEAL NO. 20 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 261 OF 2011)
Between :

DOMINGO DANIEL L. Applicant (Appellant)

- and -

COMMISSIONER OF REGISTRATION 1st Respondent (1st Respondent)
REGISTRATION OF PERSONS TRIBUNAL 2nd Respondent (2nd Respondent)

Before :
Chief Justice Ma, Mr Justice Chan PJ,
Mr Justice Ribeiro PJ, Mr Justice Hartmann NPJ and Sir Anthony Mason NPJ

Dates of Hearing: 26-28 February 2013
Date of Judgment: 25 March 2013
FINAL APPEAL NO. 19 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 204 OF 2011)
Between :

VALLEJOS EVANGELINE BANAO, ALSO KNOWN AS
VALLEJOS EVANGELINE B. Applicant (Appellant)

- and -

COMMISSIONER OF REGISTRATION 1st Respondent (1st Respondent)
REGISTRATION OF PERSONS TRIBUNAL 2nd Respondent (2nd Respondent)

====

FINAL APPEAL NO. 20 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 261 OF 2011)
Between :

DOMINGO DANIEL L. Applicant (Appellant)

- and -

COMMISSIONER OF REGISTRATION 1st Respondent (1st Respondent)
REGISTRATION OF PERSONS TRIBUNAL 2nd Respondent (2nd Respondent)

Before :
Chief Justice Ma, Mr Justice Chan PJ,
Mr Justice Ribeiro PJ, Mr Justice Hartmann NPJ and Sir Anthony Mason NPJ

Dates of Hearing: 26-28 February 2013
Date of Judgment: 25 March 2013

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Published by: Rappler Philippines on Mar 25, 2013
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FACV Nos 19 & 20 of 2012FACV No. 19 of 2012
IN THE COURT OF FINAL APPEAL OF THEHONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NO. 19 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 204 OF 2011) _____________________ Between :
VALLEJOS EVANGELINE BANAO, ALSOKNOWN ASVALLEJOS EVANGELINE B.
Applicant(Appellant)
- and -COMMISSIONER OF REGISTRATIONREGISTRATION OF PERSONS TRIBUNAL
1
st
Respondent(1
st
Respondent)2
nd
Respondent(2
nd
Respondent)
 
 ____________________ 
FACV No. 20 of 2012
IN THE COURT OF FINAL APPEAL OF THEHONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NO. 20 OF 2012 (CIVIL)
(ON APPEAL FROM CACV NO. 261 OF 2011) _____________________ 
 
-2-Between :
DOMINGO DANIEL L.
Applicant(Appellant)
- and -COMMISSIONER OF REGISTRATIONREGISTRATION OF PERSONS TRIBUNAL
1
st
Respondent(1
st
Respondent)2
nd
Respondent(2
nd
Respondent)
 
 ____________________ Before : Chief Justice Ma, Mr Justice Chan PJ,Mr Justice Ribeiro PJ, Mr Justice Hartmann NPJand Sir Anthony Mason NPJDates of Hearing: 26-28 February 2013Date of Judgment : 25 March 2013
J U D G M E N TChief Justice Ma:
1.
 
This is the judgment of the Court to which each member has contributed.2.
 
In this appeal, it falls to the Court to consider the constitutionality of legislation which prevents persons who are not of Chinese nationality and whoenter Hong Kong for employment as foreign domestic helpers from acquiringHong Kong permanent resident status.
 
-3-
 A. The central provisions and the decisions below
3.
 
Article 24(2)(4) of the Basic Law provides for the acquisition of  permanent resident status by persons not of Chinese nationality as follows:
 Article 24(2)(4)
 
“The permanent residents of the Hong Kong Special Administrative Region shall be ...Persons not of Chinese nationality who have entered Hong Kong with valid traveldocuments, have ordinarily resided in Hong Kong for a continuous period of not less thanseven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region.”
1
 
4.
 
Section 2(4)(a) of the Immigration Ordinance (“the Ordinance”),
2
 stipulates that certain categories of persons are not to be treated as “ordinarilyresident” in Hong Kong. They are therefore not eligible to acquire Hong Kong permanent resident status and ineligible for the right of abode:
Section 2(4)
For the purposes of this Ordinance, a person shall not be treated as ordinarily resident inHong Kong-(a) during any period in which he remains in Hong Kong-(i) with or without the authority of the Director, after landing unlawfully; or (ii) in contravention of any condition of stay; or (iii) as a refugee under section 13A; or (iv) while detained in Hong Kong under section 13D; or (v) while employed as a contract worker, who is from outside Hong Kong, under a Government importation of labour scheme; or (vi) while employed as a domestic helper who is from outside Hong Kong; or (vii) as a member of a consular post within the meaning of the Consular RelationsOrdinance; or (viii) as a member of the Hong Kong Garrison; or 
1
Article 24(2)(5) addresses the position of the children of persons coming within Article24(2)(4).
2
Cap 115.

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