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Director of Immigration v Chong Fung Yuen
''Director of Immigration v. Chong Fung Yuen'' was a 2001 case in Hong Kong's Court of Final Appeal. Chief Justice Andrew Li, in the Court's unanimous opinion, affirmed lower court decisions that Chinese citizens born in Hong Kong enjoyed the right of abode regardless of the Hong Kong immigration status of their parents. The case touched on issues of interpretation of the Hong Kong Basic Law, both common law interpretation by courts in Hong Kong as well as interpretation by the Standing Committee of the National People's Congress (NPCSC) of the People's Republic of China. Professor Albert Chen of the University of Hong Kong describes the case as part of a "period of elaboration and consolidation of the regime of rights in the Hong Kong SAR", lasting roughly from 2000 to 2002.〔
==Background==
The respondent, Chong Fung Yuen (莊豐源), was three years old at the time of the decision. His father Chong Kee Yan (莊紀炎) and mother lived in Shanwei, Guangdong. They came to Hong Kong as temporary visitors on two-way permits in September 1997 to visit the father's own father Chong Yiu Shing (莊曜誠). Chong Fung Yuen himself was born soon after they arrived. Chong Yiu Shing applied for permanent residency on his behalf. At the time of Chong's birth, another major right of abode case had already been set in motion, and would eventually reach the CFA as ''Ng Ka Ling v. Director of Immigration''. Following the unfavourable ruling for the Director of Immigration in that case, the Chief Executive of Hong Kong (then Tung Chee Hwa) sought and on 26 June 1999 obtained an interpretation of Articles 22(4) and 24(2)(3) of the Basic Law from the NPCSC. That interpretation referred to the Basic Law Preparatory Committee's legislative intent behind the whole of Article 24 in rendering its decision.〔
Chong's case turned on Article 24(2)(1) of the Basic Law ("BL 24(2)(1)"), which states that permanent residents of Hong Kong include "Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region", and Paragraph 2(a) of Schedule 1 to the Hong Kong Immigration Ordinance, which restricted that provision to persons whose "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".〔 Chong filed suit against the Director of Immigration in the Court of First Instance, claiming to be a permanent resident with the right of abode under BL 24(2)(1).〔 Gladys Li represented Chong, while Joseph Fok represented the Director of Immigration. On 24 December 1999, Judge Frank Stock of the CFI ruled in Chong's favour, stating that the provision of the IO in question derogated from his rights under BL 24(2)(1). The CFI addressed only the language of BL 24(2)(1) and not the NPCSC interpretation.〔 The Director of Immigration appealed to the Court of Appeal, where on 27 July 2000 Vice-President Simon Mayo and Justices Arthur Leong and Anthony Rogers also ruled in Chong's favour, affirming the lower court's decision regarding the language of BL 24(2)(1) and additionally stating that the NPCSC interpretation did not address BL 24(2)(1) and thus had no effect on it. The Director of Immigration appealed for the last time to the CFA, which dismissed the appeal.〔
''Chong'' was one of three CFA cases relating to the right of abode that year, the other two being ''Fateh Muhammad v. Commissioner of Registration'' (which ruled that a foreign national's seven years of "ordinary residence" qualifying him to apply for permanent residence must immediately precede his application, thus disqualifying a Pakistani migrant who resided in Hong Kong since the 1960s but had recently served a four-year prison sentence), and ''Tam Nga Yin v. Director of Immigration'' (which ruled that mainland-born children adopted by Hong Kong parents did not thus gain the right of abode). The hearing was held in March, but the Court of Final Appeal refrained from issuing its decision until after the hearings on the latter two cases.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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