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Fateh Muhammad v Commissioner of Registration
''Fateh Muhammad v. Commissioner of Registration and Registration of Persons Tribunal'' was a 2001 case in the Court of Final Appeal, Hong Kong by a Pakistani migrant seeking the right of abode in Hong Kong. The case concerned provisions of the Immigration Ordinance requiring that a non-Chinese national's seven years of "ordinary residence" qualifying him to apply for permanent residence immediately precede his application. The unanimous opinion, written by Justice Kemal Bokhary (himself of Pakistani background), ruled that those provisions were not inconsistent with the Hong Kong Basic Law. The ruling in the case temporarily disqualified the appellant from applying for permanent residency, though he was expected to qualify again a few years later.
==Background==
Fateh Muhammad was a Pakistani migrant who had resided in Hong Kong since 1962.〔 He was sentenced to four years in prison in 1993 for conspiracy to utter forged banknotes. The Secretary for Security ordered that he be deported from Hong Kong upon completion of his sentence. Muhammad applied to the Director of Immigration for verification of eligibility for a Hong Kong permanent identity card; effectively, he sought to assert that he had the right of abode in Hong Kong and thus under Immigration Ordinance 2A(1)(c) could not be deported. The Director refused verification on the grounds that Muhammad had not been "ordinarily resident" in Hong Kong for the seven years immediately preceding his application for verification, because under IO 2(4)(b) time spent in prison is not considered "ordinarily resident".
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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