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Articles: Immigration

A maid v Director of Immigration
HK Court of First Instance, 17-May-2012
A Filipina maid who worked in HK for 10 years pled guilty to having 3 cartons of cigarettes on which duty had not been paid. She said her employer told her to buy them. He paid her fine of HK$800. For this trivial offence, the Government refused her application to transfer employers and kicked her out of HK. The judge declined to interfere. So the question is, why doesn't the Government deport anyone who has ever been convicted of a littering or smoking offence ($1500) or 3 parking tickets ($960)? Is this a case of double standards?
Chinese Africans in HK
New data obtained by Webb-site show that Gambia and Guinea-Bissau, two small African countries, now account for 75% of the mainland Chinese who have obtained residency in HK under the Capital Entrant Investment Scheme. The requirement for mainlanders, who account for 84% of the CIES, to obtain permanent residency somewhere else is farcical and should be scrapped. It is part of HK's value proposition to be the Monaco of China, and we should welcome them. (15-Apr-2012)
Re Mitchel Dwayne Grotch
HK Court of First Instance, 29-Feb-2012
On how NOT to get a work visa in Hong Kong. You have to admire his ingenuity though.
Government releases stats on non-Chinese applying for permanent residency
HK Government, 19-Oct-2011
The figures exclude any applications by Foreign Domestic Helpers. Since 2004 inclusive, the average approval rate is 83.6%, with 4.7% refused and 11.8% others (presumably comprising those who withdrew, applications still pending, left Hong Kong or died waiting).
Evangeline Banao Vallejos v Commissioner of Registration
HK Court of First Instance, 30-Sep-2011
The judge rules that the exclusion in the Immigration Ordinance of Foreign Domestic Helpers from the definition of "ordinarily resident" is unconstitutional. NB: this does not mean that every FDH who has "ordinarily resided" here for 7 years qualifies for right of abode; there is a second test of showing that the person has taken HK as his/her only place of permanent residence. The FDH in this case had already passed that test, so it was not an issue.
Asif Ali v Director of Immigration
HK Court of Appeal, 28-Jun-2011
An applicant for permanent residency who was in custody pending trial wins his appeal - time spent in custody counts towards the 7-year period of continuous ordinary residence in HK. Custody pending trial is not the same as being jailed or detained following conviction.
Retail trader Mr Liang Lin acquitted of market manipulation
SFC, 28-Mar-2011
Cardlink is now named Phoenitron (8066). We note that total volume in the stock that day was 6.455m shares and turnover was $6.825m, an average price of $1.057, which was 45.0% above the previous close. The stock reached a high that day of $1.10 and closed the day at $0.65. Perhaps the more salient question is whether or not this kind of arrangement amounts to a fraud on the Immigration Department.
8 ex-employees v Compass Technology Co Ltd & William M Toledo
HK District Court, 20-Aug-2009
Summary: in order to get employment visas, the engineers and their employer lied to the Immigration Department and filed contracts for HK$18-21k/m, or twice the salary they had actually agreed to (because the Government doesn't like low-cost labour to be imported). Now the employees are suing for the difference between the two salaries. The judge declined to strike out their claims, which now go to trial.

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