Articles: Immigration

Carnival (0996): winding-up order
HK Court of First Instance, 29-Aug-2022
Webb-site warned investors about this company in 2016, calling it a bubble stock, with a market cap of HK$15.08bn. The judge notes that amongst the outstanding debts of CNY 7.6bn are offshore bonds issued to "immigration bondholders" to fulfil the requirements for immigration to HK under the Capital Investment Entrant Scheme, which was suspended on 15-Jan-2015.
Webb on "Backchat" re tourism and (second half) the future of authoritarian HK
RTHK, 16-Jul-2021
The discussion took a surprising turn…
30 years in Hong Kong
This seems like a suitable time for an update from our founder. (15-Jul-2021)
Webb on CNBC re the path to open borders and increasing mainland control over HK
CNBC, 3-Jun-2021
Webb calls for "clear pathway to open borders" in HK
Bloomberg, 20-May-2021
HK's inbound quarantine laws: dangerous, irrational and unconstitutional
We put our microscope on HK's inbound quarantine laws and find that the 21-day length of quarantine actually increases the risk to the community, Further, the ban on arrivals from 4 countries is irrational. Both fail to satisfy constitutional tests of proportionality. (16-Mar-2021)
HK investor says city is facing brain drain
Bloomberg, 2-Jun-2020
Webb on "Backchat" re COVID-19, border quarantine, QUIET Area and social controls
RTHK, 29-Apr-2020
COVID-19: where do we go from here?
HK is essentially clean: data indicate the latest community transmission was 24 days ago. A potential travel network of clean quarantined countries is emerging, but many others are pursuing a mitigation approach, flattening the curve but leading to the likely premature death of 0.5% of their populations unless interrupted by a vaccine or treatment. We find lessons to be learned from HK's early mistakes. HK should maintain its quarantine and its people should now be free to enjoy their city. (27-Apr-2020)
Carrie Lam risks international travel ban on HK residents
Once again Mrs Lam is putting "One Country" ahead of "Two Systems". By keeping a porous border while imposing an unprecedented lockdown within HK, we risk an escalation of confirmed cases of 2019-nCoV and a consequent inclusion in the entry bans now imposed by Singapore and USA which other countries are likely to follow. Mrs Lam, stand up for Hong Kong. (1-Feb-2020)
Freedom and the future of China: Webb's talk at HKU on 30-Oct-2018 (video)Text of speech
YouTube, 29-Nov-2018
Freedom and the future of China
This is the text of a High Table dinner speech delivered by Webb-site founder David Webb to the students of Chi Sun College, University of Hong Kong, this evening. Hyperlinks have been added. (30-Oct-2018)
8 months' jail for bribing immigration officer
ICAC, 27-Jul-2018
The talented or professional Mr Wu Changwen will be staying in HK a bit longer than he expected.
Mainland man brought to court over bribing immigration officer
ICAC, 13-Jul-2018
Well that's one way to get into Hong Kong, with free accommodation too.
QT v Director of Immigration
HK Court of Final Appeal, 4-Jul-2018
The CFA upholds the CA ruling that QT was subject to unreasonable discrimination in her application for a dependent visa on grounds of her homosexuality, as there was no rational connection between the stated objective of attracting talent to HK and the policy restricting this benefit to heterosexual married persons. The CFA, disagreeing with the CA, also rules that there are no "core rights and obligations" of marriage such as adoption or inheritance that are immune from justification when discrimination is alleged.
QT v Director of Immigration
HK Court of Appeal, 25-Sep-2017
In a landmark decision, the Court unanimously grants the appeal by a person in a same-sex British civil partnership, ruling that the policy indirectly discriminates against gay couples in a civil partnership or marriage recognised overseas, because it grants a benefit (a dependent visa) only to spouses as defined by HK law, of the opposite sex, for which they cannot qualify. There is no rational connection between the legitimate aim of immigration control and the means adopted. Our take: this very thorough and well-reasoned ruling will impact other policies which adopt heterosexual marriage as a criterion for benefits. The Government may try to go to the Court of Final Appeal, but they are unlikely to succeed in overturning this.
15 months' jail for bribing immigation officers for entry to HK
ICAC, 22-Mar-2017
Woman guilty of bribing immigration officers for entry to HK
ICAC, 8-Mar-2017
Canadian Chinese father loses bid to help son acquire HK passport
South China Morning Post, 26-Jan-2017
Hudson Timothy George Loh v Director of Immigration
HK Court of First Instance, 25-Jan-2017
Mainlander charged with bribing HK immigration officers
ICAC, 28-Nov-2016
Well, that's one way to get into HK, as long as you don't mind going straight into custody.
People losing US citizenship in quarter to 30-Sep-2016
US Federal Register, 10-Nov-2016
Including Southern District councillor Judy Chan Ka Pui.
Canadian father sues government over denial of HK passport to Canada-born son
South China Morning Post, 30-Aug-2016
People losing US citizenship in quarter to 31-Mar-2016
US Federal Register, 5-May-2016
Including Hang Lung chairman's son Adriel Chan Wenbwo and the son-in-law of Orient Overseas chairman Tung Chee Chen, Stanley Chou Yu Chung.
QT v Director of Immigration
HK Court of First Instance, 11-Mar-2016
People losing US citizenship in quarter to 31-Dec-2015
US Federal Register, 8-Feb-2016
Including one Theresa Y Y Tse, presumably the Chairman of Sino Biopharmaceutical (1177).
People losing US citizenship in quarter to 30-Sep-2015
US Federal Register, 27-Oct-2015
HKSAR v Vu Thang Duong & Hoang Van Cuong
HK Court of First Instance, 16-Mar-2015
Granting bail, Judge Zervos notes that there are now 9,500 outstanding claims for non-refoulement (basically, for refugee status). That's about 1 for every 737 of HK's population.
Employment visa applicant charged with offering bribe to immigration officers
ICAC, 5-Dec-2013
Evangeline Banao Vallejos v Commissioner of Registration & another
HK Court of Final Appeal, 25-Mar-2013
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.
Statistics on Right of Abode applications and grants, 2009 to Oct-2011
HK Government, 7-Dec-2011
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.
People losing US citizenship in quarter to 31-Mar-2011
US Federal Register, 10-May-2011
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.
People losing US citizenship in quarter to 30-Sep-2010
US Federal Register, 10-Nov-2010
People losing US citizenship in quarter to 30-Jun-2010
US Federal Register, 10-Nov-2010
8 ex-employees v Compass Technology Co Ltd & William M Toledo
HK Court of Appeal, 17-Mar-2010
The Court of Appeal dismisses the action.
People losing US citizenship in quarter to 30-Sep-2009
US Federal Register, 19-Nov-2009
Including Chan Tung Moe, CEO of Xpress Group (0185) and Herman Chang Hsiu Guo of Carlyle Asia.
8 ex-employees v Compass Technology Co Ltd & William M Toledo
HK District Court, 16-Sep-2009
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.
People losing US citizenship in quarter to 31-Mar-2009
US Federal Register, 30-Apr-2009
LCQ: Entry arrangements for visitors from Mainland and Taiwan
HK Government, 10-Dec-2008
People losing US citizenship in quarter to 30-Jun-2008
US Federal Register, 24-Jul-2008
Man jailed in employment visas fraud case
HK Government, 22-Apr-2008
People losing US citizenship in quarter to 30-Jun-2005
US Federal Register, 28-Nov-2006
We note that the list includes Bernard Charnwut Chan, also known as Bernard Chan Chi Sze, President of Asia Financial (0662) who became a member of the HKSAR Executive Council on 12-Oct-2004, which does not permit overseas right of abode. Records show that he became a US citizen on 26-Jul-1989, less than 2 months after the Tiananmen Square massacre.

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