Butterworths Hong Kong Immigration Law Handbook – Fourth Edition
Authors: Yang-Wahn Hew, Kevin Lau
Butterworths Hong Kong Immigration Law Handbook - Fourth Edition contains new material, cases, and commentary on various sections of Cap.115. Some of the key updates include the contents and impact of the 2021 amendments to the Ordinance which relate primarily to the processing of torture / non-refoulement claims at Part VIIC and Schedule 1A of Cap.115 as well as recent case law on the same topic, including those relating to the handling of child claimants, the rule in Browne v Dunn in proceedings before the Torture Claims Appeal Board, and the potential impact of the amendments to section 37ZT on the late filing of notices of appeal.
Butterworths Hong Kong Immigration Law Handbook - Fourth Edition is the essential guide to the rapidly evolving area of immigration law and practice in Hong Kong. This Handbook makes available in a convenient form the full text of the Immigration Ordinance (Cap 115), together with section-by-section annotations, amendment notes, carefully researched case authorities, expert commentary, and other authoritative material presented in a concise and succinct style.
This series has been cited with authority in over one hundred court cases in the Hong Kong Court of First Instance, Court of Appeal, and Court of Final Appeal. Practitioners, immigration law specialists, academics, students, and all others engaged or interested in immigration law and practice in Hong Kong will find this Handbook invaluable.
Barrister-at-law, Des Voeux Chambers Yang-Wahn Hew
Before joining the Bar in 2005, Yang-Wahn Hew worked at Standard Chartered Bank. His practice focuses mainly on high-value commercial, company, and insolvency cases with an international dimension, as well as claims for equitable and declaratory relief. He has been described by Chambers and Partners as an “Up and Coming Junior” who is a “good advocate and solid performer” with a “particular insight into insolvency matters”, and as being “very good at company law matters”.
His experience includes acting for James Ting, a former director of Akai Holdings Ltd. (in compulsory liquidation) at the trial of Akai’s claim for nearly US$1 billion of equitable compensation (see Akai Holdings Ltd. (in compulsory Liquidation) v Everwin Dynasty Ltd,. & ors. (No. 2) [2016] 3 HKC 307); obtaining both urgent injunctive relief and an arbitral award of around US$595 million in relation to a major Chinese real estate group; and conducting substantial contempt proceedings against the “third wife”, and a daughter, of the late Lim Por Yen (see Arboit v. Koo Siu Ying (No. 2) [2016] 3 HKLRD 154 and Arboit v Koo Siu Ying and [2015] 3 HKLRD 319). In Re Mongolian Mining Corporation (in Provisional Liquidation in the Cayman Islands) [2018] HKCFI 2035, Yang also obtained leave for the company to convene a meeting in relation to a proposed scheme of the arrangement, which was eventually sanctioned by the Court.
Administrative and public law is another of Yang’s major areas of practice and interest. He has acted both for and against the Government in various cases with significant implications for commercial and/or fundamental rights. Most notably, he appeared for the Secretary for Justice in a judicial review arising out of the Inquiry on Allegations relating to the Hong Kong Institute of Education, with which Yang was also involved. Yang has also acted as the Director of Immigration, or the Secretary of Security, in numerous judicial reviews concerning immigration as well as human rights. A few notable cases include Sarkar v TCAB [2021] HKCA 918 and [2019] 4 HKC 484; PVQ v Permanent Secretary for Security [2021] HKCA 444; Sarkar v TCAB [2021] HKCA 918 and [2019] 4 HKC 484 (CFI); Shove Sherpa v Director of Immigration [2020] 1 HKC 548 (CA); Ibrahim [2020] HKCA 514; M v Permanent Secretary for Security [2019] HKCA 507; and Re FAR [2017] 2 HKLRD 1166.
Being a Bar scholar, Kevin Lau was called to the Bar in 2017. His broad civil practice includes trusts, insolvency, SFC regulations, land, probate, judicial review, commercial and corporate matters, as well as public law cases. His public law experience includes, more notably, Kwok Wai Fun, Franco (Returning Officer for The Kowloon West Geographical Constituency) v. Lau Siu Lai and Another (2020) 23 HKCFAR 338; and Wong Wing Wah v Collector of Stamp Duty [2022] HKCA 132). Kevin has also been instructed on immigration-related matters, in particular torture claim-related applications.
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