英译本].docVIP

[English translation – 英譯本] CACV351/2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 351 OF 2001 (ON APPEAL FROM HCAL 1240 OF 2000) BETWEEN TSE PATRICK YIU HON (an infant suing by his uncle and Applicant next friend TSE YEE PING) And HONG KONG SPECIAL ADMINISTRATIVE REGION 1st Respondent PASSPORTS APPEAL BOARD DIRECTOR OF IMMIGRATION 2nd Respondent Coram: Hon Leong CJHC, Woo and Cheung JJA in Court Date of Hearing: 16 January 2002 Date of Handing Down of Judgment: 28 January 2002 J U D G M E N T Hon Leong CJHC (giving the judgment of the Court): 1. The Applicant’s parents were born in Hong Kong. They are permanent residents of Hong Kong. In 1981, they settled in Germany. The Applicant was born in Germany in October 1985. The British consulate in Duesseldorf registered his birth and later issued a British Dependent Territories Citizen Passport to the Applicant, confirming his Hong Kong permanent resident status. In 1990, the Applicant’s parents were naturalized as German nationals. They had also applied for the Applicant, who was then five years old, to be naturalized as a German national. Following his parents, he also became a German national. Thus, the Applicant has not acquired his German nationality by virtue of his birth in Germany. 2. The Director of Immigration (“the Director”) has issued Hong Kong Special Administrative Region (“HKSAR”) passports to the Applicant’s parents, notwithstanding their German nationality. They still are holders of HKSAR passports. The Applicant also obtained his HKSAR passport on 6 August 1998. 3. On 16 April 1999 the Director of Immigration notified Madam Cheng Oi Kwan, the Applicant’s mother, that the HKSAR passport held by the Applicant was to be cancelled, the reason being that at the time the Applicant applied for his HKSAR passport, he had already acquired his German nationality. Under the Chinese Nationality Law, the Applicant had automatically lost his Chinese Na