Vallejos v Commissioner of Registration
Justice Johnson Lam Man-hon of the CFI had been expected to rule on the case on 29 September 2011. However, the Hong Kong Observatory raised tropical cyclone warning signal No. 8 due to the approach of Typhoon Nesat early that morning, meaning that government offices closed for the day. The next morning, the weather had returned to normal, and Lam announced his ruling that the relevant provision of the Immigration Ordinance was inconsistent with the Basic Law. Vallejos herself did not attend court that day, as she was at work.
Vallejos v Commissioner of Registration
Vallejos and Domingo's appeal came before the CFA on 26 February 2013, in a hearing that would last for three days. Fordham's arguments focused on the constitutionality or lack thereof in the use of a "blanket exclusion" to prevent all people belonging to certain classes of residents from falling within the definition of "ordinarily resident" and thus eventually becoming entitled to apply for right of abode. Pannick discussed the legislature's power to define terms used in the Basic Law; he stated that foreign domestic helpers "don't form part of the permanent population" and thus it was legitimate for lawmakers to create a legislative definition of "ordinarily resident" which excluded them. The hearing concluded on schedule. On 25 March 2013, the CFA issued its judgment that the restrictions on FDH's residence and employment in Hong Kong meant that they did not fall within the definition of "ordinarily resident" for immigration purposes; the judgment did not refer to the 1999 NPCSC interpretation, and thus with no Article 158 issues at hand, the CFA rejected the Government's request for the matter to be referred to the NPCSC for further interpretation.