ROA Appeal Questions

[Morrison]

I think you are right, only the paranoid survive, so go for the passport.

[dossier]

Exactly!

In ROPT all parties bear their own costs; there are no cost orders. If I win at the ROPT and am taken to the CFI by the Government, it is difficult to see how I can have a cost-order against me, as I am not the one taking the matter into the High Court.

The ROPT confirmed 3 years ago there are no cost orders - https://geoexpat.com/forum/54/thread310005-6.html

[dossier]

And if you lose the appeal?

The pain free ROA offer in 2016 would have been a safer bet.

Apply for non-Chinese ROA after 3 more years from now.

[dossier]

I think you're going to have difficulties advancing your argument - seems quite clear in the Tim Loh judgement, you were born in the UK and folks settled abroad. You will need to seek your path to a HK Passport by way of naturalising as a Chinese citizen. Personally I wouldn't want to advance it to a hearing, since if you are not successful, a costs order will be levied against you. Tim Loh as the losing side had to pay 85% of the costs of Senior Counsel.....Is the HK Passport worth that much to you? If so, give up your British Passport, and get it back later.

Definition of "settled" is on http://www.gqb.gov.cn/news/2016/0505/39044.shtml

Hudson Loh also didn't have to pay a penny, as it was all funded by legal aid. So Hudson's total costs were zero, assuming as a c. 10 year old, he didn't have much in the way of net assets.

I'm not sure if Tim Loh paid for any external legal work, but assuming not, his costs were also zero.

[big_panda]

In ROPT all parties bear their own costs; there are no cost orders. If I win at the ROPT and am taken to the CFI by the Government, it is difficult to see how I can have a cost-order against me, as I am not the one taking the matter into the High Court.

The ROPT confirmed 3 years ago there are no cost orders - https://geoexpat.com/forum/54/thread310005-6.html

If it went to CFI and the govt won the appeal, cost order usually issued against the losing party (i.e. you). Will be interesting to see how your arguments go.

[dossier]

If it went to CFI and the govt won the appeal, cost order usually issued against the losing party (i.e. you). Will be interesting to see how your arguments go.

Thanks. The ROPT is a private process, so it will not becoming public unless it progresses into the CFI or beyond.

Regarding costs, past precedent showed there was no cost award, where the Appellant won in the ROPT, but the Immd took it further to the CFI.

HCAL 136 of 2013 - James McAllister - 50. The Commissioner does not ask for costs. I therefore further order that there be no order as to costs of this application.

HCAL 11 of 2013 - Man Wai Sing - 71. I further make an order nisi that there be no order as to costs. The order shall become absolute 14 days from today, unless any of the parties applies to vary it by summons.