黃啟暘 - 腸
根據香港入境處的《一般就業政策》，「具備香港特別行政區所需而又缺乏的特別技能、知識或經驗」的申請人，在滿足其他條件（包括其「從事的工作 ... 不能輕易覓得本地人擔任」）後，可申請來港工作。
但好明顯入境處就無睇過Epoch Group Ltd v Director of Immigration  3 HKLRD H2案。
換言之，就這類團體的成員的工作簽證申請而言，他們是否「具備香港所需而又缺乏的特別技能、知識或經驗 (special skills, knowledge or experience of value to and not readily available in Hong Kong)」，或他們的工作能否「輕易覓得本地人擔任（readily taken up by the local work force）」，已非入境處可以合法地納入的考慮，否則香港永遠也有本地人才，根本不可能舉辦任何國際性的文化交流活動。
Under the Director of immigration's General Employment Policy, '[a]pplicants who possess special skills, knowledge or experience of value to and not readily available in the Hong Kong Special Administrative Region (HKSAR) may apply to come to work in the HKSAR', if they can satisfy the Direcotor that, amongst other conditions, the job concerned 'cannot be readily taken up by the local work force'.
The Policy's application in the present case, however, is so completely at odds with Epoch Group Ltd v Director of Immigration  3 HKLRD H2.
There, Andrew Cheung J (as Cheung PJ then was) was clear that the General Employment Policy, as otherwise usually applies to work visa applications, was 'ILL-SUITED to deal with applications for entry by members of a travelling performing group to perform in Hong Kong for a short duration only'.
In other words, in respect of applications by members of such a group, the questions whether they 'possess special skills, knowledge or experience of value to and not readily available in Hong Kong', or whether the job or tasks they propose to perform can be 'readily taken up by the local work force', are matters irrelevant to the Director's inquiry , for otherwise the happy wealth of local talent could ironically have the absurd effect of preventing the possibility of any international cultural events in the first place.
By contrast, in determining whether to allow such an application for a work visa, what the Director must take into account, and give substantial weight to, are the following factors：
1) the unmistakable value of international cultural and artistic exchanges and activities to (the) society (of Hong Kong);
2) members of such a travelling performing group do not seek to remain in Hong Kong permanently, and therefore are unlikely to significantly (if at all) jeopardise the job opportunities of local workers; rather they are seeking entry for the specific purpose of attending international cultural and artistic exchanges and activities, for a short period of time after which they are expected to leave the city;
3) in particular, the Direct must consider the visa applications bearing in mind that a performing group is an inalienable entity, each member being integral to the group; discrimination against individual members is liable to be found unreasonable (and chances are that travelling performing groups of any reputation would not be prepared to accept invitations unreasonably extended only to certain of their members but not the others）。
The reason for refusing the visa application, as stated in the Director's letter, is that the applicant did not meet the very irrelevant criteria which, as shown, have been judicially deprecated insofar as they were applied to a travelling performing group, in circumstances indistinguishable from those in the instant case. On the other hand, the Director never gave any consideration at all to the relevant factors (all pointing to a favourable determination of the application) which he, in law, must consider. It follows that, even stripped of its political overtones, the Director's decision is one that is ultra vires and illegal according to the ordinary principles of administrative law.
 See eg the written reply by the Secretary for Security in the Legislative Council on 24 October 2018 to the Hon Kenneth Leung: https://www.info.gov.hk/…/gen…/201810/24/P2018102400458.htm…
 And the Director of Immigration conceded as much at the time, that it had never been his practice to rigidly apply the Policy to travelling performing groups of this sort: see para 45.
 At para 42 (emphasis added).
 At paras 43-44、50、52、60、62、68.
 See para 57.
 See paras 49-50、57、62、64.
 See para 54.