HORSFIELD LESLIE GRANT AND OTHERS v. CHIEF EXECUTIVE OF THE HKSAR AND OTHERS

HORSFIELD LESLIE GRANT AND OTHERS v. CHIEF EXECUTIVE OF THE HKSAR AND OTHERS

The CE in Council possessed power under s8 Cap 599 to make the Regulation authorising compulsory quarantine at designated centres; the Director's decision to require returnees from South Africa to quarantine at a government centre was lawful, not arbitrary, met the proportionality test and was not manifestly without reasonable foundation; no individualised grounds justified permitting home quarantine for these applicants; habeas corpus application dismissed.

Citation
[2020] HKCFI 903
Parties
1st Applicant: HORSFIELD LESLIE GRANT; 2nd Applicant: YIP HOI YAN DELPHINE; 3rd Applicant: HORSFIELD ARABELLA LESLIE; 4th Applicant: HORSFIELD ALEXANDRA LYNN; 5th Applicant: HORSFIELD AZANIA LION; 6th Applicant: DE JESUS WYNDALYN LAMUD; 1st Respondent: CHIEF EXECUTIVE OF THE HKSAR; 2nd Respondent: DIRECTOR OF HEALTH; 3rd Respondent: YEUNG KA WAI; 4th Respondent: YAU WAI YU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2020
Case Number
HCAL952/2020
Procedural Posture
Habeas Corpus Application With Ancillary Application for Leave to Apply for Judicial Review / Decision on Writ of Habeas Corpus (application Dismissed); Further Directions Invited for Judicial Review Leave
Outcome
Application for writ of habeas corpus dismissed; invitation to agree directions on application for leave to apply for judicial review; costs order nisi: no order as to costs for habeas corpus application
Legal Topics
Quarantine, Habeas Corpus, Proportionality, Ultra Vires, Judicial Review, Administrative Detention
Source Language
EN
Constitutional Law Administrative Law Public Health Law Human Rights Law Quarantine Habeas Corpus Proportionality Ultra Vires +2 more

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Parties

HORSFIELD LESLIE GRANT

1st Applicant

YIP HOI YAN DELPHINE

2nd Applicant

HORSFIELD ARABELLA LESLIE

3rd Applicant

HORSFIELD ALEXANDRA LYNN

4th Applicant

HORSFIELD AZANIA LION

5th Applicant

DE JESUS WYNDALYN LAMUD

6th Applicant

CHIEF EXECUTIVE OF THE HKSAR

1st Respondent

DIRECTOR OF HEALTH

2nd Respondent

YEUNG KA WAI

3rd Respondent

YAU WAI YU

4th Respondent

Procedural Posture

Habeas Corpus Application With Ancillary Application for Leave to Apply for Judicial Review / Decision on Writ of Habeas Corpus (application Dismissed); Further Directions Invited for Judicial Review Leave

Legal Issues

  1. 1 Whether CE in Council under s8 Cap 599 had power to make Regulation authorising compulsory quarantine in designated centres
  2. 2 Whether mandatory quarantine at a government centre of returnees from South Africa amounted to arbitrary detention in breach of BL28/BOR5/common law right to liberty
  3. 3 Whether an authorised officer was required to give individualised consideration under s6(2) Cap 599E before refusing a nominated home quarantine

Ratio Decidendi

The CE in Council possessed power under s8 Cap 599 to make the Regulation authorising compulsory quarantine at designated centres; the Director's decision to require returnees from South Africa to quarantine at a government centre was lawful, not arbitrary, met the proportionality test and was not manifestly without reasonable foundation; no individualised grounds justified permitting home quarantine for these applicants; habeas corpus application dismissed.

Court Disposition

Application for writ of habeas corpus dismissed; invitation to agree directions on application for leave to apply for judicial review; costs order nisi: no order as to costs for habeas corpus application

Orders

  • Dismissal of the applicants' application for release by writ of habeas corpus
  • No order as to costs on a nisi basis in respect of the habeas corpus application (including ex parte hearing)