18 Jul 2008
\'\'F\'\' v. DIRECTOR OF IMMIGRATION
- Citation
- \'\'F\'\' v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV315/2007
The Court allowed the appeals and held that detention under section 32 pending removal became unlawful after the applicants made Convention (torture) claims because the grounds and procedures for detention were not sufficiently certain and accessible to convention claimants as required by Article 5 HKBOR; Hardial Singh principles alone do not satisfy the accessibility requirement and the Director's putative policy (LegCo paper and case letters) was not sufficiently accessible or contemporaneous to justify detention.