Hong Kong Case Law: Decisions & Judgments

Topic

Conditions of detention

Legal area

Court

31 Jan 2023

AKRAM MUHAMMAD v. DIRECTOR OF IMMIGRATION

Citation

[2023] HKCFI 174
Court

Court of First Instance
Case number

HCAL1329/2022

The applicant's detention remained lawful because the Director and Secretary met the Hardial Singh requirements: detention was for the purpose of deportation, they acted with reasonable diligence and expedition, removal was imminent with an ETD and scheduled flight, and the risks of reoffending and some risk of absconding outweighed the factors relied on by the applicant; detention conditions and medical care did not render detention unreasonable.
17 Nov 1993

ATTORNEY GENERAL V. NGUYEN KHAC TINH AND OTHERS

Citation

ATTORNEY GENERAL V. NGUYEN KHAC TINH AND OTHERS
Court

Court of First Instance
Case number

HCMP3374/1993

The court granted further short-term detention as a proportionate measure to secure the respondents' attendance as witnesses because there remained a realistic prospect they would be required to give evidence in the near future, there was no fully developed alternative on the record, and the detention sought was limited in duration; the court set a specific expiry (26 November) and procedural directions for the Attorney General to apply further if needed with evidence filed by a set date.
17 Nov 1993

ATTORNEY GENERAL V. PHUNG VAN TOAN

Citation

ATTORNEY GENERAL V. PHUNG VAN TOAN
Court

Court of First Instance
Case number

HCMP3382/1993

The court held that the reasons previously given for detention remained valid and that, in the absence of full argument on proposed alternatives, a limited further detention order was justified; the court ordered a short extension until 26 November 1993 and granted the Attorney General liberty to apply for further detention with specified directions for filing and service of evidence to permit proper argument on alternatives to detention.
17 Nov 1993

ATTORNEY GENERAL V.PHAM LUONG TUE

Citation

ATTORNEY GENERAL V.PHAM LUONG TUE
Court

Court of First Instance
Case number

HCMP3380/1993

The court granted a limited further detention period (until 26 November 1993) because the need to secure the respondents' attendance to give evidence remained and, in the absence of full argument on proposed alternatives, the court would keep detention in place for a short, specified period while allowing the Attorney General liberty to apply for extension with further evidence.
17 Nov 1993

ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER

Citation

ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER
Court

Court of First Instance
Case number

HCMP3386/1993

Given the ongoing need for the respondents to give evidence at trial and the realistic prospect they will do so in the near future, the court will grant a limited extension of detention until 26 November while permitting the Attorney General liberty to apply for further detention beyond that date and requiring the Attorney General to file and serve further evidence by a prescribed deadline; alternative proposals were acknowledged but not decided pending fuller argument.

Hong Kong Case Law

AKRAM MUHAMMAD v. DIRECTOR OF IMMIGRATION

ATTORNEY GENERAL V. NGUYEN KHAC TINH AND OTHERS

ATTORNEY GENERAL V. PHUNG VAN TOAN

ATTORNEY GENERAL V.PHAM LUONG TUE

ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER