12 Dec 1997
LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV200/1997
The Court of Appeal held that the lawfulness of detention must be assessed by reference to the current statutory basis for detention and present circumstances; prior administrative delay or defective past procedure does not automatically render a currently authorised detention unlawful absent proof of abuse of process or lack of bona fide exercise of power or unreasonable delay in effecting the current purpose; therefore Hardial Singh does not extend to invalidate detention that is presently authorised and being pursued with reasonable expedition; the judge below was wrong and his orders rele…