Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Detention legality

Legal area

Court

4 Dec 2025

SUKHBIR SINGH v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2025] HKCFI 5908
Court

Court of First Instance
Case number

HCAL2002/2025

The court holds the Applicant's detention is and remains lawful because the Respondents discharged the burden to show detention was reasonable under section 32(4A): removal was being pursued diligently, delay was principally caused by the Applicant's refusal to cooperate in reentry formalities, there was a real risk of absconding and reoffending, and habeas corpus is not the forum to relitigate the non-refoulement claim; therefore the habeas corpus application is dismissed.
24 Dec 2024

AMARJIT v. HONG KONG SAR GOVERNMENT

Citation

[2024] HKCFI 3672
Court

Court of First Instance
Case number

HCAL1854/2024

Detention remained lawful because the Director acted with diligence to procure removal, the primary delays were attributable to the applicant (late challenges and persistent refusal to cooperate with reentry formalities), the applicant's serious criminal history and risk of absconding posed a public safety concern, medical needs were being met in detention, and under s32(4A) and binding authorities (Harjang Singh; Johnson Benjamin) the period of detention of 320 days was reasonable in all the circumstances.