Hong Kong Case Law: Decisions & Judgments

Topic

Detention pending trial

Legal area

Court

25 Mar 2013

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Final Appeal
Case number

FACV17/2011

A period of custody pending trial, even if followed by conviction and imprisonment, is not to be treated for the purposes of s.2(4)(b) as 'imprisonment or detention pursuant to the sentence or order of any court'; s.67A does not convert non‑punitive remand into punitive imprisonment and therefore the respondent was 'ordinarily resident' at the date of his verification application; appeal dismissed.
25 Mar 2010

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL75/2009

Subject to the de minimis principle, a period of detention pending trial which results in conviction and a sentence of imprisonment is a period of 'detention pursuant to the order of any court' within s.2(4)(b) Immigration Ordinance and must be excluded from the seven years' ordinary residence; the 14 February 2006 letter did not amount to a verification application although the Director breached a duty to give more helpful guidance, the applicant failed to prove causation or real prejudice, therefore judicial review is dismissed and the deportation order stands.
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 HOANG VAN DIEN AND ANOTHER

Citation

ATTORNEY GENERAL V HOANG VAN DIEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP3385/1993

The court held that the prior reasons for detention remained valid and granted a limited extension of detention for all respondents until 26 November from the expiry of the current orders, while permitting the Attorney General liberty to apply on 24 November for further extension subject to filing and service of evidence by noon on 23 November; this balance preserves witness availability pending fuller argument on possible less restrictive alternatives.
7 Oct 1993

ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS

Citation

ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS
Court

Court of First Instance
Case number

HCMP3316/1993

Applying the narrow principle that detention powers are limited to what is reasonably necessary, the judge found there was every prospect the witnesses could give evidence within a reasonable time (by end of December 1993) and that the public interest in preserving the trial outweighed the respondents' private liberty interests; accordingly detention orders under s32(4)(b) were justified for a limited period (21 days from 8 October 1993).
7 Oct 1993

ATTORNEY GENERAL v. PHAM VAN TRAI

Citation

ATTORNEY GENERAL v. PHAM VAN TRAI
Court

Court of First Instance
Case number

HCMP3384/1993

Where prior valid detentions/authorisations existed and there was a real prospect that the witnesses could give their evidence within a reasonably short and defined period, the public interest in ensuring availability of material evidence for a major criminal trial outweighed the respondents' individual liberty interests; accordingly detention under s32(4)(b) for a limited further period (not exceeding 21 days from 8 October 1993) was lawful and should be granted, subject to fresh consideration thereafter.

Hong Kong Case Law

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER

ASIF ALI v. DIRECTOR OF IMMIGRATION AND ANOTHER

ATTORNEY GENERAL V. NGUYEN KHAC TINH AND OTHERS

ATTORNEY GENERAL V HOANG VAN DIEN AND ANOTHER

ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS

ATTORNEY GENERAL v. PHAM VAN TRAI