Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Diligence in effecting removal

Legal area

Court

8 Mar 2024

MD FATTAH AHMED v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2024] HKCFI 736
Court

Court of First Instance
Case number

HCAL46/2024

Detention under s32(3A) remained lawful because the Director detained the applicant solely for removal (HS1), the period to date (189 days) was not unreasonable given the applicant's persistent refusal to co-operate with obtaining a travel document (thereby causing most of the delay) and the Director had acted with reasonable diligence to obtain travel documents (HS2-HS4); risk of re-offending and high risk of absconding justified continued detention; judicial review had been dismissed so no legal impediment to removal; therefore habeas corpus application dismissed.
25 Oct 2023

EJAZ ADNAN v. DIRECTOR OF IMMIGRATION

Citation

[2023] HKCFI 2751
Court

Court of First Instance
Case number

HCAL1624/2023

Detention remained lawful because a valid removal order was in force, the Director acted with reasonable diligence to secure travel documentation, the applicant's refusal to co-operate substantially contributed to the delay, and on balance the Hardial Singh factors showed the period of detention was reasonable; therefore habeas corpus relief was refused.