18 Jul 2008
\'\'AS\'\' v. DIRECTOR OF IMMIGRATION
- Citation
- \'\'AS\'\' v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV316/2007
The Court held that although the Ordinance and established authorities (Hardial Singh line) permit detention pending removal in principle, Article 5(1) HKBOR requires that the grounds and procedures for detention be sufficiently certain and accessible; in these cases the Director had not provided accessible and sufficiently certain grounds or policy to convention claimants and therefore detention after the making of Convention claims was unlawful.