Hong Kong Case Law: Decisions & Judgments

Topic

Habeas corpus procedure

Legal area

Court

14 Jun 2006

HKSAR v. KANJANAPAS CHONG KWONG, DEREK AND OTHERS

Citation

HKSAR v. KANJANAPAS CHONG KWONG, DEREK AND OTHERS
Court

District Court
Case number

DCCC298/2005

Judge found the prosecution proved beyond reasonable doubt that D1, D2 and D3 conspired to pervert the course of public justice by coordinated steps (access attempts, habeas corpus application and publicity) taken with knowledge or belief that the access/application was sham and intended to influence a potential ICAC witness; D2 was guilty of attempted perjury because the affirmation contained material false statements she knew or did not believe to be true (despite procedural defects in administration); D4 was acquitted on the principal conspiracy and the separate conspiracy to disclose WPP…
5 Feb 1997

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS

Citation

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS
Court

Court of First Instance
Case number

HCMP3961/1996

The Hardial Singh implied limitations apply to detention under s.13D(1) and are not negated by s.13D(1AA); 'pending his removal' means 'until removal'; 'arrangements' in s.13D(1A)(b)(ii) includes general repatriation schemes such as the Voluntary Repatriation Scheme; Bill of Rights protections are engaged and detention is unlawful where (a) prospects of removal are non-existent or (b) all reasonable steps have not been taken or (c) conditions render the detention period unreasonable; applying these principles the court ordered release of specific test applicants where unlawful and upheld dete…

Hong Kong Case Law

HKSAR v. KANJANAPAS CHONG KWONG, DEREK AND OTHERS

CHIENG A LAC AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS