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…