Hong Kong Case Law: Decisions & Judgments

Topic

Hardial singh principle

Legal area

Court

13 Jan 2022

NGO QUANG DUY v. DIRECTOR OF IMMIGRATION

Citation

[2022] HKCFI 177
Court

Court of First Instance
Case number

HCAL1753/2021

The applicant's detention was lawfully authorised under s32(3A) and remains lawful because the Director intends to deport the applicant, has acted with due diligence to effect removal, the period of detention is reasonable in all the circumstances including active liaison with Vietnamese authorities and the pending leave application does not render detention unlawful; available medical treatment in custody and at hospital negates a basis for release; there is a real risk of absconding and reoffending given the applicant's history.
15 Jun 2020

DIAWARA ANSOUMANE alias ONUOHA DICKSON EMEH v. DIRECTOR OF IMMIGRATION

Citation

[2020] HKCFI 1152
Court

Court of First Instance
Case number

HCAL1090/2020

The applicant's detention was lawful under s32(3A) because a removal order was in force and detention was pending removal; applying Hardial Singh factors the detention was not unreasonable given the pending non-refoulement appeal and leave application for judicial review which caused delay, the Director's assessment of risk given the serious drug trafficking conviction and lack of local ties/guarantor, and the Director's reasonable diligence to effect removal; accordingly habeas corpus was refused.
8 Jan 2019

T v. DIRECTOR OF IMMIGRATION

Citation

[2019] HKCFI 22
Court

Court of First Instance
Case number

HCAL241/2016

Leave to apply for judicial review and the application to amend were dismissed because the principal relief had been achieved (making the issue academic), the proposed amendments introduced new grounds and reliefs that were time-barred and not justified by good reason for delay, and because an effective alternative remedy (a private law writ action for damages) was available, rendering judicial review inappropriate.
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.

Hong Kong Case Law

NGO QUANG DUY v. DIRECTOR OF IMMIGRATION

DIAWARA ANSOUMANE alias ONUOHA DICKSON EMEH v. DIRECTOR OF IMMIGRATION

T v. DIRECTOR OF IMMIGRATION

\'\'AS\'\' v. DIRECTOR OF IMMIGRATION