18 Jul 2008
‘A’ v. DIRECTOR OF IMMIGRATION
- Citation
- ‘A’ v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV314/2007
The Court held the appeals allowed: detention under section 32 following the making of Convention claims was unlawful because the grounds and procedures governing detention for convention claimants were not shown to be sufficiently certain and accessible to satisfy Article 5 of the HKBOR; Hardial Singh constrains the exercise of detention powers but does not substitute for the Article 5 requirement of accessible and reasonably certain domestic rules or policy applicable to convention claimants.