Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Hidden extradition

Legal area

Court

7 Mar 1990

RE LEE CHING MING

Citation

RE LEE CHING MING
Court

Court of First Instance
Case number

HCMP462/1990

The court will not substitute its discretion for that of the Immigration Officer but will scrutinize the decision‑making process; here the Removal Notice was a single valid decision, the Immigration Officer acted bona fide and not for extradition purposes, and the applicants' asylum claims were investigated and rejected on credible grounds, so judicial intervention was not warranted.
7 Mar 1990

RE LEE CHING MING

Citation

RE LEE CHING MING
Court

Court of First Instance
Case number

HCMP461/1990

The Removal Order was valid and not defective; the Immigration Officer exercised discretion for removal rather than extradition, having considered the extradition request without mala fides; the applicants' refugee claims were fairly and adequately investigated and adverse credibility findings were justified; there was no procedural unfairness warranting judicial interference and the applications were dismissed.