19 Nov 2010
UBAMAKA EDWARD WILSON v. THE SECRETARY FOR SECURITY AND ANOTHER
- Citation
- UBAMAKA EDWARD WILSON v. THE SECRETARY FOR SECURITY AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV138/2009
Appeal allowed in part: the Court set aside the High Court order quashing the Deportation Order because (i) deportation to Nigeria did not, on the facts, amount to cruel, inhuman or degrading treatment; (ii) ICCPR art.14(7)/BOR art.11(6) do not apply transnationally and in any event the immigration reservation and s.11 HKBORO validly preclude reliance on those provisions for persons without right to remain; (iii) common law double jeopardy does not prevent deportation; the declaration that detention from 29 Dec 2007 to 23 Aug 2008 was unlawful is upheld but on the binding authority of A v Dir…