Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Immigration detention orders

  • 29 Nov 1993

    ATTORNEY GENERAL v. NGUYEN THI HOAN

    Citation
    ATTORNEY GENERAL v. NGUYEN THI HOAN
    Court
    Court of First Instance
    Case number
    HCMP3378/1993

    The court, assuming for present purposes that statutory preconditions (valid s.13E(1) and s.32(4)(a) authorisations) were met, found the public interest in preserving the integrity of a complex murder trial and the need to keep material Crown witnesses available outweighed the respondents' interest in immediate repatriation; accordingly the court granted further detention orders under s.32(4)(b) for 14 days from 3 December 1993 for all respondents except three identified individuals, while reserving jurisdictional and validity challenges to be determined later with appropriate evidence.

  • 17 Nov 1993

    ATTORNEY GENERAL V. LE BA THANG AND OTHERS

    Citation
    ATTORNEY GENERAL V. LE BA THANG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP3389/1993

    Given the continuing prospect that respondents will be required to give evidence in the near future and the absence of a fully developed alternative argument, the court held the earlier reasons for detention still applied and therefore granted limited further detention from the expiry of the current orders until 26 November 1993, while allowing liberty to the Attorney General to apply for extension and requiring the filing and service of any further evidence.

  • 27 Oct 1993

    ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS

    Citation
    ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP3316/1993

    The court exercised its discretion to order detention under s.32(4)(b) for 20 respondents for a period not exceeding 21 days from 8 October 1993, holding that the public interest in ensuring available evidence and avoiding aborting a major criminal trial, together with the real prospect of the witnesses giving evidence within a reasonable period (by end of December), outweighed the respondents' interests in immediate repatriation, and that the detention period sought was reasonably necessary to achieve that purpose.