13 Oct 2011
GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION
- Citation
- GHULAM RBANI v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF IMMIGRATION
- Court
- District Court
- Case number
- DCCJ531/2010
Section 11 HKBORO, reflecting the immigration reservation under Article 39 Basic Law, excepted the application of the HKBOR to immigration legislation governing entry, stay and departure; accordingly claimant could not rely on Art.5 HKBOR or Arts.28/35 Basic Law to challenge detention under section 32 IO and the claim failed. The court nevertheless observed that absent that reservation detention under section 32(2A) would be susceptible to invalidity for lack of certain and accessible grounds.