18 Jul 2008
\'\'YA\'\' v. DIRECTOR OF IMMIGRATION
- Citation
- \'\'YA\'\' v. DIRECTOR OF IMMIGRATION
- Court
- Court of Appeal
- Case number
- CACV317/2007
The appeals were allowed because detention under section 32 of the Immigration Ordinance became unlawful after the applicants made Convention claims: the statutory power to detain pending removal lacked sufficiently accessible and certain grounds or procedures for convention claimants as required by Article 5(1) HKBOR, and the Hardial Singh-derived limits in case law cannot substitute for accessible guidance; judicial review and habeas corpus are adequate for Article 5(4).