Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Publication of administrative policy

Legal area

Court

20 Jan 2023

SHABIR SOHAIL v. PERMANENT SECRETARY FOR SECURITY AND ANOTHER

Citation

[2023] HKCFI 225
Court

Court of First Instance
Case number

HCAL1374/2022

The application for leave to apply for judicial review is dismissed because the Deportation Order was lawfully authorised by section 20(1) of the Immigration Ordinance, the applicant disclosed no reasonably arguable public law ground (no procedural unfairness or established irrationality), the Form 86 failed to identify grounds and the challenge to the Deportation Order was out of time, and therefore leave is refused.
13 Mar 2014

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

Court of Final Appeal
Case number

FACV15/2013

The Court applied Hardial Singh principles to IO s32 and held initial detention lawful but the Director failed to act with reasonable diligence and expedition after the CAT claim was known, rendering detention excessive by ten days; lack of a published policy was not established as rendering detention unlawful; BOR Art 5(1) and BL Art 28 reliance was precluded in this immigration context by HKBORO s11; appellant entitled to damages of HK$10,000 for ten days of unlawful detention and costs as ordered.