Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Removal/deportation orders

  • 29 Jul 2022

    DITTA ALLAH v. DIRECTOR OF IMMIGRATION

    Citation
    [2022] HKCA 779
    Court
    Court of Appeal
    Case number
    CACV215/2021

    The appeal was dismissed because the Judge below correctly applied the Hardial Singh principles: the detention was for the purpose of deportation, the JR constituted a lawful obstacle making continued detention reasonable in the circumstances, there was no evidence the Director could not effect removal within a reasonable time, the Director acted with reasonable diligence and expedition, and the assessed risks of absconding and reoffending justified continued detention; the appellate court would not interfere as the Judge's balancing was open on the facts.

  • 13 May 1981

    NG YUEN-SHIU v. ATTORNEY GENERAL

    Citation
    NG YUEN-SHIU v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV188/1980

    The Court allowed the appeal in part and held that a clear governmental undertaking that cases would be heard on their merits created a legitimate expectation and imposed a duty to afford the appellant an opportunity to make representations; because the interview did not provide that opportunity the Director may have been deprived of relevant information and execution of the removal order was restrained by prohibition until the appellant is given a fair opportunity to present his case. The Court also held that in civil matters this Court is ordinarily bound by its prior decisions subject to t…