Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Review of detention

Legal area

Court

10 Aug 2023

NOPITASARI INTAN DWI v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2023] HKCFI 2089
Court

Court of First Instance
Case number

HCAL1254/2023

Habeas corpus dismissed because there remained prima facie lawful authority for detention, the Director had acted with overall reasonable diligence in securing travel documents and resolving non-refoulement impediments, material parts of the delay were attributable to the Applicant's own litigation and refusal to cooperate, and with removal imminent the balance of factors justified continued detention for a further short period; Hardial Singh principles were satisfied.
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.