6 Feb 1991
ALICK AU SHUI YUEN v. SIR DAVID FORD, DEPUTY TO THE GOVERNOR AND OTHERS
- Citation
- ALICK AU SHUI YUEN v. SIR DAVID FORD, DEPUTY TO THE GOVERNOR AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2827/1990
Section 12(2) of the Prisons Ordinance authorises the Governor, if satisfied attendance at a place is desirable in the interests of justice, to direct that a prisoner be taken to that place and while absent be deemed in legal custody; a person sentenced to imprisonment and delivered into CSD custody was a prisoner when the Order took effect and did not cease to be a prisoner by being detained at ICAC under the Order; the Order was therefore intra vires and lawful; the applicant lacked sufficient interest to obtain relief, so the application is dismissed.