Hong Kong Case Law: Decisions & Judgments

Topic

Alternatives to detention

Legal area

Court

17 Nov 1993

ATTORNEY GENERAL V. NGUYEN THI HOAN

Citation

ATTORNEY GENERAL V. NGUYEN THI HOAN
Court

Court of First Instance
Case number

HCMP3378/1993

The court held that the original reasons for detention remained valid and, in the absence of full argument and developed alternatives, it was justified to extend the detention orders for a short fixed period (until 26 November 1993) with liberty for the Attorney General to apply further; the balance of necessity to secure witnesses outweighed the interim proposals for alternatives given the present material before the court.
17 Nov 1993

ATTORNEY GENERAL v. BUI THI NGOAN AND OTHERS

Citation

ATTORNEY GENERAL v. BUI THI NGOAN AND OTHERS
Court

Court of First Instance
Case number

HCMP3311/1993

Given the continued prospect that the respondents will be required to give evidence at trial within a foreseeable period and absent a fully developed argument on practicable alternatives, the court was justified in continuing detention for a limited time; the court exercised its discretion to limit the extension until 26 November 1993 and granted liberty to the Attorney General to apply for further detention with directions to file evidence by a specified date.
17 Nov 1993

ATTORNEY GENERAL V. PHAM THI XA

Citation

ATTORNEY GENERAL V. PHAM THI XA
Court

Court of First Instance
Case number

HCMP3371/1993

Continued detention of the respondents under section 32(4)(b) is justified because they are required witnesses and there is a realistic prospect they will give evidence in the near future; absent full argument on proposed alternatives, the court will grant a short limited extension and allow the Attorney General liberty to apply for further extensions with required evidence.
17 Nov 1993

ATTORNEY GENERAL V. PHUNG VAN TOAN

Citation

ATTORNEY GENERAL V. PHUNG VAN TOAN
Court

Court of First Instance
Case number

HCMP3382/1993

The court held that the reasons previously given for detention remained valid and that, in the absence of full argument on proposed alternatives, a limited further detention order was justified; the court ordered a short extension until 26 November 1993 and granted the Attorney General liberty to apply for further detention with specified directions for filing and service of evidence to permit proper argument on alternatives to detention.
17 Nov 1993

ATTORNEY GENERAL v. DAO THI SEC

Citation

ATTORNEY GENERAL v. DAO THI SEC
Court

Court of First Instance
Case number

HCMP3314/1993

Given the continued prospect that the respondents will give evidence in the near future and the reasons for earlier orders still apply, the court extended the detention of the respondents only until 26 November 1993 while allowing the Attorney General liberty to apply on 24 November for further detention provided updated evidence is filed and served in accordance with directions; a short extension balances prosecutorial needs and the respondents' right to challenge detention and to argue alternatives.
17 Nov 1993

ATTORNEY GENERAL V.PHAM LUONG TUE

Citation

ATTORNEY GENERAL V.PHAM LUONG TUE
Court

Court of First Instance
Case number

HCMP3380/1993

The court granted a limited further detention period (until 26 November 1993) because the need to secure the respondents' attendance to give evidence remained and, in the absence of full argument on proposed alternatives, the court would keep detention in place for a short, specified period while allowing the Attorney General liberty to apply for extension with further evidence.
17 Nov 1993

ATTORNEY GENERAL v. TRAN VAN TIEP

Citation

ATTORNEY GENERAL v. TRAN VAN TIEP
Court

Court of First Instance
Case number

HCMP3312/1993

Given the ongoing need for the respondents to be available to give evidence in the near future and the unchanged reasons from earlier detention orders under s.32(4)(b) of the Immigration Ordinance, the court validly extended detention for a limited period until 26 November 1993 while permitting the Attorney General liberty to apply for further detention with directions for evidence filing and service.
17 Nov 1993

ATTORNEY GENERAL v. NGUYEN THI HUE

Citation

ATTORNEY GENERAL v. NGUYEN THI HUE
Court

Court of First Instance
Case number

HCMP3315/1993

Given the continuing prospect that respondents will be required to give evidence at trial and the reasons set out in earlier judgments, the court lawfully ordered continued detention of the respondents until 26 November 1993 as a proportionate, limited measure while reserving liberty to the Attorney General to apply for further detention and requiring timely disclosure of evidence for any such application.
17 Nov 1993

ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER

Citation

ATTORNEY GENERAL V TRIRU VAN THUC AND ANOTHER
Court

Court of First Instance
Case number

HCMP3386/1993

Given the ongoing need for the respondents to give evidence at trial and the realistic prospect they will do so in the near future, the court will grant a limited extension of detention until 26 November while permitting the Attorney General liberty to apply for further detention beyond that date and requiring the Attorney General to file and serve further evidence by a prescribed deadline; alternative proposals were acknowledged but not decided pending fuller argument.