3 Aug 2018
NAVARRO LUIGI RECASA v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER
- Citation
- [2018] HKCFI 1815
- Court
- Court of First Instance
- Case number
- HCAL93/2015
The court held the detention placement in the male Vulnerable Prisoners Unit with protective single-cell and restricted association was lawful and not discriminatory or unconstitutional given the applicant's intact male genitalia and custodial safety duties; strip and cavity searches by male officers conducted under the applicable rules were lawful and proportionate in context and the contested provisions did not require reading down to permit searches exclusively by officers of the applicant's self‑identified gender; the applicant's claims were dismissed.