23 May 2017
LAI MAN LOK v. DIRECTOR OF HOME AFFAIRS
- Citation
- LAI MAN LOK v. DIRECTOR OF HOME AFFAIRS
- Court
- Court of First Instance
- Case number
- HCAL183/2013
The Director (through HAD staff and security) was entitled at common law to use no more force than reasonably necessary to remove persons who had no permission to remain (trespassers) and to prevent unlawful obstruction of duties; the force used was reasonable and proportionate in the circumstances, so there was no arbitrary or unlawful restriction of BL 28 or infringement of BL 27/HKBoR rights and the "prescribed by law" requirement was satisfied.