Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Departmental standing order
  • 23 Jan 1990

    RE SAKCHAI SUWANNAPENG

    Citation
    RE SAKCHAI SUWANNAPENG
    Court
    Court of First Instance
    Case number
    HCMP157/1990

    Segregation of a remand prisoner in solitary confinement pursuant to Rule 36(2) is unlawful unless the prisoner requests it; the Superintendent's order to segregate the applicant was not justified by evidence and Departmental Standing Order No.3796 insofar as it authorises segregation of 'subversive' prisoners is ultra vires; the applicant must be returned to normal association or a declaration of unlawful detention will issue; costs awarded to applicant.