Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Detainee non-cooperation

Legal area

Court

6 Feb 2024

VU NGOC DAN v. HONG KONG SAR GOVERNMENT

Citation

[2024] HKCFI 466
Court

Court of First Instance
Case number

HCAL2303/2023

The detention was lawful and continued to be lawful because the Director detained the Applicant solely for removal (HS1), the period to date (141 days) was not unreasonable when excluding time attributable to the Applicant's non-cooperation and when balanced against active steps taken by the Director (HS2/HS3), and the Director acted with reasonable diligence in effecting removal (HS4); therefore habeas corpus relief was not warranted.
19 Sept 2023

HOSSAIN MOHAMMAD SAJID v. DIRECTOR OF IMMIGRATION

Citation

[2023] HKCFI 2385
Court

Court of First Instance
Case number

HCAL1470/2023

Detention was lawful and reasonable because there was prima facie authority under s32(3A), the Director consistently intended and took reasonable steps to remove the applicant, removal was imminent, and the applicant's deliberate non-cooperation caused the delay; therefore the Hardial Singh criteria were satisfied and habeas corpus relief was properly refused.