Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretion to detain witnesses
  • 27 Oct 1993

    ATTORNEY GENERAL v. DO VAN TIEM

    Citation
    ATTORNEY GENERAL v. DO VAN TIEM
    Court
    Court of First Instance
    Case number
    HCMP3375/1993

    The court exercised its discretion to order detention under s32(4)(b) for a limited period (not exceeding 21 days from 8 October 1993) because the public interest in securing the availability of material witnesses for a major criminal trial and the realistic prospect that they would give evidence within the next 12 weeks outweighed the respondents' interest in immediate repatriation; detention must be limited to a reasonable period necessary to achieve that purpose.

    • Detention
    • Repatriation
    • Witness detention
    • Discretion to detain witnesses
    • Immigration ordinance s32(4)(b)
    • Immigration ordinance s13e