9 Nov 2020
CWYJ v. LTYE
- Citation
- [2020] HKCA 913
- Court
- Court of Appeal
- Case number
- CACV481/2020
The judge below misapplied her discretion by failing to give proper weight to the respondent's right to leave to pursue his occupation and to the realistic consequences of detaining him (risk of job loss) and by insufficiently considering the MPF payment and ties to Hong Kong; because the statutory requirements for a prohibition order require probable cause that departure will obstruct or delay enforcement and those factors were not satisfactorily established, the Court allowed the appeal and set aside the September Prohibition Order.