Hong Kong Case Law: Decisions & Judgments

Topic

Removal and deportation orders

Legal area

Court

18 Aug 2025

PHAM THI THOM v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2025] HKCFI 3669
Court

Court of First Instance
Case number

HCAL1385/2025

The detention remained lawful because it was instituted for the legitimate purpose of effecting removal, the Director acted with diligence, the applicant's substantial and unjustified delay in pursuing her non-refoulement challenge substantially caused and continues to cause the period of detention, and there is a real risk of absconding and (re)offending; therefore the period (134 days) was reasonable under s.32(4A) and relevant authorities.
26 Sept 2023

ASIM HAFIZ TAHIR MAHMOOD v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2023] HKCFI 2460
Court

Court of First Instance
Case number

HCAL1433/2023

Application dismissed because the respondents satisfied the Hardial Singh criteria: detention was for the purpose of deportation, respondents acted with reasonable diligence and expedition to effect removal, the primary cause of extended detention was the applicant's uncooperativeness causing delay, and there was a real risk of absconding and reoffending; detention to date (256 days) and continued detention pending imminent removal were reasonable in all the circumstances.
20 Jan 2023

TAMANG BHAKTALAL v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2023] HKCFI 214
Court

Court of First Instance
Case number

HCAL1541/2022

The detention was lawful and remained lawful: the Secretary/Director intended deportation, acted with reasonable diligence to effect removal, the principal obstacles were the applicant's own litigation and non-cooperation, and there was sufficient risk of absconding/reoffending to justify continued detention until an imminent repatriation (scheduled 31 January 2023); accordingly the habeas corpus application was dismissed.

Hong Kong Case Law

PHAM THI THOM v. DIRECTOR OF IMMIGRATION AND ANOTHER

ASIM HAFIZ TAHIR MAHMOOD v. DIRECTOR OF IMMIGRATION AND ANOTHER

TAMANG BHAKTALAL v. DIRECTOR OF IMMIGRATION AND ANOTHER