Hong Kong Case Law: Decisions & Judgments

Topic

Risk of absconding and reoffending

Legal area

Court

8 Jun 2023

ALI MAJID v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2023] HKCFI 1556
Court

Court of First Instance
Case number

HCAL764/2023

The application was dismissed because the Director consistently acted with reasonable diligence to effect removal, removal was imminent, and the applicant's long history of absconding, repeated criminality and active non-cooperation materially contributed to the delay and created a substantial risk of absconding and reoffending; on balance a 632‑day detention remained lawful and reasonable pending the scheduled repatriation.
23 Dec 2022

SHEIKH MOHAMMOD SUBUJ v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2022] HKCFI 3779
Court

Court of First Instance
Case number

HCAL1307/2022

The application was dismissed because the court found detention lawful: the Director intended deportation, acted with reasonable diligence (including pursuing a travel document despite the applicant's non-cooperation), the applicant had caused material obstacles (late and arguably hopeless appeal application and refusal to cooperate with consulate), there was a real risk of absconding and reoffending, and detention for about eight months remained reasonable in all the circumstances.
11 Oct 2022

MD YAZDANI v. HKSAR GOVERNMENT

Citation

[2022] HKCFI 3066
Court

Court of First Instance
Case number

HCAL870/2022

Detention became unlawful because, on balance, the period of detention (491 days of immigration detention immediately preceded by a lengthy period on remand) rendered continued detention unreasonable in all the circumstances so that HS2 and HS3 were not satisfied; applicant ordered released on recognizance acceptable to the Director.

Hong Kong Case Law

ALI MAJID v. DIRECTOR OF IMMIGRATION AND ANOTHER

SHEIKH MOHAMMOD SUBUJ v. DIRECTOR OF IMMIGRATION AND ANOTHER

MD YAZDANI v. HKSAR GOVERNMENT