Hong Kong Case Law: Decisions & Judgments

Topic

Screening procedures

Legal area

Court

10 Apr 1997

NGUYEN PHONG and Others v. THE DIRECTOR OF IMMIGRATION

Citation

NGUYEN PHONG and Others v. THE DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL11/1997

The court will permit the Director to be released from prior undertakings provided an injunction is substituted restraining removal of specified applicants until their applications for leave to apply for judicial review have been determined; moreover, the appropriate practice for last-minute applications is to provide core screening papers and hold a short inter partes hearing so the court can form a provisional view whether leave is likely and grant or refuse interim relief accordingly.
24 Jan 1995

Re Chung Tu Quan and Others

Citation

Re Chung Tu Quan and Others
Court

Court of First Instance
Case number

HCMP3417/1994

Detention under s.13D(1) can lawfully be applied as a general policy to migrants from Vietnam without individualized pre-detention representations; once legality is challenged respondents bear the legal burden to prove detention is reasonable under s.13D(1A)/(1B); detention is impliedly time-limited to that reasonably necessary to achieve repatriation/resettlement and becomes unlawful if the statutory purpose cannot be achieved within a reasonable time — accordingly the court ordered immediate release of Applicants A9, A10 and A11 because, on the balance of probabilities, Vietnam would not ac…
31 Jan 1991

NGUYEN NGOC TOAN AND ANOTHER v. CHAN LEUNG WAI CHING, A SENIOR IMMIGRATION OFFICER

Citation

NGUYEN NGOC TOAN AND ANOTHER v. CHAN LEUNG WAI CHING, A SENIOR IMMIGRATION OFFICER
Court

Court of First Instance
Case number

HCMP3759/1990

The determination of 6 September 1990 was quashed by certiorari because withholding the ISS interviewer's addendum materially and qualitatively diminished the presentation of the asylum claim, resulting in a denial of natural justice; non‑interview by the decision‑maker is not per se a breach if the case is fully and fairly presented, and the existence of an administrative review did not preclude judicial intervention in these exceptional circumstances.

Hong Kong Case Law

NGUYEN PHONG and Others v. THE DIRECTOR OF IMMIGRATION

Re Chung Tu Quan and Others

NGUYEN NGOC TOAN AND ANOTHER v. CHAN LEUNG WAI CHING, A SENIOR IMMIGRATION OFFICER