21 Oct 2011
SAEED MUHAMMAD otherwise known as MOHAMMED SAID v. SECRETARY FOR JUSTICE sued for and on behalf of DIRECTOR OF IMMIGRATION
- Citation
- SAEED MUHAMMAD otherwise known as MOHAMMED SAID v. SECRETARY FOR JUSTICE sued for and on behalf of DIRECTOR OF IMMIGRATION
- Court
- District Court
- Case number
- DCCJ1717/2010
The court concluded that section 11 of the HKBORO excepts immigration legislation from the HKBOR so the plaintiff could not rely on Art.5(1) HKBOR to impugn detention under section 32; accordingly the claim for unlawful detention was dismissed. The court further held that, had section 11 not applied, detention under section 32(2A) would have been unlawful for lack of certain and accessible grounds, and on that hypothetical basis the claimant would have been entitled to ordinary damages of HK$10,000.