Hong Kong Case Law: Decisions & Judgments

Topic

Section 32 immigration ordinance

Legal area

Court

23 Feb 2026

PHAM MANH CUONG v. IMMIGRATION DEPARTMENT

Citation

[2026] HKCFI 1149
Court

Court of First Instance
Case number

HCAL2901/2025

The detention was lawful and not rendered unlawful by its duration because the removal order was valid, the Director had acted with reasonable diligence to effect removal (identity verification, passport issuance, scheduled flight), the Applicant's repeated refusal to cooperate materially delayed removal and such delay is excluded from the assessment of unreasonableness, the risk of absconding and lack of local ties supported continued detention, and medical and family considerations did not outweigh these factors; accordingly the habeas corpus application was dismissed.
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.
1 Feb 1990

RE LAM YUK KUEN

Citation

RE LAM YUK KUEN
Court

Court of First Instance
Case number

HCMP311/1990

The court held that an order under section 32(4)(b) involves a judicial function requiring procedural fairness; making that order ex parte without notice to the detainees breached natural justice and therefore the continued detention pursuant to the ex parte order was unlawful, entitling the applicants to habeas corpus relief.

Hong Kong Case Law

PHAM MANH CUONG v. IMMIGRATION DEPARTMENT

SAEED MUHAMMAD otherwise known as MOHAMMED SAID v. SECRETARY FOR JUSTICE sued for and on behalf of DIRECTOR OF IMMIGRATION

RE LAM YUK KUEN