Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Ulterior purpose/validity of executive act
  • 29 Nov 1993

    ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS

    Citation
    ATTORNEY GENERAL V.BUI DINH NGOC AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP3316/1993

    On the facts before the court and for the purposes of exercising judicial discretion the judge assumed the section13E(1) orders and s32(4)(a) authorisations to be valid, held that the Crown's need for witnesses outweighed the respondents' liberty interests, reserved jurisdictional and factual challenges (including alleged ulterior purpose and Director's intention) for future application where the Director can adduce evidence, ruled that body orders do not amount to detention orders, and that unsealed originating notices were not a fatal procedural defect; accordingly ordered detention under s…