Read the full judgment text of HCAL 675/2022 on BabelCite. This Court of First Instance judgment was delivered on 10 August 2022 before Coleman J.
Constitutional and administrative law – habeas corpus – immigration detention – lawfulness of continued detention – Hardial Singh principles – Court of First Instance – Indian national subject to valid removal order – Applicant detained under section 32(3A) of the Immigration Ordinance Cap 115 for 384 days pending removal – Applicant sought writ of habeas corpus – extensive prior criminal record including five theft convictions resulting in sentences totalling over three years' imprisonment – repeated failures to report recognizance on eight prior occasions – non-refoulement claim history with remittal to TCAB/NCPO agreed in principle – key issue whether continued detention has become unreasonable and unlawful in light of the Hardial Singh principles as summarised in Harjang Singh v Secretary for Security [2022] HKCA 781 – court held that the Director intends to remove the Applicant and is acting with reasonable diligence, the JR application and remitted TCAB/NCPO proceedings are expected to be resolved within a few months, and the risks of absconding and reoffending are real and substantial, justifying continued detention – held detention remains reasonable and lawful – section 32(4A)(f) of the Ordinance relevant to threat/security risk assessment – personal circumstances including Hong Kong resident girlfriend and young son do not outweigh factors against release – civil claim in DCCJ 5547/2021 not a legal impediment to removal – application dismissed – no order as to costs.
Legal issues: Lawfulness of continued immigration detention under Hardial Singh principles
Outcome: Application for writ of habeas corpus dismissed. Continued detention of the Applicant held to be lawful.
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