Read the full judgment text of HCAL 68/2005 on BabelCite. This High Court CFI judgment was delivered on 14 September 2005 before Reyes J.
Constitutional and administrative law – judicial review – deportation – Immigration Ordinance (Cap. 115) s. 20(1)(a) – convicted rapist sentenced to 8½ years' imprisonment – threat to deportee's life in home village from victim's family – whether PSS's decision to deport was unreasonable/irrational – standard of scrutiny where life and limb at stake – whether principles in Secretary for Security v. Sakthevel Prabakar (2004) 7 HKCFAR 187 apply beyond torture cases to convicted offenders – right to life as non-derogable core human right – PSS's failure to engage rationally with the threat to life – low risk of re-offending – deportation decisions quashed – Respondents' appeal to Court of Appeal (CACV 370/2006) dismissed on 20 July 2006.
Legal issues: Standard of scrutiny in deportation cases where life and limb are at stake · Whether the PSS's deportation decisions were unreasonable/irrational
Outcome: The PSS's deportation decisions were quashed. The court stated it would hear the parties on consequential orders and costs. The practical effect was that Mr Singh could return to normal life in Hong Kong. The Respondents' subsequent appeal to the Court of Appeal (CACV 370/2006) was dismissed on 20 July 2006.
Cited by 2 cases