Harjang Singh v Secretary for Security & Anor [2022] HKCA 781. This was a successful appeal for release on Hardial Singh grounds of an individual detained for 1,208 days or 3 years and 4 months.

The Court of Appeal updated and clarified numerous aspects of the law relating to when and for how long a person may be detained pending removal from Hong Kong, including:

– How the Courts make a qualitative assessment of the time taken in non-refoulement proceedings and how delay caused by adjournments is to be considered (paras 83-98)

– Whether ‘fresh’ justifications for detention ought to be discerned by the Court hearing an application for release (paras 99-105)

– How a risk of re-offending is to be assessed by the Court, and what the detainor’s contemporaneous records ought to contain in order to justify detention (paras 108-120)

– How much certainty as to ‘when’ a person may be removed from Hong Kong, is needed (paras 143-153)

– That the impact of detention on a detainee’s family members is relevant to the question of for how long detention will be reasonable and thus lawful (para 155)

– What the Court of Appeal’s task is on an appeal from a first instance judge’s decision that a period of time is reasonable and thus lawful (paras 157-161)

The Court of Appeal went on (para 164) to offer a summary of 24 applicable principles – essential reading for anyone working in the space.

Prince’s Chambers‘ Josh Baker appeared for the successful appellant with Tim Parker and instructed by Mohnani & Associates.