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Hong Kong grounds irrationalitypublic authority dutiespublic order ordinance

CB v Commissioner of Police

[2024] HKCA 172
JurisdictionHong Kong
CourtHK Court of Appeal
Year2024
StatusBinding authority

Summary

Courts will scrutinize decisions involving human trafficking and forced labour with particular care, requiring heightened judicial review of public authority decisions in such cases.

Key Principle

Courts will scrutinize decisions involving human trafficking and forced labour with particular care.

Area of Law

immigration

Related Cases

Minister for Immigration v NZYQ [2023] HCA 37

Executive detention of non-citizens is only lawful where removal is reasonably practicable; indefinite detention where removal is not possible is constitutionally invalid, effectively overruling Al-Kateb.

Minister for Immigration v Vunilagi [2023] HCA 24

HCA considered s 80 Constitution guarantee of trial by jury and the Kable principle as they apply to territory courts and territory criminal proceedings.

Alexander v Minister for Home Affairs (Character Cancellation) [2022] HCA 19

Ministerial discretion to cancel a visa on character grounds must be exercised according to statutory criteria and is subject to judicial review for legal error.

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