Page 2 and 3 of
the Submission:
of treatment between Chinese illegal immigrants and Vietnamese migrants.
"The law forbids any challenge to the underlying legality of the detention."
Comments:
1.2
Page 5 of the
Submission:
sm612
This statement is untrue. There
are numerous cases where Vietnamese migrants have been granted legal aid to seek a judicial review against the legality of their detention. For example, Tran Quoc Cuong and Khuc The Loc (High Court No. 1506 of 1990) and Pham Van Ngo
and others (High Court No. 3005 of 1990). In the case of the former, the High Court of Hong Kong has confirmed the legality of the detention of Vietnamese asylum seekers
in accordance with the laws of Hong Kong.
In the case of the latter which is now
known as the "Boat 101" case, the plaintiffs won a habeas corpus action against the Hong Kong Government for unlawful detention, claiming that the
Government had reneged on an undertaking to provide them with assistance to continue their journey to Japan.
"At no time then
A
or today were the
Vietnamese found to pose a danger to Hong
Kong society."
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