SUNG MAN CHO v. SUPERINTENDENT OF PRISONS OF HONG KONG
AND ANOTHER
JO INT OPINION
104
After most careful consideration we have advised
the Respondents to settle this case upon the terms
endorsed on our Briefs and the Order of the Privy
Council has been made giving the Appellant leave to
withdraw the Appeal by consent.
We are
satisfied that such a result is the most satisfactory
one for the Governor of Hong Kong from every point
The decision of the Local Court as to
of view.
the validity of the Deportation Order and the
Shipping Order stands unchallenged; a result which
is obviously of great importance. There was in
our opinion a serious risk of the Deportation Order
being held to be invalidly made and the custody of
the appellant being held to be illegal, while the
action of the officer who questioned the Appellant
was obviously open to serious criticism and comment
by the Court. The original 'Ship' Order and the
renewals of that 'Ship' Order, provided for the
Appellant to be landed in French territory, though
the only evidence before the Court was that the