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26 May 2010, 10:16 pm
The power to detain under the 1971 Immigration Act had to be strictly construed, and should be compliant with the principles laid down in Hardial Singh [1984] 1 WLR 704, as extrapolated in Tan Te Lam v Superintendent of Tai A Chau Detention Centre (1997) AC 97 PC (HK). [read post]
29 Apr 2010, 10:01 pm
The basic principle is that detention can only be for the period reasonably necessary for the machinery of deportation or removal to be carried out (R v Governor of Durham Prison, ex parte Hardial Singh [1984] 1 WLR 704). [read post]
