RE ROMEO SANTIAGO

HCMP002592B/1988

1988 M.P. No. 2592

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

MISCELLANEOUS PROCEEDINGS

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IN THE MATTER OF ROMEO SANTIAGO

and

IN THE MATTER OF AN APPLICATION FOR A WRIT OF HABEAS CORPUS AD SUBJICIENDUM

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Coram: The Hon, Mr. Justice Godfrey in Court

Date of Hearing: 30th December 1988

Date of Delivery of Judgment: 30th December 1988

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JUDGMENT

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1. In these habeas corpus proceedings Mr. Santiago today applies for his immediate and unconditional release from detention. I refusethat application. I will take time to put my judgment into writing but I will now briefly indicate my reasons for refusing the presentapplication. These are :

1. That in my view Mr. Santiago has at no time been unlawfully detained;

2. That in my view the Director of Immigration has at no time improperly or unreasonably exercised, or improperly or unreasonably failedto exercise, any of the powers conferred upon him (for the purposes of this case) under the Immigration Ordinance.

2. I am not satisfied that the allegations to the contrary made on behalf of Mr. Santiago have any justification. (I remain concernedabout the length of time that Mr. Santiago has been kept in detention, but that is another matter. )

3. I arrive at these conclusions, and have decided to refuse this present application, in the light of the offer now made by the Directorof Immigration to exercise his power under S.36(1) of the Immigration Ordinance to release Mr. Santiago from detention if Mr. Santiago now enters into his own recognisance in the sum of $5,000 to report once aweek to the Immigration authorities; and of the further offer made by the Director of Immigration to issue Mr. Santiago with suchproof of his identity as will satisfy the police and immigration authorities of his right to be at liberty in Hong Kong.

4. Although I have refused Mr. Santiago’s application today for his immediate and unconditional release from detention, I do not proposeto dismiss these habeas corpus proceedings. I propose at this stage to adjourn them generally, with liberty to Mr. Santiago to restorethem on two clear days’ notice to the Director of Immigration if so advised. When, in due course, I deliver my considered judgment,I will hear counsel on the question of any further adjournment, and on the question of costs.

(G. M, Godfrey)

Judge of the High Court

Representation:

Mr. G.J.X. McCoy instructed by Messrs, Chan & Kong for the Applicant.

Mr. B. Marshall, Deputy Crown Solicitor and Ms. Helen Chan, Crown Counsel, for the Respondent.