High Court Ordinance

(1)
An application may be made to the Court of First
Instance—
(a)
alleging that a person named in the application is being detained without
                    lawful justification; and
(b)
requesting the issue of a writ of habeas corpus in respect of that
                    person.
(2)
An application can be made by the person alleged to be detained, or by any
                other person on that person’s behalf, and, in particular, can be made by or on
                behalf of a person who claims to be legally entitled to the custody of another
                person.
(3)
An application can be made ex parte.
(4)
As soon as practicable after receiving an application, the Court of First
                Instance must inquire into the allegation that the applicant is being unlawfully
                detained. All proceedings under this section are to be conducted in open court
                unless the Court, in exceptional circumstances specified by the Court, orders the
                proceedings, or a part of the proceedings, to be conducted in camera. All orders and
                decisions made in respect of those proceedings, and the reasons for those orders and
                decisions, are in every case to be announced in open court.
(5)
On considering the application, the Court of First Instance must, if satisfied
                that the application has substance, do either of the
following—
(a)
order the issue of a writ of habeas corpus directing the person having
                    custody of the applicant to have the applicant brought before the Court at a
                    specified time on a specified date and to certify to the Court the grounds for
                    the applicant’s detention;
(b)
order the person having custody of the applicant to appear before the Court
                    in order to justify the lawfulness of the applicant’s detention.
(6)
The Court of First Instance may dismiss an application for a writ of habeas
                corpus if satisfied, on considering the application, that it has no
                substance.
(7)
The person to whom a writ of habeas corpus is directed must, not later than the
                time and on the date specified in the
writ—
(a)
produce before the Court of First Instance the person alleged to be
                    detained; and
(b)
make a formal return to the writ.
However, the Court of First Instance may extend the time within which a writ
                of habeas corpus must be complied with if it is satisfied that there is a good
                reason to do so.
(8)
If for any reason it is not possible for the person to whom a writ of habeas
                corpus is directed to comply with the writ, that person must nevertheless make a
                return to the Court of First Instance specifying the reason why it is not possible
                to comply with the writ.
(9)
When a person is brought before the Court of First Instance in accordance with
                a writ of habeas corpus, the Court must immediately inquire into the circumstances
                surrounding the detention of the person and must order the release of that person
                from detention unless satisfied that the detention is lawful.
(10)
If a person who has custody of a detained person appears before the Court in
                accordance with an order made under subsection
(5
)(
b)
but fails to
                satisfy the Court that the detention is lawful, the Court must order the detained
                person to be released from detention immediately.
(11)
If a writ of habeas corpus has been issued in respect of a detained person, the
                person having custody of the detained person must not, until the writ is discharged
                or the proceedings are
concluded—
(a)
allow the detained person to be moved to another place of detention in Hong
                    Kong otherwise than under the authority of the Prisons Ordinance (
Cap. 234
) or of any other enactment expressly
                    providing for the
detention of persons;
                    or
(b)
allow the detained person to be removed from Hong Kong.
(12)
If a person who was formerly held in detention on a particular ground is
                released because of the issue of a writ of habeas corpus, or in accordance with an
                order made under subsection (10), a person may redetain that person on the same or a
                similar ground only if there has been a material change in the relevant
                circumstances.
(13)
A person
who—
(a)
fails to comply with a writ of habeas corpus or with a requirement of this
                    section; or
(b)
contravenes subsection (12),
is guilty of contempt of the Court of First Instance.
(14)
The right to obtain a writ of habeas corpus under the common law is preserved
                and is affected by this section only in so far as it is inconsistent with this
                section.
(15)
For the purposes of this
section—
(a)
a person has custody of another person not only when the person has actual
                    custody over the body of that other person but also when the person has power or
                    control over that other person’s body; and
(b)
in relation to an application made on behalf of a person, a reference to an
                    applicant includes a reference to that person.