Judgment DCCJ 562/2011 – Abid Saeed vs. ImmD and Police

Post Date: Feb 4th, 2015 | Categories: Legal | COMMENT

On the conditions of the unlawful detention, I find that:-

(i) there was overcrowding conditions in places like the 1/F of CIC and the detention cells at Yuen Long and Tsing Yi Police Stations where the plaintiff was detained between 8 and 25 October 2006 but not at MTKDC;  

(ii) the plaintiff was detained in places not designed for long-term detention between 8 October and 17 November 2006 (although the conditions in MTKDC was not as bad as those at 1/F of CIC and at the police detention cells);

(iii) he was deprived the opportunity of taking showers (save for once), change of clothing and brushing of teeth during his 44 days detention while at 1/F of CIC, police stations and MTKDC;

(iv) he had to sleep on the floor for a total of 3 nights at the Yuen Long and Tsing Yi Police Stations out of the 107 days Detention Period;

(v)  some of the police cells where he had to stay overnight during the 17 nights, particularly those which were overcrowded, had foul smell due to the external flushing toilet system; and

(vi) save on a few isolated occasions, he was provided with pork-free meals during his detention.

In conclusion, I would enter judgment against the defendant in the total sum of HK$210,000 in this case.

His Honour Judge Andrew Li

Abid Saeed - DCCJ000562_2011