Koon Wing Lau v Calwell [1949] HCA 65

High Court of Australia Latham C.J. Rich, Dixon, McTiernan, Williams and Webb JJ. Koon Wing Lau v Calwell [1949] HCA 65

ORDER Koon Wing Lau & Ors. v. Calwell & Ors. Causes Nos. 14, 15, 16, 17, 18, 25, 26, 27, 28 and 29 of 1949 (Principal Registry), Declare that the War-time Refugees Removal Act 1949 and the Immigration Act 1949 are valid. Costs of proceedings before Full Court to be costs in the respective causes. Cases remitted to be dealt with by a single Justice consistently with this declaration. Ng Kwan & Ors. v. The Commonwealth & Anor. Causes Nos. 25, 26 and 27 of 1949 (New South Wales Registry). Questions referred answered as follows:—

Ng Kwan v. The Commonwealth & Anor. (No. 25).

1. No, to each alternative.

2. No.

3. No.

4. No, to each alternative.

Li Hop & Ors. v. The Commonwealth of Australia & Anor. (No. 26).

1. No, to each alternative.

Lee Wing & Ors. v. The Commonwealth of Australia & Anor. (No. 27).

1. No, to each alternative.

2. No.

3. No.

Further questions in each of the said causes Nos. 25, 26 and 27 answered as follows:—

(a) Yes.

(b) No.

Cost of proceedings before Full Court to be costs in the respective causes.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 21 Latham C.J.

These proceedings consist of (1) five actions by individual plaintiffs and five applications by the same persons for writs of habeas corpus (proceedings in the Melbourne Registry) which have been referred to the Full Court by Dixon J., and (2) references by Williams J. of certain questions of law which arise in three actions (proceedings in the Sydney Registry) by thirty-eight plaintiffs. The object of the proceedings instituted by the plaintiffs in the actions and the prosecutors in the habeas corpus proceedings (to all of whom I will hereafter refer as the plaintiffs) is to prevent the deportation of the plaintiffs from Australia either by obtaining an order for release from the custody in which they have been held as a preliminary step to deportation or by obtaining injunctions against deportation.