“…In Tan Te Lam v Superintendent of Tai A Chau Detention Centre[1997] AC 97 the Judicial Committee of the Privy Council approved the Hardial Singh principles, at pp. 108 and 111 (Lord Browne-Wilkinson). At p. 111, Lord Browne-Wilkinson…”
“…ing about the exercise of the power to detain (when properly it can be exercised and when it cannot); nothing about its existence. True it is that in Tan Te Lam[1997] AC 97 the Privy Council concluded that the power itself had ceased to exist. But that was because there was simply no possibility of the Vietnamese Government accept…”
“…ng the power to be used to authorise administrative detention for unreasonable periods or in unreasonable circumstances (Tan Te Lam v Tai Chau Detention Centre [1997] AC 97 at page 111D-E per Lord Browne-Wilkinson). The common law gives effect to that restriction through the principles set out by Woolf J in Hardial Singh, which we…”
“…ith the liberty of the subject without making such an intention clear” (at paragraph [29]) and cited Tan Te Lam v Superintendent of Tai A Chau Detention Centre [1997] AC 97, 111; R v Secretary of State for the Home Department, Ex p Khawaja [1984] AC 75, 122 per Lord Bridge of Harwich; and Lord Hoffmann in R v Secretary of State fo…”