Government's policy on deporting illegal visitors is being re-written in the wake of the illegal detention of three Chinese nationals and a Singaporean since January.

With the deportation of the last Chinese illegal on Sunday, the group of four's lawyer, Richard Horseman still pressed Puisne Judge Philip Storr to declare they had been unlawfully imprisoned, in the interest of “public policy”. The judge only rendered his decision after assurances from the Crown that the practice is being corrected.

Mr. Justice Storr told Mr. Horseman: “Courts don't make declarations that make no useful purpose. They are gone now.”

But he commended Mr. Horseman's actions in bringing the matter to the fore.

“You have served a useful purpose for proceedings in the future," he said. "This is a practice that has been happening in the AG's Chambers for years.”

The Governor has wide powers to hold those entering Bermuda illegally, and the AG's Chambers should not have included a clause which restricted the length of time to 28 days. “This effectively tied the hands of Governor,” Mr. Justice Storr said.

The four were discovered to be travelling on forged passports and papers were served on March 11 and expired on April 8. Mr. Horseman sued a week later.