Impetus for the Unprecedented–Part 2, Hong Kong

Published: 11 Oct 2016


The following case has been an impetus for the unprecedented. 

  • Challenge against the Government’s reliance on UNHCR decisions to meet its obligations under the Convention Against Torture.
  • The case which forced the Government to conduct its own assessment of claims under the Convention Against Torture.
  • C & Ors v Director of Immigration & Secretary for Security (HCAL 132/2006, Court of First Instance judgment dated 18th February 2008 – pending appeal)
  • Challenge against the Government’s refusal to assess refugee claims, as required under customary international law.
  • Held that non-refoulement is a matter of customary international law (although found that HKSAR had persistently objected against it).

Read the case here (PDF).