China

Read the case here (PDF).

The following case has been an impetus for the unprecedented. Challenge against the Government’s unfair assessment system of claims under the Convention Against Torture. Resulted in an independent appeal tribunal system and government funded legal representation. Read the case here (PDF).

The following case has been an impetus for the unprecedented. Held that the Government’s administrative detention of claimants under the Convention Against Torture was unlawful because it did not make the grounds and procedure for detention certain and accessible, as required by the Hong Kong Bill of Rights Ordinance. The same principle would arguably apply to refugee…

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…

The following case has been an impetus for the unprecedented.  Read the case here (PDF).

Judge ruled that customary international law of non-refoulement did not constitute a legal norm and has no application in Hong Kong domestic law. Refused to recognise the right of non-refoulement. Also ruled that Hong Kong courts may rely on the UNHCR’s determination of whether a refugee has a well-founded fear of persecution. Read the case…