Hong Kong's 'High Standard of Fairness' Principle and New Statutory Torture Screening Mechanism
Public Law (April 2013) 232
8 Pages Posted: 13 Oct 2012 Last revised: 24 Oct 2015
Date Written: October 12, 2012
Abstract
Hong Kong has recently enacted legislation to provide a framework for the screening of claims for non-refoulement protection under the Convention Against Torture. As the only jurisdiction to administer a screening mechanism solely focused on non-refoulement claims on the ground of torture, Hong Kong’s new statutory scheme commands attention. It is also significant for other reasons. The Legislative Council was prompted to act following fairly robust judicial review into the procedural deficiencies of the then non-statutory torture screening mechanism. The Hong Kong courts held that the torture screening mechanism must meet a “high standard of fairness” which in consequence required systemic changes and enhanced protection for torture claimants. This article will broadly examine aspects of the new statutory scheme, the instrumental role of judicial review in bringing it about and the need for the court to provide a clear and searching standard in future review of torture claim decisions.
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