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- Title
HONG KONG'S POLICIES RELATING TO ASYLUM-SEEKERS: TORTURE AND THE PRINCIPLE OF NON-REFOULEMENT.
- Authors
Rice, James A.
- Abstract
In the years following the transfer of sovereignty from British to Chinese rule, the Hong Kong Special Administrative Region has consistently tried to maintain a reputation as a jurisdiction that enjoys an independent judiciary and the rule of law. However, over the past decade, a series of events in particular areas have challenged this perception. The status of refugees and how they are treated represents one such area. The status of asylum seekers has always been a matter of concern as Hong Kong has never been a signatory to the 1951 United Nations Convention Relating to the Status of Refugees. Additionally, recent court decisions regarding the question of non-refoulement and the absence of a government screening process for refugees make it increasingly difficult for ob-servers to accept Hong Kong as a forward-looking, world-class city. This article examines recent decisions that deal with Hong Kong's obligations under international law regarding avoiding the ejection of refugees to jurisdictions where they will likely face per-secution or torture. In particular, this article focuses on C. and Others v. Director of Immigration, in which Hong Kong's Court of First Instance considered whether an obligation of non-refoule-ment exists, and whether Hong Kong's government has a duty to provide a screening process to determine the status of all refugee claimants. Also explored is an earlier decision by Hong Kong's Court of Final Appeal, Secretary for Security v. Prabakar, in which a screening procedure for torture claimants was established In light of these decisions, this article outlines the current proce-dures used to determine refugee status and highlights the difficul-ties faced by refugees while awaiting resettlement in a third country. This article argues that the administration does in fact have a legal obligation under both international and Hong Kong law to provide asylum seekers a fair and transparent means of ref-ugee status determination.
- Subjects
HONG Kong (China); CHINA; POLITICAL refugees; REFOULEMENT; JURISDICTION; JUDICIAL independence; RULE of law; INTERNATIONAL law
- Publication
UCLA Pacific Basin Law Journal, 2011, Vol 28, Issue 2, p148
- ISSN
0884-0768
- Publication type
Article