Non-refoulement Law in Hong Kong
Author(s): Kirsteen Lau
A practical guide to practicing non-refoulement law in Hong Kong within the USM framework.
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This is a practical guide to practising non-refoulement law in Hong Kong, specifically within the context of the Unified Screening Mechanism (“USM”). It is designed to be a comprehensive one-stop resource for legal practitioners, with Part I providing a concise summary of the the substantive legal framework and Part II providing step-by-step guidance for making and handling non-refoulement claims.
“The author’s stated modest aim of creating a practitioner’s text has been truly exceeded, as this book will become indispensable not only for Judges, academics, and practitioners in Hong Kong, but will also garner a deserved extra-territorial readership.”
- Dr Gerard McCoy QC SC, Gilt Chambers
“I unhesitatingly commend it to all practitioners.”
- Hectar Pun, SC, Denis Chang’s Chambers
“For the first time, this book diligently brings together the practical and legal challenges specific to Hong Kong which are directly relevant to those practitioners who seek to defend these rights. Moreover those engaged in the difficult task of determining claims will find this guidance useful and help them arrive at fair, just and reasonable decisions.”
- Piya Muqit, Justice Centre Hong Kong
Table of contents
PART I SUBSTANTIVE LEGAL FRAMEWORK IN HONG KONG
1 NON-REFOULEMENT LAW IN HONG KONG
2 THE CONVENTION AGAINST TORTURE (‘CAT’)
3 CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (‘CIDTP’)
4 RIGHT TO LIFE
PART II THE UNIFIED SCREENING MECHANISM
6 AN OVERVIEW OF THE USM
7 STAGE 1 OF THE USM
8 STAGES 2 & 3 OF THE USM
9 STAGE 4 OF THE USM
10 JUDICIAL REVIEW
12 COUNTRY OF ORIGIN INFORMATION IN PROCEDURES OF INTERNATIONAL PROTECTION
13 OTHER MATTERS