Treatment of torture claimants in breach of laws and treaties
Landmark ruling by top court over way torture claimants are screened when seeking sanctuary could lead to hundreds of cases being re-opened
The way Hong Kong screens people who arrive seeking sanctuary from oppression in their home countries faces a major overhaul after the city's top court ruled the government had breached laws and international treaties.
The landmark decision - handed down by the Court of Final Appeal late last month - means hundreds, possibly thousands, of claims by foreign nationals seeking refuge may have to be re-examined.
News of the judgment is only now spreading among torture claimants, largely with the help of NGOs, such as Vision First.
"Today, I wrote to my lawyer to ask him to get me out and reopen my case," said Masood from Pakistan, who is being held at the Castle Peak Bay immigration detention facility. "I thought I would have to die in here." For years, Hong Kong has relied heavily on concerns that people would face torture if they were deported when making decisions on protection claims.
The court ruling means officials will now have to give equal weight to the prospect of "cruel, inhumane or degrading'' treatment on the person's return.
Hong Kong's screening process has in the past invited abuse by some migrants, who file torture claims as a way to stay in the city and work illegally, often for years, as the applications winds its way through the system. The ruling could discourage such people from coming.