Journalist’s visa refusal made Hong Kong ‘look silly’, and leader Carrie Lam wrong to say not explaining decision was accepted practice, says city’s top lawyer
Bar Association chairman Philip Dykes points to Britain and Australia as countries where those turned down for a visa are given written explanation for decision
Hong Kong’s leader was wrong when she said the government was following international practice in refusing to say why British journalist Victor Mallet was denied a work visa – the city’s top lawyer said on Monday.
Bar Association chairman Philip Dykes pointed to immigration authorities in Britain and Australia, which both issue written explanations when a visa or entry to the country is denied, as evidence of why Chief Executive Carrie Lam Cheng Yuet-ngor was mistaken.
The senior counsel said the requirement under British and Australian law to explain any decision ensured these were made on a “non-arbitrary basis”, so visitors knew why they had been turned away.
“You can’t operate an immigration system ad hoc. Today chief immigration officer Wong made a decision, tomorrow chief officer Chan made a decision, that’s completely different,” Dykes said, speaking in a personal capacity. “You’ve got to have policies and rules, and have to make them known to achieve consistency and fairness.”