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Secretary for Security v. Prabakar

China, Hong Kong Special Administrative Region.  08 July 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Expulsion — Non-refoulement — Immigration Ordinance Cap. 115 1972 — Domestic policy not to deport a person to a country where his claim of risk of torture in that country is well founded

Human rights — Freedom from torture — Intersection of Refugees Convention, 1951 and Convention against Torture, 1984 — Whether determination of United Nations High Commissioner for Refugees as to refugee status relieving Secretary for Security of duty to consider torture claim independently — Standard of fairness to be observed by Secretary of State in determining torture claim

Relationship of international law and municipal law — Treaties — Immigration Ordinance Cap. 115 1972 — Domestic policy on non-refoulement — Universal Declaration of Human Rights, 1948 — Convention against Torture, 1984 — Refugees Convention, 1951 — The law of the Hong Kong Special Administrative Region of the People’s Republic of China

Type
Case Report
Copyright
© Cambridge University Press 2014

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