Author: Kirsteen J Lau
Non-Refoulement Law in Hong Kong – Second Edition builds upon the substantive developments to the Unified Screening Mechanism with new chapters and a detailed compendium of non-refoulement cases in Hong Kong, providing practitioners with a more developed and multi-faceted understanding of this area of law.
Publication Date: October 2021
In the four years since the publication of the first edition of Non-Refoulement Law in Hong Kong, the Unified Screening Mechanism (“USM”) has emerged from its infancy and entered adolescence, bringing challenge and change in its wake. Despite inevitable growing pains, the USM has matured into a working system with its own recognised jurisprudence.
The second edition builds upon the substantive legal framework of the last edition and synthesises the author’s significant practical experience acquired over eleven years of specialist practice in this field of law.
Of particular value to practitioners, adjudicators and judges in this new edition is the addition of a comprehensive compendium of Hong Kong non-refoulement cases spanning over a decade, covering substantive legal principles, USM procedure and the judicial review principles which frequently arise in the context of non-refoulement law. In addition, the new edition addresses the significant changes heralded by the Immigration (Amendment) Ordinance 2021 and contains essential updates to both law and practice.
Part I – Substantive Legal Framework in Hong Kong
1. Chapter 1: Non-Refoulement Law in Hong Kong
2. Chapter 2: The Convention Against Torture (‘CAT’)
3. Chapter 3: Cruel, Inhuman or Degrading Treatment or Punishment (‘CIDTP’)
4. Chapter 4: The Right to Life
5. Chapter 5: Persecution
6. Chapter 6: Other Potential Heads of Protection
7. Chapter 7: Internal Relocation Alternative
8. Chapter 8: Women, Children, LGBTI and Other Vulnerable Claimants
Part II – The Unified Screening Mechanism
9. Chapter 9: Commencing a Non-Refoulement Claim
10. Chapter 10: Stage 1 of the USM
11. Chapter 11: Stages 2 & 3 of the USM
12. Chapter 12: Stage 4 of the USM
13. Chapter 13: Judicial Review
14. Chapter 14: Evidence
15. Chapter 15: Country of Origin Information in Procedures of International Protection
16. Chapter 16: Other Matters
17. Appendix 1: Compendium of Useful Hong Kong Case Law
18. Appendix 2: Immigration Ordinance (Cap 115), Part VIIC(1)–(3)
19. Appendix 3: Immigration Ordinance (Cap 115), Schedule 1A
20. Appendix 4: Hong Kong Bill of Rights Ordinance (Cap 383)
21. Appendix 5: Important Articles: Treaties and Conventions