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Hong Kong Leading Case public authority dutiesgrounds procedural improprietyarticle 39 iccpr incorporation

Secretary for Security v Sakthevel Prabakar (Asylum Procedure)

[2004] HKCFA 33
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2004
StatusBinding authority

Summary

High standards of procedural fairness and anxious scrutiny apply to torture claim assessments, requiring the decision-maker to provide adequate reasons.

Key Principle

High standards of procedural fairness apply to torture claim assessments; the decision-maker must give anxious scrutiny to the claim and provide adequate reasons.

Area of Law

human-rights

Related Cases

GA v Director of Immigration (Torture Claim) [2014] HKCFA 64

The statutory non-refoulement screening mechanism must afford high standards of procedural fairness, including legal representation, interpretation, and adequate opportunity to present the claim.

Ubamaka v Secretary for Security (Non-Refoulement) [2012] HKCFA 87

Article 3 HKBOR provides absolute protection against torture and cruel treatment, barring removal of any person facing a real risk of such treatment from HK.

Bloomberg LP v ZXC [2022] UKSC 5

A person under criminal investigation has a reasonable expectation of privacy in respect of that investigation; pre-charge publication is generally misuse of private information.

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