Secretary for Security v Sakthevel Prabakar (2004) 7 HKCFAR 187
What was at stake
Standard of fairness required when the government assesses whether removing a person would expose them to a risk of torture (non-refoulement under the Convention against Torture).
What the court decided
A determination of torture risk concerns life, limb and fundamental rights, so high standards of fairness apply and the courts will subject it to rigorous examination and anxious scrutiny. The foundational Hong Kong non-refoulement decision.
Categories
Authoritative link
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