Ubamaka Edward Wilson v Secretary for Security (2012) 15 HKCFAR 743; [2012] HKCFA 87
What was at stake
Whether the protection against torture and cruel, inhuman or degrading treatment (article 3 of the Bill of Rights Ordinance, reflecting ICCPR article 7) is absolute, and whether the Director must assess that risk before removal.
What the court decided
Article 3 BORO rights are non-derogable and absolute, not limited by the immigration reservation. Where non-refoulement protection is claimed the Director of Immigration must determine whether removal would expose the person to a genuine risk of torture or CIDTP before exercising the power of removal.
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Authoritative link
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