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Non-refoulement Law in Hong Kong

Non-refoulement Law in Hong Kong

Author: Kirsteen Lau
Publisher: LexisNexis Hong Kong
ISBN: 9789888389452
Published In: June 2017
Format: Paperback , 328 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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A practical guide to practising non-refoulement law in Hong Kong, specifically within the USM framework. This is a comprehensive resource containing the substantive law, a step-by-step procedural guide to the USM as well as cases and materials.

This is a practical guide to practising non-refoulement law in Hong Kong, specifically within the context of the Unified Screening Mechanism (“USM”). It is designed to be a comprehensive one-stop resource for legal practitioners, with Part I providing a concise summary of the the substantive legal framework and Part II providing step-by-step guidance for making and handling non-refoulement claims.

PART I: SUBSTANTIVE LEGAL FRAMEWORK IN HONG KONG
 CHAPTER 1 NON-REFOULEMENT LAW IN HONG KONG
 CHAPTER 2 THE CONVENTION AGAINST TORTURE (‘CAT’)
 CHAPTER 3 CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (‘CIDTP’)
 CHAPTER 4 RIGHT TO LIFE
 CHAPTER 5 PERSECUTION
 
 PART II: THE UNIFIED SCREENING MECHANISM
 CHAPTER 6 AN OVERVIEW OF THE USM
 CHAPTER 7 STAGE 1 OF THE USM
 CHAPTER 8 STAGES 2 & 3 OF THE USM
 CHAPTER 9 STAGE 4 OF THE USM
 CHAPTER 10 JUDICIAL REVIEW
 CHAPTER 11 EVIDENCE
 CHAPTER 12 COUNTRY OF ORIGIN INFORMATION IN PROCEDURES OF INTERNATIONAL PROTECTION
 CHAPTER 13 OTHER MATTERS

Kirsteen Lau

Kirsteen J. Lau was called to the Bar of England and Wales in 2003 (Inner Temple) and to the Hong Kong Bar in 2004. She practices as a barrister in Hong Kong, principally in non-refoulement and USM claims, constitutional and administrative and criminal law and has appeared before various disciplinary tribunals. She is a member of the Hong Kong Bar Association’s Human Rights and Constitutional Affairs Committee.
“The author’s stated modest aim of creating a practitioner’s text has been truly exceeded, as this book will become indispensable not only for Judges, academics, and practitioners in Hong Kong, but will also garner a deserved extra-territorial readership.”

- Dr Gerard McCoy QC SC, Gilt Chambers

“I unhesitatingly commend it to all practitioners.”

- Hectar Pun, SC, Denis Chang’s Chambers

“For the first time, this book diligently brings together the practical and legal challenges specific to Hong Kong which are directly relevant to those practitioners who seek to defend these rights. Moreover those engaged in the difficult task of determining claims will find this guidance useful and help them arrive at fair, just and reasonable decisions.”

- Piya Muqit, Justice Centre Hong Kong