Non-Refoulement Law in Hong Kong, 2nd Edition

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Non-Refoulement Law in Hong Kong, 2nd Edition

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Non-Refoulement Law in Hong Kong – Second Edition builds upon the substantive developments to the Unified Screening Mechanism with new chapters and a details compendium of non-refoulement cases in Hong Kong, providing practitioners with a more developed and multi-faceted understanding of this area of law.

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
 
 Appendices
 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

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.