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Hong Kong Court of Final Appeal decides landmark Human Rights case

21/12/12

In a ground-breaking constitutional challenge, the Court of Final Appeal has distinguished a number of decisions of the Hong Kong Court of Appeal and held - contrary to these earlier cases - that s. 11 of the Bill of Rights Ordinance does not disapply the Hong Kong Bill of Rights in relation to those subject to immigration laws where the right in question is that not to be exposed to a real risk of inhuman or degrading treatment or punishment.

Although the Appellant did not succeed in establishing his entitlement to the right on the particular facts, this is the first time that the Court of Final Appeal has interpreted s. 11 as permitting those subject to immigration laws to assert fundamental rights of any kind.

The judgment is here.

Richard Gordon QC represented the Appellant etc. instructed by Tso Au Yim & Yeung.