Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Torture and inhuman or degrading treatment

  • 1 Apr 2026

    SOHAIL KHAN v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

    Citation
    [2026] HKCFI 1934
    Court
    Court of First Instance
    Case number
    HCAL1328/2020

    Leave to apply for judicial review was granted because the Board may have committed an error of law and/or acted with procedural unfairness by assessing a newly raised religion-based risk without holding an oral hearing or probing its genuineness and severity, making the applicant's intended judicial review reasonably arguable and meriting leave.

    • Non-refoulement
    • Torture and inhuman or degrading treatment
    • Right to life (bor article 2)
    • Prohibition of torture (bor article 3)
    • Procedural fairness
    • Oral hearing

  • 5 May 2009

    UBAMAKA EDWARD WILSON v. SECRETARY FOR SECURITY AND ANOTHER

    Citation
    UBAMAKA EDWARD WILSON v. SECRETARY FOR SECURITY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL77/2008

    The Deportation Order was quashed because, on the practical facts, there was a real risk that deportation to Nigeria would expose the applicant to double jeopardy and the attendant prospect of further prosecution and imprisonment would amount to cruel, inhuman or degrading treatment contrary to HKBORO Art.3, ICCPR Art.7 and CAT Art.16(1); delay in bringing judicial review was extended in the exercise of discretion given the seriousness of consequences; the applicant's administrative detention between 27 December 2007 and 23 August 2008 was unlawful because the Director's reasons were inadequa…

    • Deportation
    • Double jeopardy (ne bis in idem)
    • Non-refoulement
    • Administrative detention
    • Torture and inhuman or degrading treatment
    • Limitation/delay in judicial review