3 Oct 2003
SECRETARY FOR SECURITY v. SAKTHEVEL PRABAKAR
- Citation
- SECRETARY FOR SECURITY v. SAKTHEVEL PRABAKAR
- Court
- Court of Final Appeal
- Case number
- FAMV18/2003
Leave to appeal was granted because the court identified two reasonably arguable questions of public law—whether UNCAT and the Hong Kong 1999 Report impose domestic duties on the Secretary for Security and whether the Secretary must investigate claims of torture independently of UNHCR conclusions—and concluded the public interest in resolving those questions justified granting leave despite the appeal being academic between the parties; leave was granted subject to a costs condition for the respondent if legal aid is not provided.