Reform Urged After Court Raps Asylum Appeal Ruling

"); jQuery("#212 h3").html("

Related News Programmes

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "http://newsstatic.rthk.hk/audios/mfile_1386017_1_20180315182850.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'http://news.rthk.hk/rthk/en/component/k2/1386017-20180315.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','http://news.rthk.hk/rthk/en/component/k2/1386017-20180315.htm', 'DCS.dcsqry', '' ); } } }); }); });

2018-03-15 HKT 16:32

Share this story

facebook

  • The court ruled that the adjudicator failed to uphold a high standard of fairness and made procedural irregularities as well as an error of law. File photo: RTHK

    The court ruled that the adjudicator failed to uphold a high standard of fairness and made procedural irregularities as well as an error of law. File photo: RTHK

A human rights organisation is calling for more transparency over how Hong Kong deals with appeals by asylum seekers, after a judge quashed a decision against a pregnant woman, slamming the adjudicator as "cynical" and lacking in compassion.

The call by human rights organisation Justice Centre Hong Kong came after the High Court on Tuesday ruled in favour of a Filipino woman, who was compelled to go ahead with her appeal hearing despite experiencing labour pains.

The centre said more than 90 percent of those on appeal before the Torture Claims Appeal Board – which hears appeals from torture claimants who have had their applications for asylum rejected by the Immigration Department – appear without legal representation, and only around 0.5 percent of the appeals are successful.

The adjudicators are former judges, magistrates or barristers, as well as those considered qualified by the Chief Executive, who nominates them.

In the judgement handed down on Tuesday, deputy High Court judge Amanda Woodcock said the “clear cynicism” in the pregnant woman's case was unacceptable.

The asylum seeker, Villarico Loutherliz Talag, had appeared before the board in September 2016, when she was eight-and-a-half months pregnant. Prior to her hearing, she told the clerk that she was unwell, and was experiencing contractions. She had been in hospital for five days prior to that for pregnancy-related complications.

She said she wanted to adjourn the hearing. But during the proceedings the adjudicator told her that he wouldn't allow this and also said he would not organise another hearing.

He told her that she would only have to answer at most five or six questions, and asked if she wanted to answer them. She said she would prefer not to, and the hearing was ended. The woman gave birth 30 hours later.

Four months later, the adjudicator announced his decision, dismissing her appeal, and making no mention of the adjournment conversation.

Justice Woodcock slammed the lack of compassion demonstrated, and said the adjudicator had failed to conduct the hearings to a high standard of fairness, and there had been both procedural irregularities and an error of law.

The board's decision was quashed, and the appeal was sent back to the board for reconsideration, by another adjudicator.

Annie Li, research and policy officer at the Justice Centre Hong Kong, said there's no need for the board's hearings to always be held in private, and NGOs have routinely been refused access to them.

The centre said the UN's Committee on Torture had also called for more transparency in February 2016, recommending the board publish redacted decisions.

Li said the government only said that the board is considering the UN's recommendations.

RECENT NEWS

OKI And Hitachi To Launch Joint Venture For ATM And Automated Equipment In October

OKI, Hitachi, and Hitachi Channel Solutions have announced that they have reached agreements to integrate their automat... Read more

The Race For Hong Kongs First Stablecoin Licenses Is Almost Over

I’ve been refreshing the Hong Kong Monetary Authority’s register of licensed stablecoin issuers frequently over the... Read more

HTF Securities And Alchemy Pay Expand Hong Kong Type 1 License For Virtual Assets

Alchemy Pay has announced that, in partnership with HTF Securities Limited, it has successfully expanded HTF Securities... Read more

Ping An Digital Bank Rebrands As Deposits Exceed HK$12 Billion

Ping An Digital Bank has introduced a new brand identity, aligning more closely with its parent, Ping An Insurance. The... Read more

Futus PantherTrade Launches Full-Scale Licensed Operations In Hong Kong

Futu has announced that its wholly-owned virtual asset trading platform, PantherTrade, has begun full-scale licensed op... Read more

Mastercard Enables AI Agent To Complete Live Ride-Booking Payment In South Korea

Mastercard has completed a live, authenticated agentic transaction in South Korea, marking a key development in AI-powe... Read more