Our focus on
matters concerning important administrative
law matters, particularly those concerning human rights, mean that many of
of cases have far reaching implications. We will strive to provide important
news concerning our work
on this page.
October 2014 'Refugee and Non-Refoulement
Law in Hong Kong: The Introduction of the Unified Screening Mechanism'
Mark Daly's article, 'Refugee and Non-Refoulement Law in
Hong Kong: The Introduction of the Unified Screening Mechanism', appeared in
the October 2014 edition of 'Hong
Kong Lawyer'. In this
article, Daly contends that whilst the Unified Screening Mechanism was a
welcome development that marks the beginning of a new area of law in Hong Kong,
it is not without issue. The main issue
being that the system was cobbled together as a piecemeal reaction to
litigation and now places an undue burden on the courts to provide guidance and
overturn flawed decisions.
9/9/2013 - 'Hong Kong's New
Asylum System Harder to Exploit' SCMP
The Immigration Department
has claimed the new Unified Screening Mechanism set to take place at the end of
2013 will plug the loopholes in the process.
The Department further claimed that the 28 day contentious deadline for
submitting supporting documents would not be extended. In this article, Mark Daly discusses his
concerns about whether or not all three claims would be statutory under the new
system.
28 February 2014 - 'Foreign
Domestic Workers Across Asia Rise Up Over Exploitation' - The Guardian
An article regarding
foreign domestic workers in Hong Kong speaking out about their working
conditions and being treated like second class citizens appeared in 'The
Guardian'. In this article, Mr Mark Daly
states that Hong Kong is slow to change the attitude towards a multicultural
society based on respect and dignity.
27/7/13 the Pearl Report -
'Life in Limbo'
The Pearl Report recently
featured a program on the plight of refugees in Hong Kong. The Report looked at, in particular, the
system of ISS and the right to work. Mr
Mark Daly, the firm's principal, is featured in this program.
27/6/2013 Hong Kong
Government finally introduces a unified system to screen asylum /
non-refoulement claims in Hong Kong
3 months after the judgment
in C & Ors, the Hong Kong Government has decided to introduce to the
Legislative Council, on 2 July 2013, its intention to expand the current scope
of the torture claim screening mechanism to include assessments of persecution
risks and cruel, inhuman or degrading treatment or punishment
("CIDTP") risks. We have advocated for this unified system for many
years and are pleased to learn of the Government's intention, despite its
serious delays in making this decision. The Security Bureau just published a
paper in respect of the new unified screening mechanism (see link). We note
that the paper provides very few details about the scheme and will reserve our
comments when they are unveiled.
25/3/2013 BBC - "Hong
Kong court denies domestic worker residency"
"Hong Kong's top court
has ruled that domestic workers are not eligible to apply for permanent
residency, ending a two-year battle that has split opinion."