R v. Director of Immigration

HCAL 148/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 148 OF 2012

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CORRIGENDUM

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Page 19, Paragraph 12 Line F-N:

Replace paragraph 12 with the following:

“12. Article 3 of CAT provides as follows:

‘Article 3

1. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2.  For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable,, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.’”

Page 19-20, Paragraph 13 Line O-D:

Replace paragraph 13 with the following:

“13. Torture is defined in Article 1(1) as:

‘1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.’”

Page 33, Paragraph 52 Line Q:

“The enquiry of the conditions of Pakistan is necessary in this case as it is relevant to the question posed in section 37ZI(3) of the Immigration Ordinance namely whether the applicant would face the danger of torture as he alleged if he were surrendered to Pakistan.” should be changed to “The enquiry of the conditions of Pakistan is necessary in this case as it is relevant to the question posed in Article 3(1) of the CAT namely whether the applicant would face the danger of torture as he alleged if he were surrendered to Pakistan.”

Page 35-36, Paragraph 58 Line U-B:

“The result of that consideration will provide the answer to the question of whether the applicant would face the danger of torture as defined in section 37U(1) of the Immigration Ordinance if he were returned to Pakistan.” should be changed to “The result of that consideration will provide the answer to the question of whether the applicant would face the danger of torture as defined in Article 1(1) of the CAT if he were returned to Pakistan.”

Dated the 30^th day of January 2014