Mark Daly discusses strategic human rights litigation including aspects of the recent case that restrictions on domestic workers applying for permanent residency in Hong Kong are unconstitutional. He also talks about refugees and convention against torture law, and the limits of Hong Kong’s judicial review process.
“First I want to discuss a group that remains in quite a desperate situation in Hong Kong, completely unnecessarily in my view. We’ve got asylum-seekers and torture claimants who have been in Hong Kong for ten years. All they want is a fair decision on their case – Yes or No – and they still don’t have it. They are not allowed to work, so the situation that they are in is quite disgraceful for a place as wealthy as the HKSAR. Now there is proposed legislation, for torture claimants only. There is an Immigration Amendment Bill that is going through Legco now, in my view, far too late, better than nothing, but far too late in the day for people whose lives have effectively been in limbo. Being saved from return to torture is the only good thing … their lives have been destroyed in a way for the length of time that they have had to be here. – Mark Daly”