“I will grant the applicant bail for the reason that I have given but I hope that the relevant authorities will address the problem that has been briefly described by me in very general terms. There are no doubt genuine cases for convention claims deserving of due process and consideration by the relevant authorities but it seems more needs to be done to weed out promptly the unmeritorious and unworthy claims. As I have previously indicated this is becoming a serious problem for the courts and the legal system in general, as well as for the community, and there is the added risk that the system in place is being abused not only by unmeritorious claimants but possibly by claimants with a more sinister purpose in mind.”
Hon. Judge Zervos granted the applicant bail as he was held in remand for more than double the time he would ever have been sentenced after trial.
Also Judge Zervos has made spectacular speculations as to why people overstay in Hong Kong and raise non-refoulement claims only later on.
This is a clear example of a very experienced lawyer and new judge from the DOJ who appears to have little first hand experience acting for a refugee. There seems to be scant consideration about the motivations and fears of asylum seekers after arriving in Hong Kong, where they know the acceptance rate is effectively zero percent.