Protection against Arbitrary Detention under Human Rights law
The right to liberty and security is a fundamental human right.
Article 5 of the Hong Kong Bills of Rights, which mirrors Article 9 of the International Covenant on Civil and Political Rights (ICCPR), and Article 28 of the Basic Law guarantee everyone in Hong Kong the right to liberty and security of the person. This means immigration detainees as well as Hong Kong residents are equally protected against arbitrary detention.
The United Nations Human Rights Committee notes in its General Comment 35 that detention authorised by domestic law may still be arbitrary, as arbitrariness includes “elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality.”
Justice Centre secured financial compensation for a recognised refugee who filed a claim for unlawful detention against the Hong Kong Immigration Department. Read about Aron’s story here
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Justice Centre 早前成功協助一名難民就其向香港入境處提出的非法拘留民事索償中取得賠償。在我們的網頁上閱讀Aron的個案