Kazu asked in 政治及管治法律及道德 · 1 decade ago


酷刑聲請是什麼? 為什麼某些人要申請酷刑聲請?

2 Answers

  • 1 decade ago
    Favorite Answer

    Not agree on the above answer....

    酷刑聲請是什麼? 為什麼某些人要申請酷刑聲請?

    According to IMMD (Hong Kong Immigration Department) website,

    酷刑聲請 (Enforcement and Torture Claim) is a division of Immigration that process Immigration prosecution, deportation and investigation of legitimate claim of political refugee.

    This is also the very base line reason of asylum seeker seek protection oversea.

    Under UN juridiction, the claim must satisify 2 seperate and equal term.

    Enforcement :

    That mean if the person was deported to their original place of settlement, that person will be arrested, and remand of custody.

    Torture :

    That mean if that person was deported to their original place of settlement, that person will be tortured by the crime s/he commit.

    Under Internation law of torture, a country that receive such claim ofrm a person MUST not deport that person unless the claim is turn out not to be truthful. ANd that a country of the claim file should grant temporary residence and provide protective service to that person until his/her case have been finalised.

    Usually a country will provide such person with detention facility and also provide him/her legitimate residence for the time being until the end of investigation as per protective person act. In HK case, it is the subtext of working permission that stir trouble. As you may know, Temporary Residence in HK can work without any restriction, unlike other country like Australia and US.

    2009-10-12 22:26:45 補充:

    .Sorry, the first point is not under enforcement......it's about prosecution, i don't know what process me to type enforcement in that 2 points.

    It's should be

    1.) Prosecution


    2.) Torture

    Source(s): My wife is an Immigration lawyer and used to work with Australian Immigration
  • ?
    Lv 7
    1 decade ago

    In a simple way, it is a cour document that to dismiss a confession or evidence gathered by force. Therefore, they want the court to invalidate such confession or evidence.

    There are mainly 2 reasons for applying this:

    1. The confession or evidence was obtained by force.

    2. The confession or evidence was obtained legally, but the person want to dismiss such confession or evidence to reduce its harm to himself/herself.

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