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Hong Kong grants torture claimant protection; only the second ever

Sri Lankan no longer faces deportation; rights advocates say ruling offers others hope

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Human rights lawyer Peter Barnes, who represented the Sri Lankan man, says ruling is good news for the system. Photo: K.Y. Cheng

The city has accepted its first torture claim since enhancing its screening system four years ago, a move that advocates of asylum seekers view as good news, yet far from sufficient.

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The Sri Lankan man's claim is only the second to have been approved in Hong Kong out of more than 12,000 applications the government has received since 1992, when the city began applying the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The first claim was approved in 2008.

The man, whose name cannot be disclosed for confidentiality reasons, received his approval from the Immigration Department on Thursday, his lawyer Peter Barnes told the yesterday.

This means the government will keep the man from being returned to Sri Lanka, where he faces risk of torture.

"[The man is] very happy and relieved. He's been waiting for this for a long time, and it requires a great degree of persistence and faith," said Barnes.

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"Obviously, it's good news for him, but it's also good news for the system, which has finally recognised that there's a person who's in need of protection," said the lawyer, a specialist in human rights law at Barnes & Daly.

"I hope that now they've recognised one, they'll be prepared to recognise others who are equally deserving of protection."

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