Aliens — Refugees — Applicants seeking refugee status in Hong Kong — Convention relating to the Status of Refugees, 1951, and 1967 Protocol (“Refugee Convention”) — Article 33(1) of Refugee Convention — Non-refoulement principle — Whether part of customary international law — Whether acquiring status of jus cogens — Determination of refugee status by Hong Kong Sub-Office of United Nations High Commissioner for Refugees (“the UNHCR”) — Exercise of discretion by Director of Immigration on humanitarian grounds — Whether Hong Kong Government having legal obligation not to expel refugee — Whether Hong Kong Government having legal obligation to determine refugee status under customary international law and common law

Relationship of international law and municipal law — Refugee Convention — Refugee Convention not extended to Hong Kong — Customary international law — Whether universal rule of customary international law prohibiting refoulement of refugees — Whether rule acquiring peremptory norm status — Whether rule incorporated into Hong Kong domestic law — Hong Kong policy not to grant political asylum — Whether Hong Kong repudiated rule against refoulement of refugees — Whether Hong Kong Government having legal obligation not to expel refugee to frontiers of any territory where he would face persecution on account of race, religion, nationality, membership of particular social group or political opinion — Whether Hong Kong Government having legal obligation to determine refugee status — Exercise of discretion of Director of Immigration on humanitarian grounds

Sources of international law — Customary international law — Jus cogens — Whether universal rule of customary international law prohibiting refoulement of refugees — Academic opinion — Relevance — Requirements for existence of rule — Whether rule acquiring peremptory norm status — The law of the Hong Kong Special Administrative Region