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Lankan linked to terrorism seeking refuge in HK
An unidentified LTTE member is seeking political asylum in Hong Kong on the grounds that his life is in danger if he returns to Sri Lanka but his fate will be decided after an investigation into his claim that he was "tortured' in his motherland, a leading newspaper in Hong Kong reported last week.

The status of the man, who was not named for legal reasons, is "uncertain" owing to a snag in Hong Kong's legal system as well as the unusual nature of his case, the Standard quoted his legal representative Mark Daly as saying.

The man has admitted in court documents to being a member of the LTTE and has been seeking refugee status since 2000, but one factor confusing the case is that Hong Kong has no legislation dealing with refugee status.

The 39-year-old man, who said he worked as a driver in Sri Lanka, claims he first fled the country in 1986 to escape torture and persecution from the government. The man, who is free on bail after being detained for violating immigration laws, is living with his wife and three young children, who joined him in 2001. He is not allowed to work until interviews with immigration officials establish whether his torture claims are valid, the paper said.

The family is being sustained by donations from non-governmental organisations, the paper reported. In his application for a judicial review filed in the HK High Court in March this year, his lawyer argued that to deport him would be unlawful after he claimed he was tortured and had told "he would be the first person to be killed'' after a 2000 arrest in Sri Lanka in connection with a failed bombing.

The Hong Kong Immigration Department had previously issued a deportation order against the man before investigating his torture claims, according to his application. The man has also admitted he had previously been in contact with high-ranking LTTE members and had provided various forms of informal assistance to the rebel organisation.

Since his arrival in Hong Kong, he has been granted successive extensions of stay until March 2003, when he was detained on immigration grounds and initially turned down a request for bail, saying he was a "clear danger to the peace, order and security'' of Hong Kong. The argument was based on undisclosed intelligence.

In July, however, he was freed but he has to report to the Immigration Department each day and is not allowed to leave Hong Kong Island, according to a court order.

Immigration officers are now assessing his torture claims, but it is unclear what would become of him regardless of whether the findings prove positive or negative and the Immigration authorities have refused to comment on whether the man would be allowed to stay if his torture claims were proved, the paper added.

A spokesman would only say the examination would be conducted with a "high standard of fairness" and that the officers interviewing the man have expertise with asylum-seekers.

Hong Kong's United Nations High Commissioner for Refugees rejected the man's application for refugee status in March last year because he was suspected of committing "a serious non-political crime". The rejection has left the Hong Kong government with the task of taking up his case.

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