A Chinese man who stabbed a fellow countryman to death in Belfast two years ago faces execution if he is deported, the Court of Appeal was told yesterday.
Huan Wang (36) has finished a five-year sentence for manslaughter of a former workmate in the Abacus restaurant, but is still detained in Maghaberry Prison while he battles against a judge's recommendation that he should be returned to his homeland.
Frank O'Donoghue QC said in the Belfast court that Wang faced a significant risk of death, torture or inhuman and degrading treatment if deported, as the Chinese authorities retained the right to investigate crimes committed by its citizens in another country.
In cases of serious crimes like manslaughter, counsel said, this could result in the death penalty.
He said Mr Justice Deeny's recommendation that Wang should be deported was the trigger for a home office decision to do so, but such a move would be in breach of Article 3 of the European Convention on Human Rights - the right to freedom from torture, inhuman or degrading treatment or punishment.
Lord Chief Justice Sir Brian Kerr, sitting with Lord Justice Campbell and Mr Justice Morgan, said Wang and his victim were living unlawfully in Northern Ireland when the fatal stabbing took place in March 2005.
He said the court had been asked not to act in a way which was incompatible with human rights legislation, but these had not yet been engaged as a final decision on deportation had yet to be made. The application for leave to appeal against the recommendation to deport was dismissed.
Later, Wang's case came before the asylum and immigration tribunal when his solicitor Martin Brennan said it was inappropriate to deport him while his asylum and human rights claims had still to be determined.
Judgment was reserved.