CCPR/C/CHN-HKG/CO/3 terms contained in Sections 2(1) and 3(4) of the Ordinance in practice contain loopholes that might prevent effective prosecution of torture and allow possible defences for acts of torture (art. 7). Hong Kong, China, should bring its legislation in line with international standards, in particular, it should recognize the non-derogable character of the prohibition of torture and should therefore eliminate any possible defences for the crime of torture in accordance with article 7 of the Covenant. 9. While noting with appreciation the Hong Kong, China’s cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR) to ensure protection of refugees and asylum seekers, the Committee regrets that Hong Kong, China, maintains a position not to seek the extension of the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol, and that persons facing deportation proceedings are not always covered by safeguards established in the Covenant. The Committee expresses concern about allegations that deportation operations are not properly monitored by the relevant oversight bodies (arts. 2, 6, 7 and 13). In light of the Committee’s previous recommendations (CCPR/C/HKG/CO/2, para.10), Hong Kong, China, should ensure that all persons in need of international protection receive appropriate and fair treatment at all stages , in compliance with the Covenant. The Hong Kong, China, authorities should recognize the absolute character of prohibition of return to a location where the individual faces a real risk of torture or cruel, inhuman or degrading treatment, also emphasized in the judgement of the Court of Final Appeal in Ubamaka v. Secretary for Security and Anor (FACV 15/2011, 21 December 2012). Hong Kong, China, is urged not to set an inappropriate high threshold for recognizing a real risk of ill- treatment on return. 10. The Committee is concerned about (a) the application in practice of certain terms contained in the Public Order Ordinance, inter alia, “disorder in public places” or “unlawful assembly”, which may facilitate excessive restriction to the Covenant rights, (b) the increasing number of arrests of, and prosecutions against, demonstrators, and (c) the use of camera and video-recording by police during demonstrations (arts. 17 and 21). Hong Kong, China, should ensure that the implementation of the Public Order Ordinance is in conformity with the Covenant. It should also establish clear guidelines for police and for records for the use of video-recording devices and make such guidelines accessible to the public. 11. The Committee expresses concern about reports of excessive use of force by members of the police force, not compatible with the United Nations Principles on the Use of Force and Firearms by Law Enforcement Officials, in particular by the inappropriate use of pepper spray to break up demonstrations to restore order, notably with regard to demonstrations surrounding the annual Hong Kong march on 1 July 2011, the visits of Vice-Premier and President of China,, respectively in August 2011 and July 2012 (arts. 7, 19 and 21). Hong Kong, China, should increase its efforts to provide training to the police with regard to the principle of proportionality when using force, taking due account of the United Nations Principles on the Use of Force and Firearms by Law Enforcement Officials. 12. While noting that the statutory framework has reinforced the role of the Independent Police Complaint Council (IPCC), the Committee remains concerned that investigations of police misconduct are still carried out by the police themselves through the Complaints Against Police Office (CAPO) and that IPCC has only advisory and oversight functions to 3