The Supreme Court determined that the assurances from the Taiwanese Government offered
the respondent reasonable protection against violence by non-state actors and the circumstances of his confinement, should he be unable to mix with the wider prison population, would not entail a real risk of his being subject to treatment that infringes art 3.
The Act failed in a s. 1 analysis because it did not provide sufficiently clear and sufficient standards to avoid arbitrary or discriminatory application for a section of the statute which allows for a
protection order where «there are
reasonable grounds to believe that the
respondent will engage in cyberbullying of the subject in the future.»