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In the Kowloon region of Hong Kong, the government takes responsibility for assessing claims for non-refoulment, or non-expulsion, which includes asylum. It can be a complex process, as the local law is influenced by a mix of international conventions and domestic laws, along with Chinese law which applies in specific cases.
Given the complexity of asylum law, the high burden of proof to substantiate a claim, and the potential need for interpreting language and culture, individuals applying for asylum benefit greatly from the help of a lawyer. Every person who seeks asylum needs to convincingly demonstrate the credible threat they face in their home country. A lawyer can provide the essential legal assistance to navigate this difficult process and advocate on behalf of the asylum seeker.
The asylum claims in Hong Kong are processed under the Unified Screening Mechanism (USM). This mechanism is based on the Immigration Ordinance, the Bill of Rights Ordinance, and several international conventions. While Hong Kong is not a signatory of the 1951 Refugee Convention, it still follows a principle of non-refoulement under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and several other human rights treaties in which China is a party.
The Immigration Department of Hong Kong manages the asylum process which is initiated when the individual demonstrates a fear of persecution or harm if they return to their home country. The USM staff will conduct a screening interview to evaluate the claim.
Typically, asylum seekers in Hong Kong are not permitted to work or volunteer while their claim is being processed.
The asylum claim process can take several years due to a large number of applicants and limited resources of the Immigration Department.
Asylum seekers are entitled to legal assistance, interpretative services, and a fair and efficient process. They also have the right to appeal a negative decision.
The Duty Lawyer Service provides legal representation to claimants who cannot afford a lawyer. However, the service is limited and does not encompass all aspects of the asylum process.
The Hong Kong Refugee Advice Centre and Christian Action’s Centre for Refugees are the main local non-governmental organisations providing services to refugees and asylum seekers. The United Nations High Commissioner for Refugees (UNHCR) also has a presence in Hong Kong and can provide resources and information.
If you require legal assistance with your asylum claim, the first step is to contact any of the resources mentioned above, particularly the Hong Kong Refugee Advice Centre, which can guide you through the entire process, and the Duty Lawyer Service, which can provide legal representation if you cannot afford a lawyer. Remember that exhaustive documentation of all facts and circumstances related to your claim is crucial for success.
