About Asylum Law in Kowloon, Hong Kong
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.
Why You May Need a Lawyer
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.
Local Laws Overview
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.
Frequently Asked Questions
1. What is the process of seeking asylum in Kowloon, Hong Kong?
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.
2. Can I work while my asylum claim is being processed?
Typically, asylum seekers in Hong Kong are not permitted to work or volunteer while their claim is being processed.
3. How long does the asylum process take?
The asylum claim process can take several years due to a large number of applicants and limited resources of the Immigration Department.
4. What rights do asylum seekers have in Hong Kong?
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.
5. Is it possible to receive legal assistance free of charge?
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.
Additional Resources
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.
Next Steps
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.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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