Reform on establishing a non-refoulement claim in Hong Kong's refugee screening system: difficulties and suggestions

Abstract

This article reviews the possible reasons leading to the low recognition rate of asylum claims in Hong Kong. In the first part of the text, the author briefly introduces the development of the legislative framework of the refugee regime in Hong Kong. Second, the text explores whether the statutory prescribed time limit to file a non-refoulement claim form is effective, in light of the recent implementation of the Unified Screening Mechanism. Third, the author examines the medical examination procedures for asylum seekers under the Immigration Ordinance (Cap. 115 of the Laws of Hong Kong). Fourth, the author studies the practices in the United Kingdom and Canada. Finally, the author makes recommendations on reforms of the refugee screening system in Hong Kong. Indeed, this article is not intended to be a comprehensive review of the refugee system in Hong Kong, but is rather a selection of issues which appear to be controversial.