Asylum and non-refoulement protection in Hong Kong

The USM assesses all applicable grounds together: torture as defined in section 37U of the Immigration Ordinance, which implements the UN Convention against Torture; a real risk to absolute and non-derogable rights under the Hong Kong Bill of Rights, such as the right to life and freedom from torture or cruel, inhuman or degrading treatment; and persecution risk assessed by reference to the non-refoulement principle in Article 33 of the Refugee Convention.

A person outside their country of nationality who is in Hong Kong may claim only if they are subject or liable to removal and have no right to go to another safe state, or if their surrender is requested in surrender proceedings. Claims cannot be made from abroad or at a Chinese mission.

You must tell an immigration officer in writing that you seek non-refoulement protection and give a general indication of your reasons. Fingerprints and photographs are taken, and the Removal Assessment Section confirms in writing that the claim has been made. At a briefing session officers explain the process, note any special needs and give you the claim form, which must be returned with available supporting documents within 28 days of ImmD's written request, unless an extension is granted. A claim not returned in time is treated as withdrawn.

You then attend one or more screening interviews with a case officer. An interpreter is provided if needed, and you can ask in advance for an officer or interpreter of the same gender. Evidence in other languages should be translated into English or Chinese. ImmD then issues a written decision.

Publicly funded legal assistance is available through the Duty Lawyer Service, subject to a means and merits test; the assigned lawyer can help complete the form and attend interviews with you, and help is also available at the appeal stage for meritorious cases. You may instead instruct your own lawyer at your own cost. Information you give is treated in confidence. While your claim is pending you may not be removed to the country you fear, but the claim does not cancel any removal or deportation order and does not create a right to stay.

You must keep ImmD informed of your residential and correspondence address and phone number, attend all appointments and disclose all relevant facts promptly.

If ImmD rejects the claim, you can file a notice of appeal or petition with the Appeal Board within 14 days after the decision is given to you, unless late filing is allowed. The Appeal Board is the second-tier decision maker: members of the Torture Claims Appeal Board hear torture grounds, and adjudicators acting under the authority of the Chief Executive handle the other grounds. Filing the notice is treated as appealing all the grounds rejected by ImmD.

A substantiated claim means you will not be removed to the risk state, although you may still be removed to another country that is not a risk state. It does not give the right of abode, and time spent in Hong Kong only because of a claim does not count as ordinary residence. If a claim is substantiated on persecution grounds, ImmD passes your details to UNHCR, which considers refugee recognition under its mandate and seeks durable solutions, including resettlement in a third country.