Legal experts call for unified screening of foreigners seeking sanctuary in HK

The Law Society and the Bar Association have lambasted Hong Kong's system of using three different tests to screen foreigners seeking sanctuary, saying a unified approach would work better.

In statements yesterday, the Law Society said it was "in the best interests of Hong Kong to have in place a … legally comprehensive system", while the association said "there is a good deal to be said in favour of a single domestic screening exercise".

For years, the Immigration Department has only checked whether foreigners would be at risk of torture if they were deported. But in a decision handed down in December, the Court of Final Appeal ruled this practice breached domestic laws and international treaties. It said equal weight should be given to whether the person would face "cruel, inhumane or degrading punishment or treatment".

Thousands of torture claims might have to be re-examined at the expense of public resources, barrister Mark Sutherland said. Despite the lack of a formal screening system for cruel punishment or treatment claims, immigration officials had sought to carry out impromptu assessments without giving the claimant legal representation, he said.

Meanwhile, the Office of the United Nations High Commissioner for Refugees in Hong Kong continues to be independently responsible for screening asylum seekers seeking refugee status.

This framework has in the past invited abuse by migrants who have filed multiple claims as a way to stay in the city and work illegally, often for years.