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Changes to Hong Kong immigration law could re-victimise those fleeing torture and persecution, human rights advocates say

  • The amendments strip those pursuing non-refoulement claims of the right to a translator and would arm immigration officers at a detention facility, among other provisions
  • The measures are part of a push to rein in purported abuse of the city’s system, but critics warn the changes could bring their own problems

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Sina*, a successful non-refoulement claimant from East Africa, takes issue with accusations people like her are trying to game Hong Kong’s system. Photo: Dickson Lee

Local human rights advocates and lawyers are warning against a proposed immigration law they say could result in victims of persecution and torture abroad being denied access to interpreters and – in extreme cases – placed under indefinite detention in Hong Kong.

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The Immigration (Amendment) Bill 2020, expected to undergo its first and second debate at the Legislative Council on Wednesday, will also grant officers new powers to carry guns and steel batons at a detention centre for immigrants in Tuen Mun.

Under the new law, alleged torture victims seeking non-refoulement – Hong Kong’s form of quasi-asylum – in the city risk throwing their cases away if they refuse to take part in medical examinations demanded by authorities, as officers would be allowed to disregard any outside medical reports supporting their claims.

“This is a very unfair thing,” human rights lawyer Patricia Ho Pui-chi said, warning the arrangements could give rise to legal challenges, which would only be more costly and time-consuming for the administration.

The Castle Peak Bay Immigration Centre in Tuen Mun. Photo: Handout
The Castle Peak Bay Immigration Centre in Tuen Mun. Photo: Handout
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The new bill is part of the government’s ongoing effort to rein in purported abuse of the city’s non-refoulement claims system. Under international human rights law, non-refoulement is the principle of not sending someone to a place where they may be persecuted.

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