22 January 2008

In response to the recent news coverage on asylum seekers being classified as illegal immigrants and coming to Hong Kong for the purposes of seeking employment illegally, we write to clarify the misconceptions in terminology.

Asylum seekers should not be classified as illegal immigrants. In recognition of the right to seek asylum and the realities faced when fleeing from persecution, Article 31 of the Convention Relating to the Status of Refugees 1951 prohibits States from imposing penalties on asylum seekers for illegal entry. Such asylum seekers are not illegal immigrants and should not be penalized or treated as ordinary illegal immigrants.

Those who come to Hong Kong for the sole purpose of seeking illegal employment are not asylum seekers. We express concern that recent news reports have made general statements to the effect that all asylum seekers enter Hong Kong to seek employment. This is not only misleading but inaccurate.

We are also concerned about recent news reports of possible visa restrictions to be implemented by the HKSAR Government. Whilst respecting the right of the HKSAR Government to control its borders, we express concern that visa restrictions will restrict asylum seekers from entering Hong Kong. We ask that the HKSAR Government respect the right to seek asylum and the principle of non-refoulement in formulating and implementing any new policy and/or practice relating to immigration control.  

Amnesty International Hong Kong has always urged the HKSAR Government to take steps to have the Convention extended to the territory. We believe that extending the rights guaranteed under the 1951 Refugee Convention into Hong Kong is the only effective means of ensuring the protection of basic human rights of refugees/ asylum seekers in the territory. 

For further details please contact AIHK Director: Milabel Amar 21552370/ 63450699