Refugees in international law and Hong Kong’s obligations

Abstract

Hong Kong needs a comprehensive, systematic policy toward asylum seekers and refugees based on international standards, including provisions currently applicable to Hong Kong by virtue of the SAR‟s obligations under domestic and international human rights law and customary international law. This policy should include implementation of a legal framework that provides for a refugee status determination mechanism and basic protections for refugees. Extension of the Refugee Convention and Protocol to Hong Kong would highlight that refugee protection is a matter of basic international human rights, as distinct from a mere immigration control issue that may be subject to periodic shifts in policy. Extension of the Convention and the resulting obligations would also ensure the full range of refugee rights and be preferable to relying on current international and domestic legal requirements.