April 2019
Our Legal Caseworker Nathan Chan spoke about children’s rights and migrant domestic workers’ rights in the context of the United Nations Universal Periodic Review in a meeting of the Panel on Constitutional Affairs of the Legislative Council on 15 April 2019. Read or watch his speech (in English, starts at 15:02:05).
March 2019
Submission on Cooperation Between Hong Kong and Other Places on Juridicial Assistance in Criminal Matters
This submission responds to the Security Bureau seeking public views on proposals regarding cooperation between Hong Kong and other places on juridical assistance in criminal matters, including expanding the scope of the case-based approach for the surrender of fugitives. Justice Centre opposes the proposals from the Security Bureau in the absence of a comprehensive review of the Fugitive Offenders Ordinance (Cap. 503) and Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525). We recommend that the Ordinances are referred to the Hong Kong Law Reform Commission for Review. In particular, we are concerned with the lack of human rights safeguards, increased risk for chain-refoulement and concerns with the insufficient protections for individuals who could be subject to the death penalty. Read more here.
February 2019
Submission to the Law Reform Commission of Hong Kong in Response to its Consultation on Access to Information
This submission responds to the consultation of the Law Reform Commission of Hong Kong, calling for more time to consider the consultation paper and make submissions. Justice Centre’s is concerned with the introduction of an application fee for data. This hinders the right of access to information. Justice Centre recommends the Law Reform Committee withdraws its recommendation for charges for data. Read more here.
Submission to the Committee on the Elimination of Discrimination Against Women (CEDAW)
This submission offers our recommendations to United Nations the CEDAW, ahead of its half-day general discussion on trafficking in woman and girls in the context of global migration. The primary aim of the General Recommendations is to uncover the root causes of women’s and girls’ increased risk to trafficking and remaining as trafficking victims, so these can be identified, recognised and addressed by State Parties. This submission uses case examples and data from our previous research and reports; Refugee-Human Trafficking Nexus Research, Coming Clean, and Not Stopping Here.
Read more here.
January 2019
Submission to the Hong Kong Government on the 2019-20 Budget Consultation
We have submitted our recommendations to the HKSAR budget consultation. The recommendations are ultimately the same as last year. This is because we’ve seen exactly the same problems emerge. Our primary concern is the lack of not-for-profit community law centres, or their equivalent, to provide specialist, free legal advice and representation. This submission also addresses funding to support civil society participation in treaty processes and the United Nations Periodic Review, and training for government officials to combat human trafficking.
Read more here
Report Launch : Not Stopping Here
This report explores how and why Hong Kong may be a transit site for human trafficking. It is the first one on the subject that has been carried out. Sectors and activities studied include the domestic work sector, the sex work sector, and the drug trade. Recommendations on policy and law are made in the report. Justice Centre Hong Kong hopes that these early findings will prove to be the start of much needed conversations about how and why people are being moved through the city. The report has been authored by Jade Anderson, Head of Research, and Annie Li, Research and Policy Officer at Justice Centre Hong Kong.
Read more here
Submission to the Panel on Security of the Legislative Council
Justice Centre Hong Kong made submissions to the Panel on Security of the Legislative Council for its meeting on 8 January 2019 on proposals being considered by the Security Bureau and Immigration Department to amend the Immigration Ordinance in relation to non-refoulement.
November 2018
Submission to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council
Justice Centre Hong Kong made submissions to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council for its meeting on 27 November 2018 on proposals being considered by the Security Bureau and Immigration Department to amend the Immigration Ordinance in relation to non-refoulement.
Submission to the Panel on Constitutional Affairs of the Legislative Council
Our Policy Advisor Jake Mendrik spoke with regards to responses made by the Constitutional and Mainland Affairs Bureau to the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD). He made recommendations calling for a identification mechanism for stateless persons, the repeal of the “two-week rule” for migrant domestic workers, and for the government to consider the United Nations Universal Periodic Review recommendations made by Indonesia and the Philippines in the meeting of the Panel on Constitutional Affairs of the Legislative Council on 19 November 2018. Read or watch his speech (starts at 15:32:10).
Committee on the Elimination of Racial Discrimination
Justice Centre Hong Kong made submissions to the United Nations Committee on the Elimination of Racial Discrimination to clarify the situation of statelessness in Hong Kong, in response to the Hong Kong Government’s replies to the Committee’s list of themes. The submissions were also lodged with the Special Rapporteur on the human rights of migrants, the Special Rapporteur on minority issues and the Special Rapporteur on racism.
October 2018
Submission for CE Carrie Lam’s 2018 – 2019 Policy Address Consultation
In October Justice Centre Hong Kong made submissions to Chief Executive Carrie Lam’s consultation exercise for her second Policy Address. This document, while noting the government’s efforts at addressing certain pressing issues of interest in Hong Kong, echos its previous edition in calling for increased government engagement with civil society organisation, specifically in policy and legislative development while also seeking increased transparency in the policy-making process.
Read the full submission here.
Submission to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council
Justice Centre Hong Kong made a written submission to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council of Hong Kong on the Unified Screening Mechanism for its meeting on 18 October 2018. Our Research and Policy Officer Annie Li delivered a speech in the same meeting. Watch her speech here (starts at 14:45).
July 2018
Submission to the Committee on the Elimination of Racial Discrimination
Justice Centre Hong Kong made submissions to the United Nations Committee on the Elimination of Racial Discrimination for its consideration of Hong Kong’s third report in August 2018. The rights of asylum seekers, refugees and victims of torture, forced labour and human trafficking are raised in the submission.
Submission to the Panel on Constitutional Affairs of the Legislative Council
Justice Centre Hong Kong made submission to the Panel on Constitutional Affairs of the Legislative Council of Hong Kong for its meeting on 16 July 2018 on the consideration of Hong Kong’s third report by the United Nations Committee on the Elimination of Racial Discrimination.
Submissions to the Panel on Security of the Legislative Council
Justice Centre Hong Kong lodged a submission with the Panel on Security of the Legislative Council of Hong Kong for its meeting on 10 July 2018 on the proposals considered by the Hong Kong Government to introduce amendments to the Immigration Ordinance and other ordinances in relation to asylum seekers and refugees.
Another submission was lodged for the same meeting of the Panel on human trafficking in the context of sex work.
June 2018
Submission to the Panel on Security of the Legislative Council
Justice Centre Hong Kong made submissions to the Panel on Security of the Legislative Council of Hong Kong on the Administration’s Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong and the Proposed Members’ Bill Entitled ‘Modern Slavery Bill’ to Criminalize All Forms of Human Trafficking in Hong Kong ahead of its meeting on 5 June 2018.
Submission to the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Justice Centre Hong Kong responded to the questionnaire of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences for NGOs and other stakeholders on the gender dimensions of contemporary forms of slavery, including its causes and consequences.
May 2018
Submission to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council
Justice Centre Hong Kong made submissions to the Subcommittee to Follow Up Issues Relating to the Unified Screening Mechanism for Non-refoulement Claims of the Legislative Council on the screening of non-refoulement claims and appeal procedures for its meeting on 21 May 2018.
Submission to the Special Rapporteur on contemporary forms of slavery, including its causes and consequences
Justice Centre Hong Kong responded to the questionnaire of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences for NGOs and other stakeholders on domestic servitude of migrant women and girls.
April 2018
Submission to the Panel on Constitutional Affairs of the Legislative Council
Our Research and Policy Officer Annie Li spoke about refugee rights and human trafficking in the context of the United Nations Universal Periodic Review in the meeting of the Panel on Constitutional Affairs of the Legislative Council on 30 April 2018. Read or watch her speech (in Cantonese, starts at 25:00).
Submission to the Subcommittee on Children’s Rights of the Legislative Council
Our Research and Policy Officer Annie Li spoke about establishing a data bank relating to children in the meeting of the Subcommittee on Children’s Rights of the Legislative Council on 4 April 2018. Read or watch her speech (starts at 01:58).
January 2018
Submission to the Hong Kong Government on the 2018-19 Budget Consultation
Justice Centre Hong Kong has made a submission to the government with respect to the 2018-19 Budget consultation. The submission primarily discusses access to justice, including funding for legal assistance sector services. Justice Centre is concerned about the lack of not-for-profit Community Law Centres or their equivalent to provide specialist, free legal advice and representation. Justice Centre’s submission also addresses funding to support civil society participation in treaty body processes and the United Nations Universal Periodic Review, and training for government officials to combat trafficking in persons.
Read our full submission here.
December 2017
Refugee-Human Trafficking Nexus Research
Justice Centre Hong Kong conducted primary research with a view to exploring the refugee-trafficking nexus in Hong Kong. Specifically, the research has examined if and how those seeking protection through Hong Kong’s Unified Screening Mechanism might also be victims of trafficking. Recommendations have been made for the Hong Kong Government and civil society based on the findings of the research.
The research report is available here.
October 2017
Submissions to the Bills Committee on Employment (Amendment) (No.2) Bill of the Legislative Council of Hong Kong
On 13 October 2017, Justice Centre spoke at the Legislative Council’s Bills Committee on Employment (Amendment) (No.2) Bill 2017. We acknowledge the Government is taking a positive initiative to strengthen the regulation of employment agencies and prevent exploitation of job seekers, which include migrant domestic workers. Among our recommendations are the requests that the Government provide clarifications on its policy regarding the provision of false or misleading information by employment agencies, and the collusion between agencies and money lenders.
Read our full submission here, and watch our Research and Policy Officer Annie Li’s speech here (starts at 00:21:45).
September 2017
Submission for CE Carrie Lam’s 2017 – 2018 Policy Address Consultation
On 14 September, Justice Centre made submissions to Chief Executive Carrie Lam’s consultation exercise for her first Policy Address. Whilst Justice Centre appreciates this opportunity, we express concerns regarding the Government’s refusal to conduct a full-scale public consultation exercise. In particular, we urge the government to engage with civil society organisations so as to enable their participation in policy and legislative developments. We also raise specific issues and recommendations in relation to the rights of asylum seekers, refugees, and human trafficking
Read our full submission here.
July 2017
Submissions to the LegCo’s Subcommittee on Children’s Rights
On 24 July 2017, Justice Centre spoke at the LegCo’s Subcommittee on Children’s Rights. We expressed concerns that there is minimal protection for children seeking protection in Hong Kong. We urged the Government to put the interest of asylum-seeking and refugee children first in all actions concerning them, in accordance with Article 3(1) of the Convention on the Rights of the Child. In particular, we urge the Security Bureau not to introduce detention camps for people seeking protection in Hong Kong, especially not for children.
Read our full submission here.
Submissions to the LegCo’s Panel on Administration of Justice and Legal Services
On 18 July 2017 the Panel on Administration of Justice and Legal Services held a discussion on measures to prevent the misuse of the legal aid system. In response, Justice Centre submitted a statement outlining our recommendations. We call upon the Government to develop the expertise of lawyers in public interest law through publicly-funded law centres, provide clear guidelines for duty lawyers, introduce mechanisms to review complaints or allegations of misuse of legal aid, and commission independent research into legal representation at the Torture Claims Appeal Board level.
Read the full statement here.
May 2017
Statement at the the first informal thematic session of the Global Compact for Safe, Orderly and Regular Migration, May 9 2017 in Geneva.
Justice Centre’s Executive Director, Piya Muqit was invited to speak at a panel session of the Global Compact to raise awareness of racism and xenophobia towards migrants in East Asia, drawing on our experience in Hong Kong working with refugees and our research on forced labour and human trafficking amongst migrant domestic workers.
Read her statement here, and watch the video of her addressing delegates here from the 33’40 mark.
November 2016
Informal Briefing to Selected Members of the LegCo Panel on Security regarding the Comprehensive Review of the Unified Screening Mechanism
On 11 November 2016, the LegCo Panel on Security held a meeting to discuss the comprehensive review of the Unified Screening Mechanism for Non-refoulement claims, for the first time in the new term of the Legislative Council. Before the meeting, Justice Centre Hong Kong submitted an informal briefing to selected members of the Panel on Security to raise our concerns about the scope of the “comprehensive review”.
Read our full briefing provided to selected members of the Panel here.
Read the Administration’s paper here.
June 2016
Submission and Speech to the LegCo’s Panel on Security for the hearing of the HKSAR’s 3rd report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Justice Centre has made a written submission to the Panel on Security. The Panel meet on June 7 & 11 for the hearing of the HKSAR’s third report
under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT). The submission outlines our concerns about recent rhetoric on refugees, CAT and the Unified Screening Mechanism. It recommends that resources should be spent on improving fairness and efficiency of the USM. Also more should be done to combat human trafficking and forced labour and to protect rights of migrant domestic workers in Hong Kong.
Our Executive Director, Piya, delivered an oral statement at the meeting on June 11.
Read our full written submission here.
Read Piya’s oral statement here.
Watch the full LegCo session here.
May 2016
Submission and Speech to the LegCo’s Panel on Manpower on Draft Code of Practice for Employment Agencies
On May 24, the Legislative Council’s Panel on Manpower held a special meeting on the Draft Code of Practice for Employment Agencies issued by the Labour Department. On the back of our groundbreaking report, ‘Coming Clean‘, Justice Centre made a written submission to the panel. Our Advocacy and Campaigns Manager, Victoria, also made an oral statement at the Panel.
Read our full written submission here.
Read Victoria’s full speech here.
April 2016
Joint statement: “Stop discrimination: Community calls for calm on refugee debate”
On April 11, Justice Centre, along with almost 200 other local and international groups and prominent individuals, issued a statement calling for a stop to widespread discrimination against refugees in Hong Kong. The statement was issued at a press conference at the Legislative Council. NGOs, faith groups, lawyers, unions, academics and individuals from all around the world called for calm in the public debate and an end to discriminating language which is causing a high level of anxiety among this vulnerable population.
Read the full statement online in English and Chinese.
Expert Workshop: United Nations Voluntary Fund for Victims of Torture
Our Executive Director, Piya Muqit, was invited to speak about the redress and rehabilitation of child torture survivors at a workshop organised by the United Nations Voluntary Fund for Victims of Torture (UNVFVT) in Geneva on April 6-7. Marking the 35th anniversary of UNVFVT, the workshop brought together child rights experts and practitioners in the field of torture rehabilitation. Piya shared about our services to protect the rights of torture survivors seeking protection in Hong Kong and explained the importance of UNVFVT funding for our work.
February 2016
INFORMAL BRIEFING TO SELECTED LEGCO MEMBERS OF THE PANEL ON SECURITY
On February 2, 2016, the LegCo Panel on Security held a meeting to discuss the HKSAR Administration’s comprehensive review of the strategy of handling non-refoulement claims. Whilst Justice Centre welcomes a comprehensive review of the Unified Screening Mechanism (“USM”), it is worth stressing that the purpose of the USM is to protect those at risk of persecution, torture, cruel, inhumane, degrading treatment or punishment.
Prior to the meeting we submitted an informal briefing to selected members of the Panel on Security. Read our full briefing here.
Read the Administration’s paper here.
December 2015
Statement on the Motion proposed for the Legislative Council Meeting on 16 December 2015 on “Expeditiously formulating measures to combat the problem of ‘bogus refugees'”
On 4 December 2015, the Hon. IP Kwok-him gave notice to move a motion on “Expeditiously formulating measures to combat the problem of ‘bogus refugees’” at the Council meeting of 16 December 2015 – the content of which can be found here. In response to this, Justice Centre submitted a statement detailing our position on the proposed motion. Read our full statement here.
November 2015
Speech to LegCo Panel on Constitutional Affairs on the Third Report cycle for Hong Kong to the Committee on the Elimination of All Forms of Racial Discrimination
On November 16, 2015, Justice Centre spoke to the Legislative Council’s Panel on Constitutional Affairs in advance of their periodic review by the Committee on the Elimination of All Forms of Racial Discrimination. We expressed concern at the Hong Kong Government’s increasingly negative rhetoric concerning protection claimants and the damaging effect that this can have on media reports and, consequently, public perceptions about ethnic minority protection claimants in Hong Kong.
Read Justice Centre’s full speech here.
Speech to LegCo Panel on Security in advance of the Fifth Periodic Report cycle for Hong Kong to the Committee against Torture
On November 3, 2015, Justice Centre spoke to the Legislative Council’s Panel on Security in advance of their periodic review before the Committee against Torture later in November. We provided a progress report of the government’s screening mechanism for protection claims, the Unified Screening Mechanism, and expressed concern at the unusually high rejection rate as well as the lack of transparency.
Read Justice Centre’s full speech here.
July 2015
Informal Briefing to Selected LegCo Members of the Panel on Security
On July 7, 2015, the LegCo Panel on Security held a meeting to discuss the Unified Screening Mechanism for Non-Refoulement claims, the government screening mechanism for protection claims, which has now been in place for over a year. Prior to this meeting we submitted an informal briefing to selected members of the Panel on Security, Dennis Kwok, Dr. Fernando Cheung and Emily Lau, who raised these concerns in their discussions.
Read our full briefing provided to the selected members of the Panel here.
Read the Administration’s paper here.
March 2015
Shadow report submission to Committee against Torture
On March 31, 2015, Justice Centre submitted a shadow report to the Committee against Torture for the 5th Periodic Report cycle for Hong Kong. The report outlines our concerns about Hong Kong’s commitment to fulfilling its obligations under the Convention against Torture. It includes suggested questions for the Committee to pose to the HKSAR Government in its list of issues, such as further information on the Unified Screening Mechanism as well as efforts to combat human trafficking.
Submission to Social Welfare Department on Food Assistance Tender
On March 12, 2015, Justice Centre made a submission to the Social Welfare Department of the Hong Kong Government in response to their Invitation to Tender for “Provision of Assistance for Non-refoulement Claimants”. Backed by the Hungry for Change petition of 1341 signatures and five letters from refugees, our submission called for the SWD to keep in mind three main points in the process of awarding the next food assistance contract, to ensure that it has the dignity of refugees at its heart. The three recommendations were:
3. Ensure all claimants get the same assistance no matter where in Hong Kong they live.
February 2015
Letter to LegCo’s Panel on Security
Following our submission on February 13 2015 to the Security Bureau on their ‘Proposals to Enhance the Unified Screening Mechanism (USM), we submitted a letter to the Panel on Security for their meeting on March 3, 2015, which coincides with the first anniversary of the USM.
To read our letter to the Panel on Security, please click here.
December 2014
Submission to Security Bureau on USM
On December 23, 2014, the Security Bureau sent a letter to the Hong Kong Bar Association and The Law Society of Hong Kong, containing ‘Proposals to Enhance the Unified Screening Mechanism (USM)’. To our disappointment, civil society members, such as Justice Centre, had not been consulted for our perspectives on these proposals. In spite of this, on February 13, 2015, Justice Centre submitted a written submission to the Security Bureau with our views on the proposed measures, based on our extensive experience working with protection claimants in Hong Kong.
To read Justice Centre’s submission to the Security Bureau, click here.
October 2014
Views to the EOC’s Discrimination Law Review
On 31 October 2014, Justice Centre Hong Kong filed a written submission giving our views to the Equal Opportunities Commission (EOC)’s public consultation document as part of its review of Hong Kong’s discrimination laws and work to promote equality for everyone in Hong Kong. The current discrimination law covers sex, marital, disability, race and family status discrimination. Justice Centre’s report highlights the multiple forms of discrimination that refugees face in Hong Kong, not only due to their race, but due to the fact that existing immigration legislation does not distinguish them from “overstayers” for the whole duration of their stay in Hong Kong. Justice Centre noted that the current protected characteristics of race in the existing Race Discrimination Ordinance (RDO) fail to take into account the specific situation of discrimination faced by protection claimants, and recommended that discrimination based on immigration status should not be automatically excluded from the ambit of the protective provisions of the RDO; rather any differential treatment must be justified as being pursuant to a legitimate aim, and proportionate. We look forward to following the EOC’s review as it takes civil society views in consideration. To read Justice Centre’s submission, click here To learn more about the EOC discrimination law review, click here
Advocacy on women’s rights before the UN Committee on the Elimination of Discrimination against Women (CEDAW)
In October 2014, both Justice Centre, as well as women from Voices for Protection, filed two shadow reports to the UN Committee on the Elimination of Discrimination against Women (CEDAW) before the Committee’s examination of HKSAR Government at its 59th session. Earlier, on 21 July 2014, Justice Centre also participated in a Legislative Council session dedicated to examining the Hong Kong Government’s report to CEDAW. At this LegCo Panel on Constitutional Affairs, Justice Centre spoke about their human rights concerns in our oral statement. We also filed a written submission with recommendations on how the Hong Kong Government can improve its efforts to combat human trafficking and forced labour, building on our previous report. For Justice Centre’s report to CEDAW, click here. For the written submission by the group of women from Voices for Protection, click here.
New report on Unified Screening Mechanism: Meeting the Bare Minimum
We have launched a new report that says the Hong Kong Government is doing the ‘bare minimum’ to protect vulnerable refugees and torture claimants entering their new refugee screening mechanism. The report is the first comprehensive analysis of refugees’ and torture claimants’ experiences and opinions of the unified screening mechanism (USM), the new government process for determining protection claims in Hong Kong, started in March 2014. We recorded the concerns expressed amongst 260 refugees who attended 22 Justice Centre information sessions on the USM in over 15 different languages since February 2014. The NGO also conducted an anonymous survey with 53 refugees and torture claimants, asking them about their experiences of trying to enter the USM and about their main concerns living as a refugee in Hong Kong. Of those surveyed, 30 per cent said they had no information about the USM before coming to Justice Centre information sessions; 24 per cent were concerned about being rejected and/or deported and 11 per cent didn’t even know how to file a claim.
April 2014
Oral submission to LegCo Subcommittee on Poverty
On 25 April 2014, our Advocacy Officer, Victoria, made an oral submission at the LegCo Subcommittee on Poverty meeting on measures to support ethnic minorities in relation to employment and integration into the community. Refugees and other people seeking protection are some of the most marginalized of ethnic minority communities in this city, and are living below the poverty line on the government’s welfare assistance package. Representing just a fraction of the total population, they live a life in limbo in Hong Kong, and we believe that at the very least, those who have received refugee status and are awaiting resettlement in a third country should be granted the right to work.
March 2014
How Many More Years A Slave? Trafficking for Forced Labour in Hong Kong
In March 2014 Justice Centre Hong Kong launched its report How Many More Years A Slave? Trafficking for Forced Labour in Hong Kong, a joint publication with Liberty Asia. The report is the first comprehensive analysis of human trafficking for forced labour in the HKSAR territory. It asserts that the Hong Kong Government is not fully complying with the minimum standards for the elimination of trafficking for forced labour and highlights gaps in existing legislation, which it says is failing to safeguard the rights of migrant workers trafficked for forced labour, neglecting to prosecute perpetrators and to prevent future abuses. This report is the first in a series on Modern Slavery in Hong Kong.