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Complaint to the Legislative Council Redress System

Apr 1st, 2015 | Advocacy, Food, Housing, Legal, VF updates, programs, events, Welfare | Comment

Asylum seekers and refugees rely entirely on the Hong Kong Government and Social Welfare Department (“SWD”) distribution of government assistance provision through International Social Services (ISS-HK). They are not allowed to work and are sentenced to 15-22 months imprisonment if arrested working. They have no savings, no income, no bank account, nor can they rely on social networks, NGO assistance or help from family and friends. Under these conditions, they are not afforded adequate support to meet their most basic needs. While they struggle to survive, the situation is degrading, humiliating and in breach of their rights as persons granted non-refoulement protection in Hong Kong. Over the years they have repeatedly requested to bring their assistance to an adequate level, but they have been systematically and incomprehensively left in a destitute state. The limited and insufficient assistance they receive makes it impossible for them to survive on a day to day basis, particularly in the face of soaring rents.

Vision First request that the Hong Kong Government, the Security Bureau and SWD fulfill their obligation to provide for asylum seekers and refugees’ basic financial, material needs or otherwise. These needs include, but are not limited to, appropriate quantity and quality of food assistance, payment of full rent and utilities, payment of full rental deposits to landlord, daily necessities like cooking gas, clothing, health care, transport allowance for required trips always payable in full and in advance. We request that ISS-HK sign the Tenancy Agreements as refugees have no savings or income to pay rent balances every month. 

We formally request that a public hearing be held to discuss these matters that concern all persons requesting and having been granted international protection in Hong Kong, who in March 2015 amounted to over 10,000 individuals, increasing by 300 every month. 

Vision First further request that a Task Force be established to investigate why persons requesting and having been granted international protection in Hong Kong have been left destitute despite a system being in place to disburse government funding to prevent this condition from happening. Such policy failures have caused refugees needless and unreasonable physical, mental and psychological suffering. 

Vision First invites refugees to download and complete the form below that will be filed at the Complaints Office of the Legislative Council Secretariat over the coming weeks and months.

 Complaint form for the Legislative Council Redress System

Legco Redress System - VF complaint (1Apr2015)

酷刑聲請年增2.7倍入境處承認機制遭濫用

Apr 1st, 2015 | Immigration, Media | Comment

入境處承認不少人濫用免遣返聲請

Dung Fung - ImmD on rise in asylum claims - 31Mar2015

The hidden and dangerous refugee slums of Hong Kong

Apr 1st, 2015 | Housing, Media, Welfare | Comment

Refugees push drugs in club area

Mar 31st, 2015 | Crime, Immigration | Comment

The Sun - African refugees selling drugs in LKF - 31Mar2015

The treatment of refugees by SWD can lead to criminal acts

Mar 31st, 2015 | Crime, Food, Housing, Immigration, Legal, Welfare | Comment

Written by Christopher McNulty

It needs to be considered that the way in which Hong Kong’s Social Welfare Department (SWD) treats refugees can lead to refugees committing criminal acts. This will be explained by defining and discussing the criminological theories of opportunity and labelling and explaining how current SWD policies might lead refugees to commit criminal acts.

Opportunity theory can be defined as, “offenders having inadequate or inappropriate means or opportunities to achieve certain goals relative to other people in society” (White, 2014, p. 71). Considering refugees in Hong Kong using this theory, it can be argued that crime is generated by this type of treatment. For example, if refugees don’t have adequate means of living and opportunities to better themselves through education and work, there is a chance they will try to better themselves through ‘illegal’ activities such as work performed without authorization. As reported in the South China Morning Post, “asylum seekers awaiting the outcome of their claim with the Office of the United Nations High Commissioner for Refugees (UNHCR), recognised refugees awaiting resettlement to another country and torture claimants are banned from doing paid or unpaid work” (Chan, 2013).

Looking at this through opportunity theory, it can take years for refugees to be screened and possibly resettle in another country and, while waiting, they cannot work to better themselves and earn money for their family. Using this example there is a likelihood that if a refugee family needed money for rent, food, clothes or the children’s school and if the only way to achieve this was stealing or working illegally, they would have no choice but to commit criminal acts to meet what most people would agree are basic daily needs, in this case, unmet by the SWD.

Labelling theory can be described as society labelling an individual, which in turn can cause the individual becoming influenced by the label and acting out that labelled behaviour (Holmes, 2012, p. 250). It can be argued that refugees can be stigmatised due to the current system and laws in place. For example, refugees can be seen by the Hong Kong public as being dependant on the SWD and not searching for jobs, as they are not aware of the current government policies which prohibit them from working. This type of stigmatization can cause refugees to be always seen by the public as individuals who are content being dependant on welfare and not wanting to work. This can lead to refugees believing social change will never occur and becoming influenced by the label and turn to conducting criminal acts such as theft and working illegally.

In conclusion, as shown through the criminological perspectives of opportunity and labelling, the current policies of the HK SWD can cause refugees to commit criminal acts due to them not enjoying adequate support and being labelled by the general public as continuously dependant on welfare and not looking for employment. To create a stronger relationship between refugees and the government, refugee policy needs to change to minimise the potential of criminal acts being committed by refugees trying to meet rent payments, purchase essential foodstuffs and making ends meet. 

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The treatment of refugees by SWD can lead to criminal acts (Chris)

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English Translation

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Mar 30th, 2015 | Crime, Legal | Comment

HCMA000371_2014 - Arfan Ullah

It is the system that is abusing refugees

Mar 30th, 2015 | Crime, Food, Housing, Personal Experiences | Comment

I jumped out of a back room window when the police came to my home to arrest me a second time. I had been detained, questioned and tortured before, but refused to stop campaigning at university against state violence and abuse of human rights. The voice inside me was too strong. I could not keep quiet about injustice and I paid dearly for it. I have been in exile in Hong Kong for 9 years.

Recently in Chung King Mansions a student asked me why refugees exploit the liberal visa regime and abuse the asylum system to work illegally (economic interest) and sometimes to sell drugs (criminal interest). What needs to be understood is how the system forces people into these directions by denying the right to work, failing to provide enough assistance and jailing refugees 15 months for working and 7 months for selling drugs. Isn’t this entrapment?

Refugees in Hong Kong are dehumanized, denied basic human rights, don’t get enough support to survive, no proper accommodation, not enough food … people in this kind of situation must find a way to survive and sometimes the easier way is the illegal one. It is not refugees who are abusing the system, but the system that is abusing refugees. Then the government conveniently brands refugees as deviant, as threats to society, when in fact refugees have no legal direction.

I was talking to a resident who agreed that refugees do not engage in serious crime, generally speaking. It is low level offences that hardly register with the public. True criminals don’t need this process, they have better, more lucrative and sophisticated ways to achieve bigger objectives. The crimes that vulnerable refugees commit are worth a few hundred dollars, or thousand at best. It is money we desperately need to pay rent, buy food, clothes and other necessities.

It is very important for people to understand this. Refugees are forced to commit crime. It is typically not their character. They did not come here to be criminals. For example I need money to pay rent. I moved into a windowless room in Mongkok the size of a single bed. I cannot keep a fridge inside and it cost 2000 HK$. I told my ISS-HK caseworker that he must pay the full amount because I cannot work. He refused saying that 1500$ was the maximum and I had to find the rest myself. Suffering these indignity day in and day inflicts a deep wound on our sense of identity.

When I analyze the problem, I realize that it is political and hard to explain people like the student. She thinks that most refugees are economic migrants as that is what she read. She has been exposed to government propaganda that protects vested interests and does not respect the rights of non-citizens. It is hard for people who didn’t suffer state violations to understand state protection failures.

When you meet somebody in Hong Kong within five minutes they ask, “What is your job?” They are appraising your net-worth, how much money you make. Socrates said that first you have to teach citizens values. Hong Kong should create worthy people, not just release them into a capitalistic battlefield where they fight against each other for a piece of the pie. Citizens should learn about social values and appreciated that every person is valuable, even refugees. That’s how I see it. 

It is the system that is abusing refugees

 

Sai Ying Pun MTR opens one minute from our office (exit B1)

Mar 30th, 2015 | VF updates, programs, events | Comment

SCMP - Sai Ying Pun MTR 2 minutes from VF