Director of Immigration violating Refugee Constitutional Rights inside CIC

Post Date: Mar 24th, 2015 | Categories: Detention, Immigration, Rejection, VF Report | COMMENT

Vision First is alarmed at news from detainees in Castle Peak Bay Immigration Centre, Tuen Mun (CIC). It is reported that the Director of Immigration may have failed to respect the importance placed on the non-derogable and absolute “Right to Life”, as enshrined in the Hong Kong Bill of Rights Ordinance that is binding on all government authorities.

On 23 March 2015, Vision First wrote an open letter to the Director of Immigration, inquiring among other issues about particulars of the training of officers charged with processing “Right to Life” claims. The Court of Final Appeal held that the right to freedom from being arbitrarily deprived of life also applied to persons not having the right to be in Hong Kong, including refugees.

The right not to be arbitrarily deprived of life (i.e. extra-judicially killed) is fundamental and absolute. It is a universal human right that cannot be limited, suspended or restricted for any reason, by any person.

Vision First is disturbed by allegations detailed in an email we received from a Refugee Union member who recently visited a detainee. Extracts from the email are as follows:

  1. CIC Immigration is doing really bad things. Just I come out from there after visiting my friend there;
  2. He says he already sent the BOR 2 claim form to Kowloon Bay but until now no results;
  3. There are many people inside who already applied for (High Court) Judicial Reviews (of Immigration Notices of Decision) 6 to 7 months before but still inside;
  4. In CIC immigration officers denied to accept BOR 2;
  5. People are inside very upset and afraid;
  6. They don’t understand what to do;
  7. They says that if they send letters to anyone those letters are not going out from CIC.

Several refugees confirmed this information. The Director of Immigration may be acting unlawfully in the execution of removal and deportation orders that ought to be stayed when detainees file “Right to Life” claims?

These allegations only deteriorate the already precarious reputation of the Hong Kong Government in the field of human rights, suggesting an ostensible turn towards uncompromising obstinacy that certainly stands at odds with the city’s self-proclaimed liberal and welcoming urban lifestyle.

First BOR2 claim lodged - 13Mar2015 (Free of Charge)


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