On 26 May 2014, Vision First had a meeting with the Hong Kong Bar Association to discuss concerns relating to refugees that appear to have been overlooked in the deployment of the Unified Screening Mechanism (USM). The Bar Association was informed that some failed torture claimants are detained in Castle Peak Bay Immigration Centre (CIC) without knowledge of, or opportunity to apply for USM protection in violation of the Hong Kong Bill of Rights (Art. 3) and Refugee Convention (Art. 33). Refugees are entitled to launch a USM claim even when detained pending removal or deportation after their torture claims were rejected.
An absence of information and application procedures inside CIC puts protection claimants at a considerable disadvantage when resisting pressure from Immigration officers to ‘voluntarily depart’ Hong Kong. In such a questionable legal black hole and in the absence of legal representation, it is suspected that unlawful administrative detention might adversely impact the rights and freedom of detained refugees, who should be released on recognizance pending determination of their USM claims.
Further, Vision First drew the Bar Association’s attention to other problems including, bail applications for refugees on remand, applications for judicial reviews of failed USM cases, jailing of refugees in prisons instead of CIC, unlawful administrative detention, magistracy bias against recognizance form holders, fair representation by duty lawyers, duty lawyers’ concerns to perform according to DLS expectations and the overall shortage of pro bono legal service.