Do you have to leave home to get education or to find a job or to start a new life? Many should be pleased that they do not; but others who were born in the least developing world or in areas of conflict are not that lucky. Especially when one cannot find work at home to support oneself and the family, one would follow the human instinct to migrate, despite the unknown risks.
Asylum as an ancient and broader institution predates the United Nations Convention Relating to the Status of Refugees 1951 and its 1967 Protocol, and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT). Asylum-seekers are: (1) refugee claimants whose statuses have not been evaluated or determined, (2) torture claimants whose claims involving actual bodily injury or intense physical or mental suffering and a genuine risk of being subjected to torture, cruel, inhuman or degrading treatment or punishment have not been substantiated, or (3) illegal migrants whose refugee or/and torture claims have not been rejected.
Irrespective of arbitrary human labels, many who managed to arrive at foreign borders or overstayed their visas are detained by the authorities there. While Hong Kong, China, applies 15 United Nations human rights treaties including UNCAT, it is not internationally legally bound to grant asylums or to resettle refugees. Even so, the domestic law and administrative arrangements are such that no one would be expelled, returned or extradited to another country: (1) where there are substantive grounds for believing that he would be in danger of being subjected to torture; or (2) if there are substantial grounds for believing that there is genuine and personal risk that an absolute and non-derogable human right would be violated, or (3) if the claimant has a well-founded fear of being prosecuted and his or her life or freedom would be threatened on account of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Since March 3, 2014, Hong Kong, China, has introduced a Unified Screening Mechanism to process the claims of asylum seekers. Having examined the international principles, domestic rules, procedural processes and the roles of actors of the Mechanism, I believe asylum seekers would be fairly evaluated with their due statuses determined. The practice of Hong Kong, China, evidences fair play in international human rights justice!