Refugees in Hong Kong: Developing the Legal Framework for Socio-Economic Rights Protection

Abstract

Using a socio-economic rights framework, this article evaluates government policy relating to the treatment of refugees in Hong Kong. While there has been much scholarly and judicial consideration of the high standards of procedural fairness that Hong Kong must meet in screening refugee claims, there has been less attention paid to the socio-economic conditions of refugees in the territory as they await a durable solution. Hong Kong’s general policy is to provide limited social welfare to refugees, which they claim is granted on discretionary grounds rather than in fulfilment of legal obligations. This article challenges the view that the Hong Kong authorities have no legal duty to protect the socio-economic rights of refugees and argues that current administrative policies are incompatible with the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. In doing so, this article contributes to the scholarly literature on the socio-economic rights of refugees, strategies for domesticating international human rights treaties, and ongoing debate concerning the legal nature of socio-economic rights.