400 Nepalis in big trouble under new HK refugee law

HONG KONG, Nov 14: Around 400 Nepalis in Hong Kong have found themselves in serious trouble after the administration there enforced tight legislation that empowers it to punish immigrants with UN refugee status if they are found working or doing business. The law came into effect from Saturday. [break]

The law authorizes officials to crack down on immigrants working or doing business in Hong Kong even after getting themselves registered at the United Nations High Commission for Refugees (UNHCR). Officials can sentence the illegal migrants to three years in jail and slap Hong Kong Dollar 50,000 (about Rs 500,000) in penalty.

Illegal immigrants are taking advantage of the UN Convention Against Torture (CAT), of which Hong Kong is a signatory, to stay even though Hong Kong is not signatory to the UN Convention on Refugees.

According to Hong Kong´s Immigration Department, of the 6,000 illegal immigrants taking refuge in Hong Kong, about 400 are Nepalis.

The number of Nepalis seeking refugee status in Hong Kong in 2009 was 153, almost 10 times more than the figure for 2005.

The trend of Nepali workers seeking refugee status in Hong Kong shot up sharply from 2005 after the Hong Kong government imposed a ban on Nepali workers, citing their involvement in illegal activities, including drug trafficking.

Most of the asylum seekers in Hong Kong state that they had to flee the country due to growing threat from Maoists and Madhesi armed groups.

The Hong Kong administration does not deport the asylum seekers if they are already registered at UNHCR. However, it deports migrants that are held upon arrival.

As per UNHCR´s rules, asylum seekers registered at the UN body would be entitled to a monthly allowance of Hong Kong Dollar 1,000 per month besides daily meals provided by local non-government organizations.

"We can no longer stay in Hong Kong as it will be difficult for us to make money following introduction of the new law," said a Nepali who has been running a restaurant for the past couple of years.

The Hong Kong administration amended the existing law with its stern provision after local courts issued verdicts allowing migrants with refugee status to work in Hong Kong. Officials said the government came up with the legal provision amid rising cases of illegal migrants there from South Asia and Africa turning into UN refugees.

The number of illegal immigrants seeking asylum in Hong Kong was 160 in October, up from the average of 135 in previous months.