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

Ramsden, Michael; Marsh, Luke

doi:10.1093/hrlr/ngu013

Cited by 15 publications

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“…This research study is vital since by now because existing studies fail to review refugee policies in Hong Kong comprehensively. It is observed that most of the existing refugee studies in Hong Kong are concentrated on the legal perspective (Jones, 2009; Lau, 2017; Loper, 2010; Ramsden, 2013; Ramsden and Marsh, 2013, 2014), the lived experiences of refugees (Lau and Gheorghiu, 2018; Mathews et al , 2014; Shum, 2019; Vecchio, 2016), the roles of non-governmental organizations (NGOs) and refugee community organizations (Lau, 2019; Vecchlo and Beatson, 2014) and the health caring perspective (Wong et al , 2016). Although there is a small body of studies examine the relationship between the formation of refugee policies and media frames (Ng et al , 2019) and the effectiveness of related policies (Ng, 2019), the present study evaluates the securitization process of refugees in terms of a longer time frame.…”

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confidence: 99%

The securitization of refugees in Hong Kong: government, members of the legislative council and Chinese newspapers (2005 to June 2019)

Choy

2020

STICS

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Purpose This paper explores how the Government of the Hong Kong Special Administrative Region (HKSARG) securitizes internal security, cultural identity and welfare system through refugee policy instruments. It also aims to explore the roles of members of the Legislative Council (Legco) and Chinese newspapers in the securitization process. Design/methodology/approach The author analyzed 6 landmark verdicts, 342 related documents of the Legco, 2,386 news coverages and 408 editorials/ column articles from 6 selected Chinese newspapers from 2005 to mid-2019. While documents of the Legco were collected from the Legco archives, news reports, editorials and column articles were gathered on Wisenews with the keywords, namely, refugees, asylum seekers, torture claims and non-refoulement claims. Findings The author argues that the advanced comprehensive security approach helps to comprehend the securitization process in Hong Kong. The HKSARG, Legco members of the pro-government camp and pro-government Chinese newspapers perform as securitizing actors who regard refugees as an existential threat to the referent objects, i.e. internal security, cultural identity and welfare system. Research limitations/implications There are two significant limitations, namely, the coverage of newspapers and the absence of poll data. This paper merely selected six Chinese newspapers, which do not cover English newspapers and some other Chinese newspapers in Hong Kong. It may neglect some important data. Additionally, owing to the absence of longitudinal poll data, the author chose not to examine the related materials. Originality/value This paper intends to be the first study to provide a longitudinal examination of the transformations of current refugee policies in Hong Kong.

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Section: Introductionmentioning

confidence: 99%

The securitization of refugees in Hong Kong: government, members of the legislative council and Chinese newspapers (2005 to June 2019)

Choy

2020

STICS

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“…145See Ramsden & Marsh (2014b), p. 271; see also Ramsden & Marsh, supra note 102, p. 591: if a court considers that the Social Welfare Department has failed to strike the correct balance between human rights and public interest, taking into account competing administrative alternatives, the impugned decision can be invalidated.…”

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The Strategic Use of Human Rights Treaties in Hong Kong’s Cage-Home Crisis: No Way Out?

Marsh

2016

AsianJLS

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Using a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). It will further look at strategies for domesticating these international human rights treaties. In doing so, this article will contribute to the ongoing debate concerning the legal nature of socioeconomic rights.

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A comprehensive review of refugee and asylum studies in contemporary Hong Kong: Law, policies, and lived experiences

Choy

Shi

2021

Asian Journal of Social Science

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

Cited by 15 publications

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The securitization of refugees in Hong Kong: government, members of the legislative council and Chinese newspapers (2005 to June 2019)

The securitization of refugees in Hong Kong: government, members of the legislative council and Chinese newspapers (2005 to June 2019)

The Strategic Use of Human Rights Treaties in Hong Kong’s Cage-Home Crisis: No Way Out?

A comprehensive review of refugee and asylum studies in contemporary Hong Kong: Law, policies, and lived experiences

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