Enforcement

Statistics on Enforcement
 20162017
Forged travel documents detected 461 515
Mainland illegal immigrants apprehended and repatriated 516 697
Illegal workers prosecuted ^1 716 #1 594
Employers of illegal workers prosecuted 240 275
No. of prosecution instituted 5 564 5761

^ including 1 103 prosecuted for illegal employment and 613 prosecuted for involving in sex work

# including 1 165 prosecuted for illegal employment and 429 prosecuted for involving in sex work

Statistics on Non-refoulement Claim

Torture/Non-refoulement Claim Cases
(as at End of June 2018)

YearMadeDeterminedWithdrawn or Taken No Further ActionOutstanding (Cumulative)

before 2005 53 0 4 49
2005 211 1 30 229
2006 528 43 54 660
2007 1 584 82 51 2 111
2008[1] 2 198 179 132 3 998
2009[2] 3 286 0 1 037 6 340[3]
2010 1 809 214 1 186 6 749
2011 1 432 932 802 6 447
2012 1 174 1 575 1 154 4 892
2013 491 1 813 778 2 792
2014 8 851[4] 1 047 978 9 618
2015 5 053 2 339 1 410 10 922
2016 3 838 3 218 1 561 9 981
2017 1 843 4 182 1 743 5 899
2018 (Jan-Jun) 624 2 658 868 2 997
Total on Torture/
non-refoulement Claims
32 975 18 283 11 788 2 997

[1] The Court of First Instance of the High Court (CFI) held in December 2008 that the Administration should provide legal assistance to a torture claimant during the screening process and provide suitable training for the decision makers. The Immigration Department (ImmD) then suspended all screening works.

[2] The Legislative Council passed the Immigration (Amendment) Ordinance 2009 in November 2009, making it an offence for illegal immigrants to take any employment or establish or join in any business. The ImmD implemented the enhanced administrative mechanism in December 2009.

[3] This includes 93 reviewed cases.

[4] On commencement of the Unified Screening Mechanism (USM) on 3 March 2014, there were 2 501 outstanding torture claims. Separately, 4 198 persons have lodged non-refoulement claims on applicable grounds (other than torture) (in which 2 962 cases were lodged by rejected or withdrawn torture claimants), making a total of 6 699 non-refoulement claims pending determination on commencement of the USM.


Between the commencement of the enhanced administrative mechanism (late 2009) and June 2018, determinations have been made in 17 978 torture/non-refoulement claims, among which 135 were substantiated. A breakdown by nationality of the substantiated claimants is as follows:

Nationality Number of claimants
Pakistani 22
Sri Lankan 15
Rwandan 14
Yemeni 12
Congolese (Democratic Republic of) 10
Burundian 9
Cameroonian 9
Egyptian 9
Jordanian 8
Afghanistani 5
Bangladeshi 4
Iranian 4
Ethiopian 3
Central African 2
Indian 2
Sudanese 2
Filipino 1
Guinean 1
Somali 1
Syrian 1
Vietnamese 1
Total 135

As at 30 June 2018, there were 2 997 outstanding non-refoulement claims and breakdown on the profiling of the claimants is as follows:

Sex Number of claimants
Male 2 334
Female 663
Total 2 997
Age Number of claimants
Under 18 85
18 to 30 909
31 to 40 1 327
Above 40 676
Total 2 997
Nationality Number of claimants
Pakistani 655
Bangladeshi 585
Indian 560
Indonesian 225
Filipino 192
Nepalese 104
Vietnamese 103
Sri Lankan 100
Nigerian 78
Others 395
Total 2 997
Status in Hong Kong Percentage
Overstayers 52%
Illegal Immigrants 44%
Others
(Including persons refused entry and persons born in Hong Kong with the right of abode in Hong Kong not established)


4%