Enforcement

Statistics on Enforcement
 20172018
Forged travel documents detected 515 449
Mainland illegal immigrants apprehended and repatriated 697 609
Illegal workers prosecuted
(excluding sex workers)
1 165 1 341
Employers of illegal workers prosecuted 275 283
No. of prosecution instituted 5 761 6 059
Statistics on Non-refoulement Claim

Torture/Non-refoulement Claim Cases
(as at End of March 2019)

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 1 216 5 467 1 102 546
2019 (Jan-Mar) 281 498 54 275
Total on Torture/
non-refoulement Claims
33 848 21 590 12 076 275

[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non-refoulement claims on applicable grounds (other than torture) (in which 2 962 cases were lodged by rejected or withdrawn torture claimants), making a total of 6 699 non-refoulement claims pending determination on commencement of the USM.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 March 2019, determinations have been made in 21 285 torture/non-refoulement claims, among which 160 were substantiated. A breakdown by nationality of the substantiated claimants is as follows:

Nationality Number of claimants
Pakistani 22
Rwandan 18
Yemeni 16
Egyptian 15
Sri Lankan 15
Congolese (Democratic Republic of) 13
Cameroonian 10
Burundian 9
Jordanian 8
Bangladeshi 7
Afghanistani 6
Iranian 4
Ethiopian 3
Somali 3
Central African 2
Indian 2
Sudanese 2
Filipino 1
Gambian 1
Guinean 1
Syrian 1
Vietnamese 1
Total 160

As at 31 March 2019, there were 275 outstanding non-refoulement claims and breakdown on the profiling of the claimants is as follows:

Sex Number of claimants
Male 168
Female 107
Total 275
Age Number of claimants
Under 18 63
18 to 30 61
31 to 40 110
Above 40 41
Total 275
Nationality Number of claimants
Indonesian 46
Bangladeshi 37
Filipino 30
Vietnamese 25
Indian 22
Pakistani 22
Togolese 8
Nepalese 7
Tanzanian 7
Others 71
Total 275
Status in Hong Kong Percentage
Overstayers 51%
Illegal Immigrants 26%
Others
(Including persons refused entry and persons born in Hong Kong with the right of abode in Hong Kong not established)


23%