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 December 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 1 216 5 467 1 102 546
Total on Torture/
non-refoulement Claims
33 567 21 092 12 022 546

[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non-refoulement claims on applicable grounds (other than torture) (in which 2 962 cases were lodged by rejected or withdrawn torture claimants), making a total of 6 699 non-refoulement claims pending determination on commencement of the USM.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 December 2018, determinations have been made in 20 787 torture/non-refoulement claims, among which 151 were substantiated. A breakdown by nationality of the substantiated claimants is as follows:

Nationality Number of claimants
Pakistani 22
Yemeni 16
Sri Lankan 15
Egyptian 14
Rwandan 14
Congolese (Democratic Republic of) 12
Cameroonian 10
Burundian 9
Jordanian 8
Afghanistani 6
Bangladeshi 6
Iranian 4
Ethiopian 3
Central African 2
Indian 2
Sudanese 2
Filipino 1
Gambian 1
Guinean 1
Somali 1
Syrian 1
Vietnamese 1
Total 151

As at 31 December 2018, there were 546 outstanding non-refoulement claims and breakdown on the profiling of the claimants is as follows:

Sex Number of claimants
Male 349
Female 197
Total 546
Age Number of claimants
Under 18 67
18 to 30 140
31 to 40 227
Above 40 112
Total 546
Nationality Number of claimants
Bangladeshi 109
Pakistani 73
Filipino 61
Indonesian 61
Indian 58
Vietnamese 34
Sri Lankan 21
Togolese 14
Nigerian 11
Others 104
Total 546
Status in Hong Kong Percentage
Overstayers 54%
Illegal Immigrants 34%
Others
(Including persons refused entry and persons born in Hong Kong with the right of abode in Hong Kong not established)


12%