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Hong Kong officials criticise anti-Chinese protest
by Staff Writers
Hong Kong (AFP) Feb 18, 2014


HK court rejects refugees' bid for right to work
Hong Kong (AFP) Feb 18, 2014 - Hong Kong's top court Tuesday dismissed an appeal by refugees petitioning for the right to work in a decision activists warn will tarnish the city's human rights record.

The Court of Final Appeal unanimously rejected an appeal lodged by four refugees and torture claimants over their right to work, saying that there are no "constitutional rights" in local laws to grant them employment status.

The ruling upheld an earlier decision by a lower court in 2012. There is currently a ban on asylum seekers, torture claimants and refugees taking employment, unless they are granted a "discretionary permit" by immigration.

"Regrettably the court sweeps away fundamental rights and legal logic in the name of the vague concept of immigration control," a lawyer representing the protection claimants, Mark Daly, told AFP.

"It is reminiscent of the domestic helper case where the court again fails to take the opportunity to safeguard human dignity and protect the most vulnerable amongst us," he said, referring to an earlier court ruling which refused domestic workers the right of abode.

Charities warned the Court of Final Appeal's decision would damage Hong Kong's image.

"This judgement is extremely disappointing and is a setback to Hong Kong's reputation as a place where human rights are respected," Aleta Miller, executive director of Hong Kong Refugee Advice Centre, said in a statement.

Those who flee threats of torture and persecution in their homeland, may eye Hong Kong as a destination for its rule of law and prosperity, but for many who arrive living conditions are dire, rights groups have said.

"You have people staying here for five to 10 years with no legal status and no income whatsoever. They eat rotting food and are housed in places not fit for human inhabitation," Victoria Otero, an activist with the centre, told AFP.

She added that some may be pushed into working illegally or a life of crime.

Asylum seekers can wait for years in Hong Kong's much-criticised "dual track" system.

The issue of handling of refugees is a complicated one for the territory, where there are two main paths for application. One is overseen by the United Nations High Commissioner for Refugees (UNHCR), the other by the government.

The UN's 1951 Refugee Convention, of which mainland China is a signatory, has not been extended to Hong Kong, which says it therefore has no legal obligation to grant asylum to refugee cases. It refers these to the UNHCR, which then sends those cases elsewhere.

Those who are granted refugee status, are not allowed to work. Therefore, they have to rely on a government-backed allowance handed to them through local social workers.

The city's government has boosted the monthly rent allowance from HK$1,200 ($155) to HK$1,500, but activists groups said it is far from enough in a city known for its high rents and cost of living.

Hong Kong officials blasted a rowdy anti-China protest that brought chaos in a key shopping district over the weekend, and saw demonstrators shouting abuse at mainland tourists, branding them "locusts".

A jeering crowd of around 100 activists rallied against Chinese visitors shopping in a bustling street in the Tsim Sha Tsui district on Sunday.

Chief Executive Leung Chun-ying condemned the protest on Canton Road, which forced some shops to close temporarily.

"Action targeting tourists and bringing disruption to them, no matter whether they are from the mainland or overseas, should be condemned," he told reporters Tuesday morning.

"The government will go after those who could have violated the law," he said.

There is growing anti-China sentiment in Hong Kong, as locals are frustrated by the increasing influx of visitors and a sense of mistrust towards the Beijing government, which many feel is meddling in Hong Kong affairs.

The Hong Kong Tourist Board said Tuesday, it expects 59 million visitors this year -- of these it is estimated 45 million will be from the mainland.

Canton Road is a favourite with tourists from China, who can often be seen lining up to enter the luxury boutiques that dominate the street.

During the protest, television footage showed some demonstrators holding placards calling for the "eviction of locusts", while others targeted tourists in shops.

"Go back to mainland China," one protester is seen shouting in front of tourists, as the travellers looked mystified.

Minor scuffles broke out when a group of pro- Beijing activists, waving Chinese flags, attempted to rein in the anti-China protesters.

The city's security minister Lai Tung-kwok said Monday: "Tourists were not only disturbed and frightened. They also felt insulted," he said.

The South China Morning Post reported Tuesday that one of the organisers of protest had apologised for inconveniencing shops and tourists.

It is not the first time anti-China sentiment has flared in Hong Kong, in 2012 a group of resident took out a full page advert depicting mainland tourists as a giant locust over the city's skyline.

There were protest the same year at a Dolce & Gabbana store, after an online rumour spread about preferential treatment of tourists.

A video of a shouting match between Chinese tourists and locals on a train went viral online.

The row was prompted when a young girl from the mainland ate some dried noodles on an MTR train, where consuming food or drinks is forbidden.

Michael Tien, a Hong Kong lawmaker, told AFP he feared recent events could intensify discord between Hong Kong people and mainlanders.

"You cannot blame Hong Kong people. Hong Kong is a small place and a lot of people," he said, adding that he will seek to ask the mainland authorities to slow tourist growth.

Mainland authorities loosened its outbound tourist rule in 2003 to allow tourists from certain parts of the nation to travel as "individual tourists" to Hong Kong, rather than in group tours.

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