The Hardial Singh Principles state that a person can’t continue to be detained, if the screening of non-refoulment claims and removal procedures cannot be completed within a reasonable period.
To justify a longer detention, officials have proposed considering three additional factors to increase the policy’s legal footing: whether there are a large number of claims; whether any procedure is hindered directly or indirectly by the claimant; and whether there are situations beyond the control of the Immigration Department.
The Bar Association has said these are not grounds that the court would give much weight to when deciding whether the detention is lawful, and fears it could be applied in arbitrary and unjustified circumstances.
But in a Legco bills committee meeting on Wednesday, Deputy Security Secretary Hinny Lam said the additional factors are consistent with the Hardial Singh Principles.
“Due to the pandemic, international travel came to a halt. Over the past year, we couldn’t arrange removal because there were limited flights. That’s something the immigration director can’t control,” she said.
The Undersecretary for Security Sonny Au added authorities also need time to discuss with overseas governments on issues such as travel documents.
Pro-Beijing legislator Junius Ho backed the changes, saying there’s no presumption of freedom of movement for asylum seekers.
“We are not overruling the Hardial Singh Principles. Legco is here to rectify or correct any past mistakes. The court decision was based on the rationality and reasonable test in the context of the old law,” he said.
According to the Security Bureau, about 200 asylum seekers are being detained, either waiting to be deported or whose claims or appeals are being processed.
The bills committee has now concluded its work, and the proposed changes are set to take effect in August.
