SUB-REGIONAL OVERVIEW: EAST ASIA SUB-REGIONAL OVERVIEW: EAST ASIA TABLE 21 Status of Accession of International Human Rights Treaties in East Asia Country Hong Kong SAR ✅ ⛔ Stateless 1 ✅ Stateless 2 ⛔ Refugee ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention relating to the Status of Stateless Persons as well as the ICCPR, ICESCR, ICERD, CRC, and CEDAW with no relevant reservations. The 1954 Convention relating to the Status of Stateless Persons is applicable to Hong Kong as a result of Hong Kong being a British territory when Britain entered into the Convention.970 Considering the potentially large number of stateless children born to refugees and asylum seekers in Hong Kong, it should be noted that as a party to the CRC, Hong Kong has committed to ensuring that every child enjoys the right to acquire a nationality.971 The 1954 Stateless Convention, which Hong Kong is also party to, provides a definition for a stateless person. However, Hong Kong’s legislation does not include any such definition.972 Further, Article 22 of the 1954 Stateless Convention ensures that stateless persons are accorded equal treatment to nationals with respect to elementary education973, which Hong Kong contravenes due to requirements of refugees, asylum seekers, and their children to periodically visit the Immigration Department, interfering with their education.974 Population Reported stateless persons According to UNHCR's statistics, there was only one stateless person reported in Hong Kong as of 2015.975 There have been some journalistic articles which suggest that there are stateless children who are born to refugees in Hong Kong.976 However, no official statistics or reports on this 88 ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness situation are available. UNHCR has noted China as a country which has information regarding stateless people but no reliable data.977 Stateless refugees A newspaper article in 2016 highlighted that there are growing numbers of stateless children born to refugees in Hong Kong.978 Many such refugees lack identification documents, which further contributes to intergenerational statelessness.979 Very few refugees in Hong Kong have been approved for asylum, approving only 52 of 8,000 asylum applications made between 2009 and 2016.980 In 2016, 580 refugee children were said to have been denied the right to abode, leaving them unable to get jobs in or to leave Hong Kong.981 Very few refugees in Hong Kong have been approved for asylum, approving only 52 of 8,000 asylum applications made between 2009 and 2016. Causes of Statelessness Lack of legal safeguards against childhood statelessness Like in China, a child born in the territory to two stateless parents or parents with undetermined nationality who have settled in Hong Kong will be a citizen.982 There are no provisions specifically addressing foundlings in the territory. Prior to the dissolution of China’s one-child policy, the country had over 500,000 (largely female) registered orphans who had been abandoned or whose parents had died.983 In 2021, the figure STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) of abandoned children had reduced to 190,000, where 98% of the abandoned children in state care lived with a disability or illness.984 also “allows immigration officers to carry guns and, in some cases, requires asylum seekers to communicate in a language other than their mother tongue”.992 Citizenship Stripping According to the Nationality Law, there are primarily two circumstances under which a Chinese citizen can lose their citizenship: firstly, when they acquire a foreign citizenship, which results in the automatic loss of their Chinese citizenship due to China's policy of not recognizing dual citizenship; secondly, through an application process that involves satisfying certain preconditions.985 The concept of citizenship stripping is not recognised as a form of punishment under the Criminal Code or any other statutes in Chinese law. At the same time, there are no provisions in China’s legislation which stipulate the renunciation process of previous citizenship in order to apply for Chinese citizenship. Administrative barriers Hong Kong’s legislation does not stipulate the granting of asylum or refugee status.986 However, the government may provide limited protection to refugees in dire situations.987 Refugees may file for a ‘nonrefoulment claim’ which protects them from deportation, but this can lead to detention until the claim is processed.988 With less than 1 percent of claims approved, refugees may appeal the decision, but the lack of transparency of the outcome of such a decision has raised concern among members of the Hong Kong Bar Association.989 The requirement of refugees and asylum seekers to periodically visit the Immigration Department in person has been noted to cause disruptions in school attendance for refugee children.990 Of particular concern among activists is Hong Kong’s 2021 ordinance amendment which denies anyone seeking asylum from entering Hong Kong and shortens the protection timeframes for individuals at risk of deportation.991 The ordinance amendment Under the nationality laws of China, applicable to Hong Kong, children born to stateless parents or parents of uncertain nationality who have settled in China are entitled to an automatic grant of nationality.993 However, the practical application of this law and its interaction with policies and administrative requirements fundamentally limits the applicability of this protection.994 Under the nationality laws of China, applicable to Hong Kong, children born to stateless parents or parents of uncertain nationality who have settled in China are entitled to an automatic grant of nationality. Hong Kong reported a birth registration rate of 90-99% in 2022.995 The Medical Certificate of Birth serves as the legal and medical evidence for a person’s proof of citizenship, record of birth, blood relations, and the registration of residence.996 The issuance of the Medical Certificate of Birth would, however, first require parents to present their valid identity documents (e.g., ID card or passport).997 Stateless parents or parents of uncertain nationality generally do not possess valid identity documents. As such, it would be difficult for these parents to obtain the Medical Certificate of Birth for their children. Given that the Medical Certificate of Birth generally serves as the legal and medical evidence for a person’s proof of citizenship and record of birth, the authority may require such certificate to be submitted in reviewing the application for nationality pursuant to Article 6 of the Nationality Law. Accordingly, lack of such certificate will present substantial difficulties in obtaining Chinese nationality pursuant to Article 6 of the Nationality Law in practice. In addition, the children would not be able to complete birth registration if the Medical Certificate of Birth is absent. REPORT 2024 89