Responsiveness+of+the+Hong+Kong+Legal+System

__**Access to housing, social services and the law**__
As in Australia, Public Housing is provided to those not fortunate enough to be able to purchase or rent their own properties. Unlike in New South Wales, Public Housing in Hong Kong is referred to as Public Rental Housing (or PRH). The [|Hong Kong Housing Authority] (or HKHA) is a division of the [|Government of the][|Hong Kong Special Administrative Region]. Presently, one third of Hong Kong's population lives in Public Housing even though many of these people can actually buy their own homes [1]. Persons who desire to live in public housing must; Source: www.housingauthority.gov.hk/en/residential/prh/housingsingletons/0,,,00.html
 * Housing**
 * 1) "Be in genuine need" of public housing shelter.
 * 2) Have the "right of obode" in Hong Kong. This can be achieve by way of applying for a Hong Kong Identitiy Card (Hong Kong ID Card) or Hong Kong Permanent Identity Card. Those who wish to apply for PRD must also have the right to own land.
 * 3) Go through a three step process (Obtain an order form, submit an order form and recieve aknowledgement of registration)
 * 4) Be on an income equal to or lower than the specified values per family size; [[image:Snapshot_2007-09-10_20-49-56.jpg width="374" height="256"]]

4. Choose what area in which they would like to live in (either Urban, Extended Urban, New Territories and the Islands)



Every seven years, residents whom reside in Public Housing are interviewed in order to access their requirement for living in public housing. Those whom are deemed not suitable for Public Housing loose their entitlement to PRH. An example of this would be that a family can afford to rent or buy in the private market without government assisstance.

Whilst Chinese Hong Kong citizens are inately eligable for Public Rental Housing (Government-paid housing), newly arrived foreign national migrants in Hong Kong are allowed to apply for citizenship and PRH by way of apply for a Hong Kong Permanent Identity Card. The only Hong Kong ID card holders that can apply for PRH are those that have the right to obode in the HKSAR and those that were born in the territory.
 * Social Services**

In the case of a foreign national who is a Hong Kong Identity Card holder who has lived in Hong Kong for seven consecutive years "Permanent" residency status can be applied for. During these seven years, a Hong Kong Identity Card holder may travel to other countries to holiday or live temporarily, however a resident may not be allowed to apply for a Hong Kong Permanent Identity Card if he or she is away from Hong Kong for an extended period of time.

__**Non-Government Organisations and Charities**__
Asian Migrant Centre (AMC)

[|Asian Migrant Centre] operates as a monitoring, research, information, publishing, training, support and action center. It's objective is to promote human rights and empower of migrant workers and their families in Asia. It is based in Hong Kong.

"AMC’s primary goal is to promote the human rights and dignity of migrants and their families. It also helps to empower migrant workers and their families in Asia, so that they are able to assert and defend their rights and interests, and become partners in sustainable, just and gender-fair social development. To further this aim, AMC has implemented the following primary programs with the objectives of promoting migrants’ human rights and capability building, promoting migrant savings for alternative investments towards migrants’ economic and social empowerment, and research & publishing to monitor the current situation of migrants throughout Asia." Source: http://www.asian-migrants.org/index.php?option=com_content&task=view&id=24&Itemid=67

__Issues of court access__
Migrants and immigrants may not have a high level of english and therefore not be able to understand how to get access to a court or not understand what they have to do or where they have to go. This will become an issue for the courts because they will have to get interperters and also translations of laws and articles for them. Migrants and immigrants should be able to get direct translation and interperter service when in court. In criminal law this should occur during police investigation and interogation, court procedures and detention. In other areas of law the access to them should always be avaliable.

__Special criminal law processes: deportation, extradition and detention__
People found to be illegal immigrants in Hong Kong are liable to be arrested. They can be held for a period of three years in Hong Kong or deported back to their home countries. This is more likely if an illegal immigrant commits an offence in HK. This is all set out under the HK Immigration Ordnance – sections 38 and 20 respectively.

The full text of the Ordinance can be viewed here…….. http://www.hklii.hk/hk/legis/en/ord/115/s38.html http://www.hklii.hk/hk/legis/en/ord/115/s20.html

The Hong Kong Government has a number of extradition agreements with various countries. They exchange prisoners with the United States, Mainland China and Australia. These agreements are made bilaterally between HK and another individual state.

The extradition agreement between Australia and Hong Kong can be viewed here….. http://www.austlii.edu.au/au/other/dfat/nia/2007/20.html

__**Case studies**__
Quality Migrant Admission Scheme On 28 June 2006, the HKSAR imposed The Quality Migrant Admission Scheme. It is a scheme aims at attracting highly skilled or talented persons who are fresh entrants not having the right to enter and remain in Hong Kong to settle in Hong Kong in order to enhance Hong Kong's economic competitiveness in the global market. Successful applicants are not required to secure an offer of local employment before their entry to Hong Kong for settlement.

Hong Kong and the Legislative Council in 1996 through "the Sex Discrimination Ordinance," "Disability Discrimination Ordinance" and "Family Status Discrimination Ordinance" to regulate gender, disability and family status discrimination, and the establishment of a statutory body "Equal Opportunities Commission" enforcement of the Ordinance. Recently, the Hong Kong government is racial discrimination and sexual orientation discrimination legislation for public comment, "Racial Discrimination Bill", 2006, December 1 Hong Kong Journal Gazette on December 13 to the Hong Kong Legislative Council for First Reading.

Non-Government Organisations and Charities