Refugees are people who cannot return to their home country due to established apprehension of different circumstances that require international protection, such as persecution and violence, whilst asylum-seekers refer to those whose refugee status are in the process of being evaluated.

Hong Kong does not grant asylum as it is not a signatory to the United Nations’ 1951 Convention Relating to the Status of Refugees, but the government is obliged to consider and screen claims for non-refoulement protection against expulsion, return or extradition from Hong Kong to another country on the basis that removing them to another country would expose them to a risk of: torture as defined under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); torture or cruel, inhuman or degrading treatment or punishment under Article 3 of section 8 of the Hong Kong Bill of Rights (Cap 383); and/or persecution with reference to the principle of non-refoulement under Article 33 of the Refugee Convention even though Hong Kong is not a signatory to it.

The system is known as the Unified Screening Mechanism (USM) which has been operated by the Government (administered by the Department of Immigration) instead of the United Nations High Commissioner for Refugees (UNHCR) in Hong Kong since March 2014.  The screening process can, however, be time-consuming, and asylum-seekers cannot work or claim other types of benefits while they are waiting for the decision on their applications; they rely on social welfare stipends of a housing allowance of HK$1,500, supermarket coupons and donations from charities.  Even if they succeed in their claim and do not have to be returned to their countries of origin, they will not be given any form of lawful residence and can only apply for a six-month work permit in Hong Kong.