When the Threat Comes from Home: Recognising Family Violence as Persecution in Asylum Law

Across jurisdictions, there’s growing recognition that family violence can amount to persecution. Yet in Hong Kong, this area of non-refoulement law remains complex, underdeveloped, and too often misunderstood. As a form of persecution, it can trigger international protection obligations under the Unified Screening Mechanism (USM).

For lawyers and decision-makers, the challenge lies in the detail. Family violence doesn’t always fit into narrow legal categories. It may come from intimate partners, in-laws, or other relatives. It often combines physical, sexual, psychological, and economic harm—and crucially, it’s often cumulative, persistent, and shaped by unequal power dynamics. Many applicants delay disclosure or lack evidence, and common misconceptions can lead to flawed credibility assessments.

Still, progress is possible. Hong Kong’s legal framework for domestic violence has evolved, and there is a growing body of international guidance and local case examples showing how such claims can—and should—be substantiated. At ASK, we are committed to helping advance legal practice in this area by supporting practitioners and raising awareness of how intersectional forms of harm impact those seeking protection.

Family violence, in all its forms, must be seen for what it is: a public concern, a systemic issue, and in many cases, a valid ground for international protection. As we look ahead, we invite the legal community in Hong Kong to take part in the conversation—and to ensure that the most vulnerable are not left without recourse simply because the harm they fled took place behind closed doors.