Immigration Department Hong Kong Special Administrative Region Government Readmission Mechanism Hong Kong’s Perspective

Immigration DepartmentImmigration DepartmentHong Kong Special Administrative Region GovernmentHong Kong Special Administrative Region Government

Readmission MechanismHong Kong’s Perspective

Presented byPresented by

LY CHANLY CHAN

Immigration DepartmentImmigration DepartmentHong Kong Special Administrative Region GovernmentHong Kong Special Administrative Region Government

The Case of Hong Kong Special Administrative Region (HKSAR),

China Establishment of HKSAR

on 1 July 1997

One Country Two Systems

High degree of autonomy under the Basic Law

The Central People’s Government (CPG) of PRC authorizes the HKSAR to conduct relevant external affairs on its own

Article 154 of the Basic Law stipulated that the CPG shall authorize the HKSAR Government to issue:

(a) HKSAR passports to all Chinese citizens who hold permanent identity cards

(b) Travel documents to all other persons lawfully residing in the HKSAR


China

HKSAR government may apply immigration controls on persons from foreign states and regions on entry into, stay in and departure from the SAR

Hong Kong has reached agreements with:- Canada in 1996- Germany in 2000- Switzerland in 2000 and- European Community in 2002


China

To set up a reciprocal mechanism relating to Hong Kong Residents who are either:

(a) No longer permitted to stay, or(b) Subject to removal

in the contracting countries

The agreements are taking either in the form of Memorandum of Understanding (MOU) or Readmission Agreement


China

HKSAR Government

HKSAR Government

Central People’s Government of the PRC

Foreign states

Foreign states

Readmission agreement

Authorize to sign agreement according to Basic Law

Department of Justice

Security Bureau

Consult

Procedure of Signing MOU/Agreements

Office of the Commissioner of

the Ministry of Foreign Affairs

of the PRC (OCMFA)

Seek the views of CPG via OCMFA

Common goal to deter illegal migration

The right of the returnee’s admission to the

domicile

The removal / readmission is in accordance with the

laws of the contracting parties

Common Points of Readmission Agreements

Agreements should be reciprocal and equal

The requesting state / authority is obliged to readmit the returnee once the returnee is confirmed not to be a resident of the receiving state / authority

The receiving state / authority should issue travel document to the returnee once his identity and right for readmission is confirmed

Common Points of Readmission Agreements

Readmission Mechanism

• Designated Coordinator

• Eligibility of Readmission

• Documentation

• Right and Obligations under International Agreements

• Case Study

To act as the first contact point with the requesting party

To act as a coordinator within the HKSAR Government for a consolidated decision

Currently, a Principal Immigration Officer of the Enforcement and Liaison Branch, Immigration Department (ImmD) of the HKSAR Government is the designated coordinator

Appointment of a Designated Coordinator

Special Investigation Section Of

ImmD

Special Investigation Section Of

ImmD

CoordinatorRequesting Party

Requesting Party

Other Relevant Sections of Imm

D

Assessment of the Return’s Eligibility of Readmission

Readmission request

Pass request Assessment report

Establish

Residential Status

IdentityConduct

preliminary checks

Arrange the issuing of travel

document

Coordinate

Right of Admission

The coordinator will ensure that the officers concerned have fully complied with the provisions under the MOU/Readmission Agreements with the contracting parties

Individuals who seek to return voluntarily are not debarred from applying directly to the Chinese Diplomatic and Consular missions (CDCM) overseas for an entry permit for return to the HKSAR without invoking the readmission agreements

Assessment of the Return’s Eligibility of Readmission

Right of Abode Section

-to conduct express assessment on Hong Kong Permanent

resident status (HKPR)

Travel Document and Nationality (Application)

Section- to assist application for a

HKSAR passport if HKPR status is established through the nearest

CDCM

Other Visas and Permit Section- to assess the returnee’s eligibility to be readmitted for residence in HKS

AR- to advise the returnee to approach the nearest CDCM for application of a

HK Entry permit

Airport Section

-to examine the returnee’s identity before landing is granted

- Refuse permission to land of any impersonator and effect removal

accordingly

Documentation Issue

Rights and Obligations under MOU / Agreements

Countries / Union

Year Time limitation Remarks

Canada

1996 Respond and issue a travel document for a confirmed HK resident

within 10 working days

• The Canadian Government will not remove any HK resident without a valid travel document


Countries / Union


Germany

2000 Respond and reply within 1 month

• Will issue a travel document valid for 6 months for the returnee’s admission

• German Government shall readmit the returnee if he is confirmed not to be a HK Permanent Resident

Countries / Union


Switzerland

2000 Respond and reply within 8 working days (with

documentary proof) or 15 working days (without

documentary proof)

• Readmission request may not be filed if the return have resided longer than 1 year in Switzerland with the knowledge of the authority

• HKSAR will readmit any nationals from other countries who have been issued with a permanent resident permit in HK


Countries / Union


European Community

2002 Respond and reply to a readmission request within

1 month

• The Return shall be transferred within 3 months if it was approved

• The readmission application should be submitted within 1 year if the returnee does not or no longer fulfill the condition in force for entry, presence or residence in the requesting country

• For All members of EU except the Kingdom of Denmark


Case Study

• In December 2003, the HKSAR received a readmission request from the Federal Republic of Germany for the return of 2 former HK residents and their 2 overseas born children

• The 2 HK residents had entered Germany illegally in 1991 from Poland and applied for residence there with false identities

• The 2 children were born in Germany with birth registration

• Special Investigation Section of ImmD took over the request and established the identities of the 2 former HK residents

• For their 2 overseas born children, ROA section of ImmD established their Right of Abode in HK

• The German authorities were informed in the same month

• The family of 4 had returned to HK in March 2004

Case Study

Hong Kong SAR GovernmentHong Kong SAR Government

Immigration DepartmentImmigration Department

ConclusionConclusion

Documents

Immigration Department Hong Kong Special Administrative Region Government Readmission Mechanism Hong Kong’s Perspective