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
The Case of Hong Kong Special Administrative Region (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
The Case of Hong Kong Special Administrative Region (HKSAR),
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
The Case of Hong Kong Special Administrative Region (HKSAR),
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
Rights and Obligations under MOU / Agreements
Countries / Union
Year Time limitation Remarks
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
Year Time limitation Remarks
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
Rights and Obligations under MOU / Agreements
Countries / Union
Year Time limitation Remarks
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
Rights and Obligations under MOU / Agreements
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