HONG KONG 2004 - Population and Immigration

The HKSAR maintains a liberal visa policy for visitors. People from more than 170 countries and territories may come to the HKSAR visa-free for visits ranging from seven to 180 days. With the recovery from the Severe Acute Respiratory Syndrome (SARS) setback in 2003, passenger traffic increased significantly in 2004 with 181.5 million people moving in and out of the HKSAR, representing an increase of 18.6 per cent when compared with 153 million in 2003. A total of 135.9 million land passengers and 14.06 million vehicular movements were recorded in 2004, representing an increase of 17.7 per cent and 7.1 per cent over the figures of 2003 — 115.5 million and 13.13 million, respectively.

The number of visitors travelling to the HKSAR increased from 15.54 million in 2003 to 21.81 million in 2004, up 40.3 per cent. These included 12.25 million from the Mainland and 2.07 million from Taiwan.

The Mainland is the major source of the HKSAR's immigrant population. During the year, about 38 100 Mainland residents came to settle and join their families in the HKSAR under the One-way Permit Scheme, which has a daily quota of 150.

Article 24 of the Basic Law provides that permanent residents of the HKSAR shall have the right of abode in the HKSAR and be qualified to obtain, in accordance with the law of the Region, permanent identity cards which state their right of abode.

Under Article 24(2)(3) of the Basic Law, persons of Chinese nationality born outside Hong Kong of Hong Kong permanent residents shall be permanent residents of the HKSAR and enjoy the right of abode. The Immigration Ordinance stipulates that in order for a person to qualify for the right of abode under Article 24(2)(3) of the Basic Law, at least one parent must be a Chinese citizen who has the right of abode at the time of birth. The Government introduced the Certificate of Entitlement Scheme on July 10, 1997, under which a person's status as a permanent resident of the HKSAR under Article 24(2)(3) of the Basic Law can be established only by holding a valid travel document (i.e. a One-way Permit) with a valid certificate of entitlement affixed to it. This arrangement enables systematic verification of right of abode claims and ensures orderly entry. Between July 1, 1997 and the end of 2004, some 156 600 certificate of entitlement holders entered Hong Kong.

Hong Kong maintains an open and liberal policy towards entry for employment. Foreigners who possess special skills, knowledge or experience of value to and not readily available in Hong Kong, or who are in a position to make substantial contributions to its economy are welcome to come and work. In the light of social and economic developments in Hong Kong and elsewhere, the coverage of the policy was expanded in July 2003 to allow nationals/residents of more countries/territories to take up employment in Hong Kong. These people, after having ordinarily resided in Hong Kong for a continuous period of not less than seven years and having taken Hong Kong as their place of permanent residence, may apply to become Hong Kong permanent residents in accordance with the law. During the year, 19 155 professionals and persons with technical, administrative or managerial skills from more than 100 countries/territories were admitted for employment.

The Admission Scheme for Mainland Talents and Professionals was implemented on July 15, 2003, replacing the Admission of Talents Scheme and the Admission of Mainland Professionals Scheme. The conditions for admitting Mainland residents and foreigners for employment have been basically aligned upon the commencement of the new scheme. The objective of the scheme is to attract Mainland talents and professionals to work in Hong Kong to meet local manpower needs, facilitate local economic and other development, and to enhance Hong Kong's competitiveness in the globalised market.

There is no sectoral restriction or quota under the scheme. The applicant must possess professional skills or knowledge not readily available or in shortage locally. Apart from professionals in the commercial and financial fields, talented persons and professionals in the arts, culture and sports sectors as well as those in the culinary profession may also apply. The admission of these persons will enhance Hong Kong's status as Asia's world city.

Spouses and unmarried dependent children of persons admitted under the scheme are eligible to apply for entry into Hong Kong as dependants. Persons admitted under the scheme and their dependants may apply for the right of abode after having ordinarily resided in Hong Kong for a continuous period of not less than seven years in accordance with the law. Since the inception of the scheme, a total of 5 095 entry applications have been approved.

Admission of Mainland Student Graduated from University Grants Committee (UGC)-Funded Institutions in Hong Kong

With effect from August 1, 2001, Mainland students who have graduated from UGC-funded institutions since 1990 have been allowed to enter Hong Kong for employment. They should also possess skills or knowledge of value to, but not readily available in Hong Kong. The objective of this arrangement is to attract outstanding Mainland students who have completed full-time studies at the level of a bachelor degree or above to re-enter Hong Kong for employment after graduation, to increase Hong Kong's competitiveness in the knowledge-based global economy. During the year, 157 Mainland students received approval to enter through this channel.

Under existing policy, spouses, unmarried dependent children under the age of 18 and dependent parents aged 60 or above of Hong Kong permanent residents may apply to enter Hong Kong as dependants. In the case of capital investment entrants, persons admitted into Hong Kong to take up employment and those admitted to take up study in full-time undergraduate or post-graduate programmes in local degree-awarding institutions, they may sponsor their spouses and unmarried dependent children under the age of 18 to apply to enter Hong Kong as dependants. Dependants of persons granted entry into Hong Kong to take up employment or study or as capital investment entrants are required to apply for permission from the Director of Immigration before they can take up employment in Hong Kong. Such applications would be considered on the basis of criteria similar to those under the policy governing the entry of foreigners for employment.

The 'Capital Investment Entrant Scheme' was launched in October 2003. The objective of the scheme is to facilitate the entry for residence by capital investment entrants, i.e. persons who make capital investment in Hong Kong but would not, in the context of the scheme, be engaged in the running of any business here. The new capital brought in by the entrants is beneficial to the economic development of Hong Kong. The scheme is generally applicable to foreign nationals, Macao Special Administrative Region (SAR) residents, Chinese nationals who have obtained permanent resident status in a foreign country, stateless persons who have obtained permanent resident status in a foreign country with proven re-entry facilities and residents of Taiwan. Successful applicants are required to invest in Hong Kong not less than $6.5 million in real estate or permissible financial assets, i.e. equities, debt securities, certificates of deposits, subordinated debt and other eligible Collective Investment Schemes. As at the end of 2004, a total of 615 applications have been received, of which 291 formal approvals have been granted. Another 120 applicants, having been granted approval-in-principle, would be granted formal approval subject to their investments in the prescribed manner under the scheme. The 291 entrants with formal approval have invested a total of $2,159 million.

The HKSAR is vigilant in guarding against the entry of illegal immigrants. The daily average arrest figure region-wide of Mainland illegal immigrants for 2004 was eight, a 20 per cent drop compared with 10 in 2003. The number of Vietnamese illegal immigrants arrested in 2004 was 164.

The Government maintains close liaison with the Mainland and overseas governments on matters relating to population movements and irregular migration. During the year, representatives from the HKSAR law enforcement agencies participated in the 'Ad Hoc Expert's Working Group II - Identity Management Workshop' held in Bangkok, Thailand in March, the 'Bali Process on Combating People Smuggling, Trafficking in Persons and Related Transnational Crime Senior Officials' Meeting' held in Brisbane, Australia in June, 'The 10th Pacific Rim Immigration Intelligence Conference' held in Canada in October, 'The 9th Plenary Meeting, Inter-governmental Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants' held in Nadi, Fiji and 'The 18th Seminar on Immigration Control' held in Tokyo, Japan in November.

The estimated number of emigrants was 9 800 in 2004.

The issue of the HKSAR passport is strictly controlled by the Immigration Department. Under the HKSAR Passports Ordinance, only Chinese citizens who are Hong Kong permanent residents holding Hong Kong permanent identity cards are eligible for the HKSAR passport. The passport contains advanced anti-forgery design features.

Applications can be made either by post or in person. Those from overseas can be sent to the Immigration Department through the nearest Chinese diplomatic or consular missions. All HKSAR passports are prepared centrally by the Immigration Department in Hong Kong, for collection either locally or at the relevant Chinese diplomatic or consular missions overseas. During the year, the number of HKSAR passport applications received reached a yearly record high of 633 688, including 5 303 from overseas.

The HKSAR Passports Appeal Board handles appeals against refusal of applications for HKSAR passports. It received 16 appeals in 2004.

In line with international efforts to enhance the security standards of travel documents, biometric HKSAR passports will be introduced in early 2007 having regard to the specifications recommended by the International Civil Aviation Organisation.

During the year, the Immigration Department continued its efforts in visa-free lobbying for HKSAR passport holders. Countries having agreed to grant visa-free access to HKSAR passport holders included Argentine Republic, Turks and Caicos Islands, British Virgin Islands, Japan, Mexico and Uruguay. Kuwait has also agreed to grant visas upon arrival at the country.

By year-end, a total of 133 countries/territories have agreed to grant visa-free access to HKSAR passport holders.

In January, the Director of Immigration signed an immigration cooperation protocol with the Director of the Border Authorities of the General Directorate of the National Police of the Ministry of Interior of the French Republic. The protocol enables the two services to raise the level of cooperation through closer bilateral contacts, experience sharing and intelligence exchanges, and opens the door for greater Hong Kong-France cooperation on immigration fronts.

In September, the Director of Immigration led a delegation to visit Belgium, Ireland and the Netherlands. The visit has strengthened the links and cooperation between the Immigration Department and its counterparts in these countries in immigration matters, especially against the global problem of human smuggling. During the visit to Belgium, the delegation attended the first meeting of the Joint European Commission-Hong Kong Readmission Committee in Brussels to discuss details on the implementation of the Agreement between the Government of the Hong Kong Special Administrative Region and the European Community on the readmission of persons residing without authorisation.

The Immigration Department will continue to lobby more countries for maximum travel convenience for HKSAR passport holders.

Other travel documents issued by the Immigration Department include Documents of Identity for Visa Purposes (DIs) and Re-entry Permits (REPs). DIs are issued for international travel and are valid for seven years. They are issued to Hong Kong residents who are not eligible for the HKSAR passport but are nevertheless unable to obtain a national passport or travel document of another country. With a view to automating the preparation process and enhancing the international acceptance of the DI, a new Machine-readable DI with enhanced security features was launched on September 1, 2003. REPs are issued to Hong Kong residents for travelling to the Mainland and the Macao SAR. During the year, 32 672 DIs and 101 551 REPs were issued.

The Immigration Department also issues identity cards to Hong Kong residents. There are two types of identity cards: the Hong Kong Permanent Identity Card issued to persons who have the right of abode in Hong Kong, and the Hong Kong Identity Card issued to residents who do not have that right.

Except those who are required to obtain Certificates of Entitlement, other persons who claim permanent resident status in the HKSAR must apply for verification of their eligibility for a permanent identity card. In 2004, 80 079 applications were received. Of these, 68 706 were approved.