Immigration Department (Hong Kong) Explained

Agency Name:Immigration Department
Nativename:Chinese: 入境事務處
Seal:HK Immigration Logo.svg
Formed:[1]
Jurisdiction:Hong Kong
Headquarters:Immigration Headquarters,61 Po Yap Road, Tseung Kwan O, New Territories, Hong Kong
Employees:6,569
Minister1 Name:Chris Tang
Minister1 Pfo:Secretary for Security
Chief1 Name:Benson Kwok
Chief1 Position:Director
Order:ts
T:入境事務處
S:入境事务处
J:Jap6 ging2 si6 mou6 cyu3
Y:Yahp gíng sih mouh chyu
P:Rùjìng Shìwù Chù
Also Known As:Pre-handover Name
T2:人民入境事務處
S2:人民入境事务处
J2:Jan4 man4 jap6 ging2 si6 mou6 cyu3
Y2:Yàhn màhn yahp gíng sih mouh chyu
P2:Rénmín Rùjìng Shìwù Chù

The Immigration Department of the Government of Hong Kong is responsible for immigration control of Hong Kong. After the People's Republic of China assumed sovereignty of the territory in July 1997, Hong Kong's immigration system remained largely unchanged from its British predecessor model. Residents from mainland China do not have the right of abode in Hong Kong, nor can they enter the territory freely, both before and after 1997. There are different regulations that apply to residents of Macau, another Special Administrative Region of China. In addition, visa-free entry acceptance regulations into Hong Kong for passport holders of some 170 countries remain unchanged before and after 1997.

In a special arrangement, although Hong Kong's residents of Chinese descent are defined as citizens of the People's Republic of China, as stipulated by the Basic Law, Hong Kong's Immigration Department is responsible for issuing Hong Kong SAR passports for Hong Kong residents who are also PRC citizens seeking international travel.

History

Prior to the 1950s, immigration to Hong Kong was not controlled by the government of Hong Kong and migrants freely entered Hong Kong. By the end of World War II, the influx of migrants from China to Hong Kong to flee Communist rule resulted in immigration control.

From 1949 to 1961, registration of persons with identification was required under the Registration of Persons Ordinance 1949 and established a Commissioner of Registration.

Until the establishment of Immigration Department on 4 August 1961, immigration control in Hong Kong was handled by the Hong Kong Police Force.[2] The Immigration Service Ordinance 1961 created the new department in charge of immigration control. Later in 1977, the department enlarged its functions to cover registration of persons by amalgamating with the Registration of Persons Office and Director of Immigration also assumed as Commissioner of Registration.[3] In 1979, the department took over from the Registrar General civil registration duties and the Director of Immigration was appointed as Registrar of Births and Deaths, and Registrar of Marriages.

In 1975 - 1980s, Hong Kong government received up to 200,000 Vietnamese refugees with impacts on the economy, security, society, and searched for solutions.[4] In the early 1987, one of the accommodated refugee boats received the assistance of the Immigration Department to depart to continue sailing. It arrived in Kinmen to apply for the asylum, but was rejected by the ROC military, then was slaughtered on the Lieyu Island on March 7. The boat was burnt with evidence destroyed, and the Hong Kong government-issued documents were hidden to cover up, later the ROC Ministry of National Defense repeatedly denied on the journalists' reportages and the parliament questioning, until being exposed by the publication of General Hau Pei-tsun's diary in 2000, known as the Lieyu Massacre.[5] [6] [7]

Prior to the handover of Hong Kong in 1997, the Immigration Department was responsible for processing BN(O) passport applications, which is now handled by the government of the United Kingdom.[8]

In 2019, the department stopped allowing people to search birth or marital records without the consent of those being searched.[9]

The department is headquartered in the Immigration Tower in Wan Chai North.

Roles

The department performs the following roles:

Directors

See main article: Director of Immigration. The incumbent Director of Immigration is Benson Kwok, who took office in September 2023.

Ranks

As with all of the HK Disciplined Services, British-pattern ranks and insignia continue to be utilised, the only change being the exchange of the St. Edward's Crown for the Bauhinia Flower crest post-1997. The ranks and insignia are listed below with their UK equivalences:

Rank UK Equivalent Insignia[11]
Director of Immigration
(入境事務處處長)		General
Deputy Director of Immigration
(入境事務處副處長）		Lieutenant-General
Assistant Director of Immigration
(入境事務處助理處長 		Major-General
Senior Principal Immigration Officer
(高級首席入境事務主任）		Colonel
Principal Immigration Officer
(首席入境事務主任）		Lieutenant-Colonel
Assistant Principal Immigration Officer
(助理首席入境事務主任）		Major
Chief Immigration Officer
(總入境事務主任）		Captain
Senior Immigration Officer
(高級入境事務主任）		Lieutenant with a silver bar beneath
Immigration Officer
(入境事務主任）		Lieutenant
Immigration Officer (Probationary)
(入境事務主任 [見習]

(with effect from 19 April 2010)		Second Lieutenant
Chief Immigration Assistant
(總入境事務助理員）		Three silver bars
Senior Immigration Assistant
(高級入境事務助理員）		Two silver bars
Immigration Assistant
(入境事務助理員）		One silver bar

Visa delays and denials

In February 2024, the Immigration Department announced that all visa applicants would be subject to a national security risk test.[12]

Taiwan

In 2005, Ma Ying-jeou was denied a visa by the Immigration Department, despite being born in Hong Kong.[13]

In July 2020, TECO's highest officer in Hong Kong, Kao Ming-tsun, was not granted a renewal of his work visa by the Hong Kong government because he refused to sign a statement supporting the "One China" principle.[14] The Mainland Affairs Council of Taiwan mentioned that other government representatives in TECO had experienced major visa delays from the Hong Kong government as well.

Journalists

Since 2018, visas for some journalists have been declined by the Immigration Department, including New York Times journalist Chris Buckley and Hong Kong Free Press' incoming editor.[15] In March 2021, the Ombudsman of Hong Kong announced that the Immigration Department was placed under investigation due to the rejection of the visa for the Hong Kong Free Press' incoming editor.

In November 2021, a journalist from The Economist was not granted a renewed visa.[16]

In June 2023, Yoshiaki Ogawa was denied entry upon landing into Hong Kong.[17]

In April 2024, a person from Reporters Without Borders (RSF) was searched multiple times at the airport before being denied entry into Hong Kong.[18]

In August 2024, journalist Haze Fan was denied a visa to work in Hong Kong.[19]

Others

In February 2020, Elizabeth Ward, Australia's new Consul-General to Hong Kong and Macau, was unable to take up her post due to visa delays, which was attributed to political tensions between Australia and China.[20] In October, she was officially appointed.[21]

In September 2021, SCMP reported that the department denied visas to dozens of Cathay Pacific pilots.[22]

In November 2022, the department withheld the visa of Tim Owen, the lawyer of choice for Jimmy Lai.[23] In December 2022, the visa was rejected.[24]

In December 2022, freelance photographer Michiko Kiseki was not allowed into the city, after hosting an exhibition of photos from the 2019-20 Hong Kong protests.[25]

In August 2023 and earlier in January 2020, photographer Matthew Connors was denied entry after landing in Hong Kong.[26]

In October 2023, professor He Xiao-qing, who studies the Tiananmen square massacre, was denied an extension of her visa.[27]

In January 2024, Hong Kong removed citizens of Eswatini from visa-free access into Hong Kong, and when asked if it was because of Eswatini's official ties to Taiwan, the Hong Kong government said "The Immigration Department reviews its visa policy from time to time and makes adjustments as necessary to uphold immigration control while facilitating travel convenience for genuine visitors."[28]

List of notable activists refused entry to Hong Kong

The department is also tasked with preventing visits by prominent foreign human rights and democracy advocates, upon the direction of either the city or the mainland government.[29]

NameTime
Yang Jianli2008; 2009; 2011; 2014[30] [31]
Wang DanJanuary 2011[32]
Chen Wei-tingJune 2014[33]
Benedict RogersOctober 2017[34]
Chang Tieh-chihDecember 2017[35] [36] [37]
Victor MalletNovember 2018[38]
Freddy LimDecember 2018[39]
Albert del RosarioJune 2019[40]
Feng CongdeJune 2019[41]
Dan Garrett

See also: Congressional-Executive Commission on China.

September 2019[42] [43]
Kenneth RothJanuary 2020[44]

See also

External links

Notes and References

  1. Web site: Press Release . 25 March 2009 . 10 March 2008 . https://web.archive.org/web/20080310081409/http://www.info.gov.hk/gia/general/200611/30/P200611300237.htm . live .
  2. Web site: Archived copy . 25 March 2009 . 20 October 2007 . https://web.archive.org/web/20071020123247/http://www.jsscs.gov.hk/reports/en/rcds_pre/report/rcds_pre_eng_ch02.pdf . live .
  3. Web site: Registration of Persons Department . 25 March 2009 . https://web.archive.org/web/20090703054355/http://www.immd.gov.hk/a_report/ehtml/chapter03_40a.html . 3 July 2009 . dead .
  4. Web site: 世界最後一個越南難民中心關閉標誌歷史新紀元 . The closure of the last Vietnamese refugee center in the world marks a new era in history . . 17 July 2000 . 20 October 2022 . . Hong Kong.
  5. Book: Hau, Pei-tsun . 八年參謀總長日記 . 8-year Diary of the Chief of the General Staff (1981–1989) . . 1 January 2000 . 9576216389 . zh-TW . Taipei.
  6. Book: Guan, Ren-jian . 你不知道的台灣 國軍故事 . The Taiwan you don't know: Stories of ROC Arm Forces . 1 September 2011 . 9789576636493 . Puomo Digital Publishing . 20 October 2022 . zh-TW . Taipei.
  7. Web site: 111司調0025 調查報告 . 2022 Justice Investigation Report No. 0025 . Gao . Yong-cheng . 13 July 2022 . 7 August 2022 . . zh-TW . Taipei.
  8. Web site: British national (overseas) . . 14 March 2020 . 10 December 2018 . https://web.archive.org/web/20181210124054/https://www.gov.uk/types-of-british-nationality/british-national-overseas . live .
  9. Web site: 2021-10-26. Press freedom fears as Hong Kong to tighten access to 2 official databases. 2021-10-26. South China Morning Post. en.
  10. Web site: Hong Kong Travel Documents. 11 November 2012. 17 November 2012. https://web.archive.org/web/20121117001722/http://www.immd.gov.hk/ehtml/hktraveldoc.htm. live.
  11. Web site: Immigration Department Annual Report 2009-2010 . 9 March 2011 . https://web.archive.org/web/20110216010104/http://www.immd.gov.hk/a_report_09-10/eng/appendice/index01.htm . 16 February 2011 . dead .
  12. Web site: 2024-02-08 . Hong Kong introduces national security risk test for all visa applicants . 2024-02-18 . South China Morning Post . en.
  13. News: 2005-01-05. HK denial of visa to Taipei mayor may backfire. Financial Times. https://ghostarchive.org/archive/20221211231248/https://www.ft.com/content/a413fedc-5eec-11d9-8cca-00000e2511c8. 11 December 2022. subscription. live. 2021-10-11.
  14. Web site: 2020-07-17. Taiwan official leaves Hong Kong after refusing to sign 'One China' statement - report. live. https://web.archive.org/web/20200718001246/https://hongkongfp.com/2020/07/17/taiwan-official-leaves-hong-kong-after-refusing-to-sign-one-china-statement-report/. 18 July 2020. 2021-04-07. Hong Kong Free Press HKFP. en-GB.
  15. Web site: 2021-03-16. Hong Kong's Ombudsman to investigate Immigration Dep't for denying a work visa to HKFP without reason. live. https://web.archive.org/web/20210316073741/https://hongkongfp.com/2021/03/16/hong-kongs-ombudsman-to-investigate-immigration-dept-for-denying-a-work-visa-to-hkfp-without-reason/. 16 March 2021. 2021-03-17. Hong Kong Free Press HKFP. en-GB.
  16. Web site: Grundy. Tom. 2021-11-13. Hong Kong ousts Economist journalist Sue-Lin Wong without explanation, in latest blow to press freedom. 2021-11-13. Hong Kong Free Press HKFP. en-GB.
  17. Web site: Mok . Lea . Japanese journalist who covered the 2019 protests denied entry to Hong Kong - reports - Hong Kong Free Press HKFP . 2023-07-03 . hongkongfp.com . en-GB.
  18. Web site: Grundy . Tom . 2024-04-10 . Reporters Without Borders rep. denied entry to HK, NGO says . 2024-05-07 . Hong Kong Free Press HKFP . en-GB.
  19. Web site: Lee . James . 2024-08-20 . Hong Kong denies journalist Haze Fan a visa, Bloomberg tells staff . 2024-08-20 . Hong Kong Free Press HKFP . en-GB.
  20. Web site: 2020-04-01. Hong Kong delays visa approval for top Australian diplomat. 2021-03-18. Australian Financial Review. en. 3 March 2021. https://web.archive.org/web/20210303184419/https://www.afr.com/world/asia/hong-kong-delays-visa-approval-for-top-australian-diplomat-20200401-p54g22. live.
  21. Web site: 2020-10-04. Former Hong Kong-Australia free trade negotiator named top envoy to city. 2021-03-18. South China Morning Post. en. 5 May 2021. https://web.archive.org/web/20210505094914/https://www.scmp.com/news/hong-kong/politics/article/3104116/former-hong-kong-australia-free-trade-negotiator-officially. live.
  22. Web site: 2021-09-25. Hong Kong denies work visas to dozens of Cathay pilots seeking to relocate. 2021-09-25. South China Morning Post. en.
  23. Web site: Chau . Candice . 2022-12-01 . Media tycoon Jimmy Lai's trial adjourned to Dec 13, Hong Kong Immigration withholds visa extension for his lawyer . 2022-12-01 . Hong Kong Free Press HKFP . en-GB.
  24. Web site: Chau . Candice . 2022-12-13 . National security trial against media tycoon Jimmy Lai adjourned until September 2023 . 2022-12-13 . Hong Kong Free Press HKFP . en-GB.
  25. Web site: Grundy . Tom . Hong Kong criticised for barring protest photographer Michiko Kiseki from city - Hong Kong Free Press HKFP . 2023-01-15 . hongkongfp.com . en-GB.
  26. Web site: 2023-08-29 . US photography professor who covered 2019 protests says Hong Kong denied him entry, suspects he is 'on a list' . 2023-08-29 . Hong Kong Free Press . en-GB.
  27. Web site: Chan . Irene . Chinese University fires Tiananmen crackdown scholar after Hong Kong gov't rejects visa extension - Hong Kong Free Press HKFP . 2023-10-30 . hongkongfp.com . en-GB.
  28. Web site: Grundy . Tom . Hong Kong axes visa-free travel for Eswatini nationals . 2024-02-06 . hongkongfp.com . en-GB.
  29. News: 14 January 2020 . Why China's move to bar Human Rights Watch chief from Hong Kong was contrary to the city's Basic Law . Hong Kong Free Press . live . 15 January 2020 . https://web.archive.org/web/20200114223601/https://www.hongkongfp.com/2020/01/14/chinas-move-bar-human-rights-watch-chief-hong-kong-contrary-citys-basic-law/ . 14 January 2020.
  30. Web site: 低調始放行 王丹屢被拒 ｜ 蘋果日報. https://web.archive.org/web/20210124032654/https://hk.appledaily.com/local/20190603/5467XEVZ7RXSERCZNLDV4C6M4Q/. dead. 24 January 2021. 2021-01-20. Apple Daily 蘋果日報. zh-hk.
  31. Web site: 2014-04-20. 楊建利被拒入境香港參觀六四紀念館. 2021-01-20. BBC News 中文. zh-hant. 28 January 2021. https://web.archive.org/web/20210128074824/https://www.bbc.com/zhongwen/trad/china/2014/04/140420_hongkong_tiananmen_dissident. live.
  32. Web site: 2011-01-26. 简讯：香港拒绝允许王丹入境. 2021-01-20. BBC News 中文. zh-hant.
  33. Web site: Hong Kong Denies Entry to Taiwan Author Who Supported Pro-Democracy Movement . . 9 October 2019 . 9 October 2019 . https://web.archive.org/web/20191009084426/https://www.rfa.org/english/news/china/author-12062017105126.html . live .
  34. Web site: Lee . Danny . British human rights activist refused entry to Hong Kong . . 11 October 2017 . 3 September 2019.
  35. Web site: Ng . Kang-chung . Leung . Christy . Taiwanese politics and culture commentator Chang Tieh-chih barred from entering Hong Kong . SCMP . 7 December 2017 . 9 October 2019 . 9 October 2019 . https://web.archive.org/web/20191009084425/https://www.scmp.com/news/hong-kong/politics/article/2123213/taiwanese-politics-and-culture-commentator-chang-tieh-chih . live .
  36. Web site: Tong . Elson . Cheng . Kris . Taiwanese writer Chang Tieh-chih says he was denied entry to Hong Kong . . 6 December 2017 . 9 October 2019 . 9 October 2019 . https://web.archive.org/web/20191009084424/https://www.hongkongfp.com/2017/12/06/taiwanese-writer-chang-tieh-chih-says-denied-entry-hong-kong/ . live .
  37. Web site: Miao . Zong-han . Chang . S.C. . Taiwan protests after culture official denied entry to Hong Kong . Focus Taiwan . 9 October 2019 . 9 October 2019 . https://web.archive.org/web/20191009084424/http://focustaiwan.tw/news/acs/201712060025.aspx . live .
  38. Web site: Lum . Alvin . Su . Xinqi . Sum . Lok-kei . Ng . Naomi . British Journalist Victor Mallet denied entry to Hong Kong as tourist . SCMP . 22 September 2019 . 22 September 2019 . https://web.archive.org/web/20190922073619/https://www.scmp.com/news/hong-kong/politics/article/2172383/british-journalist-victor-mallet-denied-entry-hong-kong . live .
  39. Web site: Chan . Holmes . Hong Kong says pro-independence Taiwan band member barred as he lacks 'special skills, knowledge or experience' . . 24 December 2018 . 25 September 2019 . 9 October 2019 . https://web.archive.org/web/20191009053745/https://www.hongkongfp.com/2018/12/24/hong-kong-says-pro-independence-taiwan-band-member-barred-lacks-special-skills-knowledge-experience/ . live .
  40. Web site: Ex-Filipino minister denied entry to HK: lawyer . . 26 September 2019 . 26 September 2019 . https://web.archive.org/web/20190926071049/https://news.rthk.hk/rthk/en/component/k2/1464204-20190621.htm . live .
  41. Web site: Ex-Tiananmen leader denied entry into Hong Kong ahead of June 4 . . 4 September 2019 . 4 September 2019 . https://web.archive.org/web/20190904031302/http://www.ejinsight.com/20190603-ex-tiananmen-leader-denied-entry-into-hong-kong-ahead-of-june-4/ . live .
  42. Web site: Academic denied entry to HK after US testimony . . 8 October 2019 . 8 October 2019 . https://web.archive.org/web/20191008035448/https://news.rthk.hk/rthk/en/component/k2/1483055-20190928.htm . live .
  43. Web site: US academic denied Hong Kong entry after US Congress testimony . ABS-CBN News . . 8 October 2019 . 8 October 2019 . https://web.archive.org/web/20191008035444/https://news.abs-cbn.com/overseas/09/28/19/us-academic-denied-hong-kong-entry-after-us-congress-testimony . live .
  44. https://news.rthk.hk/rthk/ch/component/k2/1502414-20200113.htm 人權觀察執行長表示由紐約飛抵香港後被拒入境

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