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

Presented by LY CHAN Immigration Department Hong 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 Germany in 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 Central People’s Government of the PRC 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 Coordinator Requesting Party Other Relevant Sections of ImmD Assessment of the Return’s Eligibility of Readmission Readmission request Pass request Assessment report Establish Residential Status Identity Conduct 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 HKSAR - 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 YearTime limitationRemarks 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 YearTime limitationRemarks 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 YearTime limitationRemarks 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 YearTime limitationRemarks 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 Government Immigration Department Conclusion