Immigration Law at Hong Kong
Immigration law in Hong Kong is governed primarily by the Immigration Ordinance (Cap. 115), and it's administered by the Immigration Department under the Security Bureau. Since Hong Kong operates under the "one country, two systems" principle, it maintains its own immigration policy, separate from Mainland China.
Key Aspects of Hong Kong Immigration Law:
1. Right of Abode
Permanent residents have the right of abode in Hong Kong, meaning they can live and work without restrictions.
Eligibility includes people born in Hong Kong, those with seven years of continuous residence, and others under certain categories.
2. Visas and Permits
Hong Kong requires visas for employment, investment, study, training, and dependent purposes.
Common visa categories:
General Employment Policy (GEP) – for skilled professionals.
Admission Scheme for Mainland Talents and Professionals (ASMTP).
Quality Migrant Admission Scheme (QMAS) – points-based system for skilled migrants.
Capital Investment Entrant Scheme (currently suspended).
Top Talent Pass Scheme – introduced to attract high-income or globally recognized talent.
3. Mainland China Residents
Mainland Chinese residents must go through a separate immigration process, often more restrictive.
One example is the One-way Permit scheme, which allows a quota of mainland residents to settle in Hong Kong.
4. Asylum and Refugee Law
Hong Kong is not a signatory to the 1951 Refugee Convention.
Asylum seekers are dealt with under a Unified Screening Mechanism (USM), primarily for protection under the Convention Against Torture and other inhumane treatment.
5. Enforcement and Removal
The Immigration Department can detain and remove individuals unlawfully in Hong Kong.
There are procedures for appeals and judicial review in some cases.
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