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Immigration to Hong Kong is the process by which peoplemigrate to theChinesespecial administrative region ofHong Kong for the purpose of residing there. The region has its ownHong Kong immigration policy governing how such migration may be carried, including for those immigrating frommainland China.
Originally a sparsely populated area of farming and fishing villages,[1] During theFirst Opium War, Hong Kong was initially ceded to the British by theQing Empire, in theConvention of Chuenpi.[2] However, both countries were dissatisfied and did not ratify the agreement.[3] After more than a year of further hostilities, Hong Kong Island was formally ceded to theUnited Kingdom in the 1842Treaty of Nanking.[4]
From 1898 to 1997, Hong Kong was under a 99-year lease to theUnited Kingdom, and within this period there was arefugee wave from the People's Republic of China to British Hong Kong, primarily between 1949 and 1979.
The Immigration Department in Hong Kong detains around 10,000 migrants[5] annually for immigration control and other reasons as stipulated in theImmigration Ordinance (Cap. 115). In Hong Kong, immigration detention is a form ofadministrative detention; the decision to deprive an individual of liberty is made by government officials, not courts.
There are four main immigration detention facilities in Hong Kong: Castle Peak Bay Immigration Centre (CIC), Ma Tau Kok Detention Centre (MTKDC), Tai Tam Gap Correctional Institution (TGCI), andNei Kwu Correctional Institution (NKCI). In addition to these three facilities, immigration detainees can also be held at any police station, some hospitals, border points, and prisons. TheImmigration (Places of Detention) Order (Cap. 115B) lays out the places of detention of immigration detainees and the relevant legislation that governs their treatment at each respective location. All in all, there are over 100 locations of immigration detention.
CIC holds adult immigration detainees and functions as a long-term detention centre. MTKDC holds detainees for short-term transfers. Both CIC and MTKDC are under the authority of theImmigration Department.
TGCI is a recent addition to Hong Kong’s immigration detention facilities. A previously defunct prison, it was recommissioned as an immigration detention facility on 28 May 2021.[6] TGCI holds only adult male[6] persons including non-refoulement claimants,[7] in particular persons deemed “security risks” by the Hong Kong government.[8] Notably, TGCI is run by the prison authority, theHong Kong Correctional Services, and not theImmigration Department. TGCI is also the first facility representing the ‘smart prison initiative’.[9]
NKCI is the latest immigration detention facility. It was converted to into an immigration detention centre for on 18 May 2023. NKCI holds adult female persons under immigration powers, specifically the Immigration Ordinance.[10]
The treatment of detainees held at CIC is subject to theImmigration (Treatment of Detainees) Order (Cap. 115E) while treatment of detainees held at MTKDC is subject to theImmigration Service (Treatment of Detained Persons) Order (Cap. 331C).
On the other hand, the treatment of detainees held at TGCI and NKCI are subject to thePrison Rules (Cap. 234A), which is the same legislation governing the treatment of prisoners in Hong Kong.
In 2021, Hong Kong's public broadcasterRadio Television Hong Kong produced a documentary on immigration detention as part of their Hong Kong Connection (Chinese: 鏗鏘集) series. The documentary included an interview with a former detainee who revealed concerning rights violations that had occurred within the detention walls, including being held down and blindfolded during physical beatings, and forced to kneel and be handcuffed during meals. The documentary also included interviews with human rights lawyers and detention staff who spoke about solitary confinement in the 'padded room'.
In the same year,Stand News produced a series of articles on detention conditions at the then newly reopened Tai Tam Gap Correctional Institution. The Secretary for Security criticized the news outlet for "biased, smearing and demonising" the smart prison initiative.[11] Stand News closed down operations soon after[12]
In 2021, the Immigration Ordinance was amended to, among other reasons, prevent potential non-refoulement claimants from arriving in Hong Kong.[13] One of the amendments lowered the threshold for long periods of immigration detention by including administrative factors as justifications, including whether many non-refoulement claims are being processed and even if “there are situations beyond the control of ImmD”.[14] The amendments also allowed for increased access to weapons for detention staff[15] despite very low numbers of physical confrontations in immigration detention.[16] Civil society advocates have raised concerns that the amendments will limit procedural fairness for non-refoulement claimants such as by potentially barring them from accessing interpreters in legal proceedings, liaising with home countries to facilitate deportation prior to final conclusion of their applications, and restricting the time allowed for the appeal stage[15][17]
Cases of COVID-19 in detention staff[18] and detainees[19][20][21] have led to suspension of visits from family and friends to detention centres.
Quality Migrant Admission Scheme (QMAS) is a program that seeks to attract highly skilled persons to settle inHong Kong. An applicant does not need to obtain ajob offer in advance before entering intoHong Kong on a "skilled immigrants" transfer. Two sets of points system are used to evaluate applicants. These are theAchievement Based Points Test[22] and theGeneral Points Test.[23]
Top Talent Pass Scheme is a program that seeks to attract persons who have a high income or have a degree from a top university to settle inHong Kong. Like QMAS, an applicant does not need to obtain ajob offer in advance before entering intoHong Kong.[24]
Permanent residents can sponsor family members to immigrate to Hong Kong. The family member sponsored by the Permanent Resident must be either "their spouse, or an unmarried dependent child under the age of 18, or a parent aged 60 years or above".[25]
Under this category, investors from outside had to havenet assets of no less thanHK$10 million (US$1,300,000) to which they are entitled throughout the 2 years before submitting their application. (This amount was increased from HK$6.5M on 14 October 2010, and is to be reviewed every three years.)[26][27] The Capital Investment Entrant Scheme was suspended on 15 January 2015
Pro-democracy politicianGary Fan has been frequently calling for the government to take back the approval rights onOne-way Permits from Chinese authorities and to reduce the quota of such permits.[28] Fan also refers to immigrants from mainland China and the quota of 150 daily permits as "the root of the housing problem".[29]
In January 2013, Gary Fan andClaudia Mo formed a group called "HK First". They co-sponsored a controversial ad which claimed that reducing immigration would help the people of Hong Kong to get to the bottom of the housing problem, while rejecting claims of bias or discrimination against mainlanders,[30] despite condemnation from theEqual Opportunities Commission.[31] Fan later introduced a motion on adhering to the need to "put Hong Kong people first" in formulating policies, but the motion was ultimately defeated.[32]
Many political parties in Hong Kong are opposed to large-scale Chinese immigration citing its impact on freedom and locals resources, especially in primary schools, public housing and certain jobs. These parties include most of pro-democracy parties such asNeo Democrats,Hong Kong Indigenous andYoungspiration. Many pro-democracy parties have stated that they don't oppose legal migration from mainland China but have urged to take back control of One-way permit.
A 2012 poll found more than half (51%) of Hong Kongers thought the number of mainland immigrants allowed into Hong Kong should decrease. Only 16% thought immigration should increase.[33][34]
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