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LCQ11: Visa/entry permit policy
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     Following is a question by the Hon Ma Fung-kwok and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (November 5):

Question:

     Each year, many culture, arts and sports events and competitions are held in Hong Kong, and the authorities have also been promoting Hong Kong as the Events Capital of Asia. However, some members of such sectors have coincidentally relayed to me that all Mainlanders and foreigners intending to participate, whether on a paid or unpaid basis, in culture, arts and sports events or competitions in Hong Kong are required to obtain work visas before they are permitted entry and this requirement has caused inconvenience to such persons and impeded exchanges between members of the local sectors and their counterparts outside Hong Kong. Such members of the sectors have also pointed out that foreigners who are invited to participate in culture, arts and sports events in such countries as Singapore, Sweden and Canada are exempted from obtaining work visas prior to entry. In this connection, will the Government inform this Council:

(1) whether the authorities have introduced immigration convenience measures to facilitate Mainlanders and foreigners to participate in culture, arts and sports events or competitions in Hong Kong; if they have, of the details of such measures; if not, the reasons for that; and

(2) of the justifications for the authorities requiring Mainlanders and foreigners to obtain work visas prior to entering Hong Kong to participate in culture, arts and sports events or competitions; whether they will consider exempting such persons from obtaining work visas by making reference to the practices of the aforesaid countries; if they will, of the details and timetable; if not, the reasons for that?

Reply:

President,

     My reply to the Member's question is as follows:

(1) The Immigration Department (ImmD) has all along processed visa/entry permit applications for participation in local culture, arts or sports events or competitions pragmatically in accordance with the law and maintains close communication and co-ordination with the organisers of the events or competitions. ImmD will provide appropriate facilitating measures taking into consideration the dates and circumstances of the events or competitions, including streamlining visa/entry permit application procedures (such as waiving the submission of supporting documents on academic qualifications and the need for sponsors to fill in application forms), according priority to urgent applications, etc., in order to meet the actual needs of the participants and organisers.

(2) According to section 7 of the Immigration Ordinance (Cap. 115), a person may not land in Hong Kong without the permission of an immigration officer or immigration assistant unless he enjoys the right of abode or right to land in Hong Kong. Section 11(2) of the Ordinance also stipulates that where permission is given to a person to land or remain in Hong Kong, an immigration officer or immigration assistant may impose a limit of stay and other conditions of stay. In addition, according to regulation 2(1) of the Immigration Regulations (Cap. 115A), persons permitted to land in Hong Kong as a visitor shall be subject to stipulated conditions of stay, including not being allowed to take up any employment, whether paid or unpaid.

     Whether visitors' participation in culture, arts or sports events or competitions during their stay in Hong Kong constitutes employment depends on the actual circumstances of individual event or competition, and cannot be generalised. Consideration factors include whether the event or competition is commercial in nature, or whether it involves employment contracts, service contracts, remuneration, etc. ImmD will continue to process visa/entry permit applications for participation in local culture, arts or sports events or competitions pragmatically in accordance with the law, and will provide appropriate facilitating arrangements for visa/entry permit application matters for organisers based on their actual needs. The Administration will review our visa/entry permit policy from time to time to ensure that the policy meets Hong Kong's actual circumstances and needs.

Ends/Wednesday, November 5, 2014
Issued at HKT 13:31

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