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LCQ6: Immigration policies
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     Following is a question by Dr Hon Kenneth Chan and a reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (December 10):

Question:

     It has been reported that earlier on, a number of members of student bodies as well as members of the public who openly supported the occupation movement were refused entry by mainland border officials when heading for the Mainland, and the Hong Kong and Macao Residents Entry and Exit Permits (commonly known as "home return cards") held by some of them had even been cancelled. A crew member on duty on a plane of a local airline company to Shanghai was also refused entry upon arrival.  Moreover, a Hong Kong journalist was refused entry when he visited the Philippines last month as a tourist, and he thus realised that a number of Hong Kong journalists had been put on a blacklist for entry restriction by the Philippine Government. Regarding Hong Kong residents being refused entry by the immigration authorities of other jurisdictions, will the Government inform this Council:

(1) whether the Government has received, since the start of the occupation movement, any request for assistance from members of the public because they had been refused entry or their home return cards had been cancelled by the mainland authorities; if it has, of the number and nature of such cases, and whether the Government has taken any follow-up action; if it has taken follow-up actions, of the latest progress;

(2) of the details of the follow-up actions taken by the authorities in respect of the aforesaid incident of a Hong Kong journalist being refused entry by the Philippine authorities; and

(3) whether the Government provided any information on Hong Kong residents to the immigration authorities of other jurisdictions in the past three years; if it did, of the reasons, principles and justifications for providing such information, the number of Hong Kong residents involved, and the number of Hong Kong residents who were refused entry by the relevant countries or places as a result?

Reply:

President,

     The Government of the Hong Kong Special Administrative Region (HKSARG) attaches importance to the legal rights of Hong Kong residents outside Hong Kong, and will provide practical assistance as necessary. According to international practice, immigration authorities around the world will examine and process the entry of foreigners in accordance with their local laws and prevailing circumstances. We must respect the right of other jurisdictions in exercising immigration control and making decisions in accordance with their laws. We will not, and should not, interfere.

     Similarly, Hong Kong and the Mainland have all along maintained respective immigration policies and systems. Immigration authorities of the two places implement immigration policies in accordance with their respective laws. The Mainland authorities respect the HKSARG in implementing our immigration policy according to our laws and we should also respect the Mainland authorities in carrying out their immigration policy according to their laws. In this respect, we also will not interfere.

     Our reply to the questions raised by Hon Chan is as follows:

(1) Since the occupying incident, the Security Bureau or Immigration Department has not received any request for assistance from residents for being refused entry by the Mainland authorities or having their Mainland Travel Permit for Hong Kong and Macau Residents cancelled.

(2) Regarding the incident of a Hong Kong journalist being refused entry into the Philippines, the Philippine authorities confirmed the media reports that nine Hong Kong journalists would be refused entry and would not be allowed to enter the Philippines to cover the 2015 Asia-Pacific Economic Cooperation Summit. The HKSARG had received requests from the concerned media organisations, the Hong Kong Journalists Association and Legislative Council member, etc. to follow up the matter with the Philippine authorities. The HKSARG therefore immediately contacted the person concerned via the Assistance to Hong Kong Residents Unit of the Immigration Department to understand the specific circumstances. We had also liaised with the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region and met the Consul General of the Philippines to express the views and demands of the concerned organisations and persons regarding the incident. At the meeting, the Consul General of the Philippines undertook to take follow-up action. Thereafter, the Consulate General of the Philippines confirmed that the Philippine immigration authorities had lifted the entry ban on the nine concerned Hong Kong journalists.

(3) Our local law enforcement agencies and law enforcement agencies elsewhere have all along maintained close liaison and co-operation in the combat against cross-border criminal activities. It is of paramount importance to conduct intelligence and professional exchanges on issues such as organised crimes, triads, drugs, commercial crimes, technology crimes, smuggling, using counterfeit travel documents and bogus marriages, etc. for the purpose of preventing and combating crimes together. We do not have the number of Hong Kong residents involved in joint combat actions against cross-border criminal activities. Furthermore, for Hong Kong residents who encounter difficulties or emergencies such as accidents or loss of identity documents outside Hong Kong, the Immigration Department will, subject to their written consent and the actual circumstances and needs, confirm the identities of the Hong Kong residents with the relevant authorities. Practical assistance such as timely processing of travel documents may then be rendered to facilitate their return to Hong Kong.

     As mentioned above, immigration authorities around the world will examine and decide whether to grant entry to foreigners in accordance with their local laws and prevailing circumstances. Hong Kong residents who have been refused entry outside Hong Kong are not obliged to, and would not, report the matter to the HKSARG. Separately, according to international practice, immigration authorities will not usually comment on the reason and decision of individual case in detail. We therefore do not have the number of, and information on reasons for, Hong Kong residents being refused entry by other jurisdictions.

Ends/Wednesday, December 10, 2014
Issued at HKT 17:35

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