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Following is a question by the Hon Albert Chan and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (April 29):
Question:
In reply to my question on November 4, 2009, the Government said that there were then 11 children and young people born on the Mainland and whose father or mother was a Hong Kong resident. These persons claimed that they could not obtain Permits for Proceeding to Hong Kong and Macau (commonly known as "One Way Permit") as they did not have mainland household registration. Subsequent to their illegal entry into Hong Kong, they had stayed in Hong Kong for seven years or more and had been granted permission for receiving education here. However, according to the Registration of Persons Ordinance (Cap. 177) and the established policy, they were not eligible to be granted Hong Kong identity cards as they were illegal entrants. Recently, some members of the public have relayed to me that quite a number of children and young people of the same birth background as that of the aforesaid cases have entered Hong Kong illegally. In this connection, will the Government inform this Council:
(1) whether it has exercised its discretion to issue Hong Kong identity cards to the aforesaid 11 children and young people; if it has, of the details;
(2) of the numbers of children and young people staying in Hong Kong in each year since 2009 who were born on the Mainland and whose father or mother was a Hong Kong resident; the reasons for the increase or decrease in such annual numbers; and
(3) whether the authorities will consider amending the relevant legislation to grant these children and young people the right of abode in Hong Kong so that they can be issued with Hong Kong identity cards, thereby enabling them to live normally and grow up healthily in Hong Kong; if they will, of the details; if not, the reasons for that?
Reply:
President,
(1) Of the aforesaid 11 children and young people, six have been granted permission to remain in Hong Kong at the discretion of the Director of Immigration, two have returned to the Mainland and the remaining three are still in Hong Kong.
(2) Since 2010, the number of new cases each year concerning children and young people born on the Mainland, whose father or mother is a Hong Kong resident, and who claimed to the Immigration Department that they could not obtain One-way Permit as they do not have Mainland household registration, and have stayed in Hong Kong for seven years or more after illegal entry and have been granted permission for schooling is tabulated as follows:
Year New cases
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2010 3
2011 1
2012 2
2013 2
2014 1
As at end March 2015, a total of five children and young people involved in the above cases remained in Hong Kong.
(3) Mainland residents who wish to settle in Hong Kong must apply for One-way Permits from the Exit and Entry Administration Offices of the Public Security Bureau of the Mainland at the places of their household registration. It is an offence to enter Hong Kong illegally or to overstay after entry. Mainland residents who remain in Hong Kong illegally should return to the Mainland as soon as possible and apply for settlement in Hong Kong through the proper channel.
Ends/Wednesday, April 29, 2015
Issued at HKT 17:15
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