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Following is a question by the Hon Chan Chi-chuen and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (June 17):
Question:
It has been reported that a child, who claimed to have come to Hong Kong on the strength of an Exit-entry Permit for Travelling to and from Hong Kong and Macao (commonly known as "two-way exit permit") at the age of three and stayed in Hong Kong for nine years, earlier went with his grandmother to the Immigration Department (ImmD) where they surrendered themselves. A spokesperson of ImmD indicated that if there was sufficient evidence, it would institute prosecutions against those concerned. In this connection, will the Government inform this Council, in the past ten years:
(1) of the number of overstaying cases handled by ImmD each year, with a tabulated breakdown by gender, age group, place of origin and period of overstay of the persons concerned;
(2) of the number of prosecutions instituted by ImmD against overstayers each year, the penalties imposed on the convicted persons among them, and the number of such persons who were repatriated immediately after being convicted or having served a sentence, with a breakdown by place of origin of such persons;
(3) of the number of overstayers repatriated to their places of origin by ImmD each year;
(4) of the shortest and the longest periods for which overstayers were allowed to stay on the strength of Recognisance Forms (commonly known as "going-out passes") issued by ImmD;
(5) of the number of overstayers who were allowed to stay in Hong Kong on the discretion of the Director of Immigration (with a breakdown by gender, age group, place of origin and period of overstay of the persons concerned), and the procedures for the Director to exercise discretionary power; and
(6) of the number of overstaying children who were assisted by Education Bureau (EDB) in seeking schooling in Hong Kong (with a breakdown by gender, age group, place of origin and period of overstay of the children concerned), as well as the procedures and the justifications for EDB to provide such assistance?
Reply:
President,
Our reply to the Hon Chan's questions is as follows:
(1) The number of cases of overstayers handled by the Immigration Department (ImmD) from 2005 to May 2015 with breakdown by places of origin is at Annex 1.
(2) and (3) According to section 41 of the Immigration Ordinance (Cap. 115), any person who contravenes a condition of stay in force shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for two years.
From 2005 to May 2015, the number of visitors prosecuted for overstaying is at Annex 2. The ImmD does not maintain other breakdown statistics as mentioned in the question.
(4) Persons granted recognisance as an alternative to detention must report in person at the time and interval specified by the ImmD. The ImmD determines the time and interval for reporting, and whether the person concerned should continue to be granted recognisance as an alternative to detention depending on the circumstances of each case.
From 2005 to May 2015, among cases where the ImmD granted recognisance as an alternative to detention, the shortest duration of presence in Hong Kong was less than a week, and the longest duration was ten years due to involvement in judicial proceedings.
(5) The Immigration Ordinance (Cap. 115) states that the Director of Immigration (the Director) may exercise discretion to allow certain individuals to stay in Hong Kong. In exercising his discretion under the Ordinance, the Director must take into account the primary object of the Ordinance, which is to maintain effective immigration control. Exceptions to the established policies must be supported by unique and sufficient justifications. The Director will carefully consider the circumstances of individual cases, such as, whether the case is justified on sufficiently strong and convincing humanitarian or compassionate grounds, and make a decision having regard to prevailing public interest.
From 2005 to May 2015, the Director exercised discretion to allow 186 persons to stay in Hong Kong. The ImmD does not maintain the breakdown statistics as mentioned in the question.
(6) School-age children whose stay in Hong Kong is illegal but are granted recognisance as an alternative to detention must apply to the Education Bureau (EDB) if they wish to attend a secondary or a primary school during their presence in Hong Kong. The EDB will handle such applications in consultation with the ImmD. The ImmD will provide comments to the EDB having regard to all relevant circumstances of each individual case, including whether the person concerned will be removed from Hong Kong within a short period. Having consulted the ImmD, the EDB will decide on the application and make arrangements as appropriate. If the application is approved, the EDB will arrange the child concerned to attend an appropriate school having regard to his or her district of residence and learning level.
From 2010 to May 2015, the ImmD expressed no objection to the EDB in respect of 32 applications from Mainland minors on recognisance to attend school. The EDB and the ImmD do not maintain the breakdown statistics of overstaying children and such children from other regions studying in Hong Kong.
Ends/Wednesday, June 17, 2015
Issued at HKT 11:38
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