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LCQ13: Handling overstaying cases
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     Following is a question by the Dr Hon Chiang Lai-wan and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (June 17):

Question:

     It is learnt that during their investigation into an incident in which a girl fell to death in April this year, the Police uncovered that her Filipino mother had overstayed in Hong Kong for as long as 21 years.  In addition, a child had hidden in Hong Kong ever since he came to the territory from the Mainland nine years ago.  Recently, the child and his family member surrendered themselves to the Immigration Department (ImmD). In this connection, will the Government inform this Council:

(1) of the number of overstayers in Hong Kong at present, with a breakdown in Annex 1; whether the authorities know the reasons for their overstaying;

(2) of the procedures and measures currently adopted by ImmD for handling overstaying cases; and

(3) of the respective numbers of overstaying children issued with Recognisance Forms (commonly known as "going-out passes") who were, in the past ten years, (i) repatriated to their places of origin, and (ii) granted permission to stay in Hong Kong on the discretion of the Director of Immigration?

Reply:

President,

     Our reply to the Dr Hon Chiang'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 2. The number of arrests of foreign domestic helpers for overstaying during the same period is at Annex 3.

(2) The ImmD has established procedures to investigate cases on overstaying. The ImmD will gather intelligence and take referrals from different channels, and will flexibly deploy manpower for follow up and investigation.

(3) 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 breakdown statistics as mentioned in the question.

Ends/Wednesday, June 17, 2015
Issued at HKT 12:01

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