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Following is a question by the Hon Andrew Cheng and a written reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (May 16):
Question :
Regarding the acquisition of the status of permanent resident and the right of abode by persons who have come to Hong Kong, will the Government inform this Council:
(a) of the respective numbers of applications approved and rejected in the past three years for establishing permanent residence by persons not of Chinese nationality, together with a breakdown of rejected cases by the applicants' nationalities;
(b) whether entry restrictions and conditions of stay can be imposed by the authorities on persons not of Chinese nationality who hold permanent identity cards; if so, of the details; and
(c) given that the Secretary for Security has said that persons who come to work in Hong Kong under the Admission of Mainland Professionals Scheme "can apply for the right of abode after they have resided in Hong Kong for seven years", of the procedure and eligibility for making such an application; whether the persons concerned can apply in Hong Kong; and the differences and similarities between this procedure and that applicable to other Chinese citizens?
Reply:
Madam President,
(a) Since the reunification and up to May 5, 2001, a total of 53 344 persons not of Chinese nationality had their permanent resident status established in accordance with the relevant legislative provisions. On the other hand, the claims to permanent resident status of a total of 2 425 persons not of Chinese nationality could not be established. The breakdown of these persons by nationalities is as followsĄG -
Nepal 587Great Britain 573
Canada 322
U.S.A. 138
Australia 118
The Philippines 107
Pakistan 102
Thailand 97
Netherlands 90
India 77
Others 214
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Total 2 425
(b) Holders of a permanent identity card, whether they are Chinese citizens or persons not of Chinese nationality, all enjoy the right of abode in the Hong Kong Special Administrative Region (HKSAR). People with the right of abode in the HKSAR, regardless of their nationalities, can enjoy the rightĄG
* to land in the HKSAR;
* to be free of any condition of stay (including a limit of stay) in the HKSAR;
* not to be deported from the HKSAR; and
* not to be removed from the HKSAR.
(c) Under paragraph 2(b) of Schedule 1 to the Immigration Ordinance, Cap. 115, a Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the HKSAR is a permanent resident and enjoys the right of abode in the HKSAR.
Mainlanders to be admitted for employment under the "Admission of Mainland Professionals Scheme" will become permanent residents of the HKSAR and enjoy the right of abode if they can meet the requirements under the law. They will initially be granted a permission to enter Hong Kong to take up employment for a period of one year. Subsequent applications for extension of stay will only be granted if they continue to be employed in the relevant sector.
If they apply to establish their right of abode, they will have to go through the same application procedures as those applicable to other Chinese citizens. Under the current administrative arrangements, persons who would like to establish their right of abode may apply for verification of eligibility for a permanent identity card. They should send the application form (Form ROP 145), duly completed, together with photostat copies of the relevant supporting documents by post to the Right of Abode Section of the Immigration Department on 25th floor, Immigration Tower, 7 Gloucester Road, Wan Chai. When making the application, the applicant must be staying in Hong Kong legally. Upon receipt of the required information and documents, it will take about 4 to 6 weeks to process the application. No fee will be charged.
End/Wednesday, May 16, 2001
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