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With effect from today (27 July 2001), the Immigration Department starts to implement the genetic test procedure which is applicable to persons who claim to have the right of abode in Hong Kong under paragraph 2(c) of Schedule 1 to the Immigration Ordinance.

"When these persons apply for a Certificate of Entitlement, they have to submit evidence to prove their claim of being born of a Hong Kong permanent resident parent. Where the Director of Immigration is not satisfied with the claimed parent and child relationship on the basis of the materials before him, he may request the applicant and his claimed parents to undergo a specified genetic test. The genetic test will only be arranged after obtaining consent from the applicant and the claimed parents. In exercise of the powers conferred by sections 2AB(7)(a) and 2AB(11) of the Immigration Ordinance, the Director of Immigration has specified the genetic test procedure and fee by notice in the Gazette today" the spokesman said.

A consensus on the genetic test arrangements has been reached between the HKSAR Government and the Bureau of Entry-exit Administration in the Mainland of China. For applicants residing in the Mainland, the test will be conducted collaboratively by the SAR Government and the Mainland Public Security Bureau. The Immigration Department will be responsible for taking the tissue specimens of the claimed parent(s) residing in Hong Kong and the test will be conducted by the Government Laboratory. The Exit-entry Administration Division of the Guangdong Provincial Public Security Department will be responsible for taking the tissue specimens of the applicant and, where applicable, the claimed parent residing in the Mainland and the test will be conducted by the Criminal Technology Division of the Guandong Provincial Public Security Department. The two laboratories will exchange the test data for collaborative analysis and cross checking before the test reports are issued. The Immigration Department will consider the test report and all other materials before him in assessing the Certificate of Entitlement application. The Mainland Public Security Bureau will also accept the result of the specified genetic test when processing the one-way permit application.

"The Government Laboratory has conducted simulated test with the Mainland authorities. There will be a full array of measures in place to ensure stringent and reliable technological standards of the genetic test procedures." the spokesman stressed.

As regards applicants residing outside the Mainland of China, if they and the claimed parents agree to undergo the test, they will attend the Hong Kong Immigration Department for specimen taking. The specimens will then be delivered to the Hong Kong Government Laboratory for testing. The test reports will be issued to the Immigration Department.

The spokesman pointed out that should the applicant or his claimed parents refuse to undergo the genetic test, the Immigration Department will request the applicant to give his reason of refusal in writing. The Director may draw any inference from the failure of an applicant or the claimed parents to undergo the genetic test as he considers proper and determine the application accordingly.

For applicants residing in the Mainland of China, a fee of HK$2,740 will be charged for the genetic test conducted in Hong Kong for the applicant's claimed parent(s). The fee should be paid upon specimen taking in the Immigration Department. The fee for the genetic test conducted in the Mainland of China for the applicant and the claimed parent shall be paid to the Mainland authorities as specified by the Mainland authorities.

For applicants residing outside the Mainland of China, a fee of HK$3,590 per application will be charged for the genetic test conducted in Hong Kong for the applicant and his claimed parents. The fee should be paid upon specimen taking in the Immigration Department.

For enquiries, please contact Information Office, Immigration Department by phone at 2824 6111, by fax at 2877 7711 or by email to enquiry@immd.gov.hk.

End/Friday, July 27, 2001

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