LCQ12: Immigration policy
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     Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Hon Gary Fan in the Legislative Council today (October 9):

Question:

     Regarding figures on the migrant population and the immigration policy of Hong Kong, will the Government inform this Council:

(a) in each year from 2003 to August 2013, of the number of people who had come to Hong Kong for settlement on One-way Permits (OWPs) (set out in Annex 1), and the respective numbers of people who had applied and had been given approval for entry to/staying in Hong Kong under the (i) Quality Migrant Admission Scheme, (ii) Capital Investment Entrant Scheme, (iii) Admission Scheme for Mainland Talents and Professionals, and (iv) Immigration Arrangements for Non-local Graduates (set out in Annex 2);

(b) of the distribution of the country or territory of origin of those people who had been granted approval to enter Hong Kong by means of the (i) Quality Migrant Admission Scheme, (ii) Capital Investment Entrant Scheme, and (iii) Immigration Arrangements for Non-local Graduates, from 2003 to August 2013 (set out in Annex 3);

(c) among the mainland people who came to Hong Kong for settlement on OWPs from 2003 to August 2013, of the annual numbers of those who had been granted entry to Hong Kong for reasons other than family reunion, and the five most common reasons for granting these people entry to Hong Kong (e.g. collection of estate, unsupported children coming to Hong Kong to join their relatives, etc.) and the respective numbers of the people concerned (set out in Annex 4);

(d) given that Article 22(4) of the Basic Law provides that: "[f]or entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region", whether the SAR Government has held discussions with the Central People's Government since the reunification so as to adjust the quota for mainland people coming to Hong Kong for settlement on OWPs and the related policies; if not, of the reasons for that;

(e) of the respective numbers of live births born to mainland women whose spouses were not Hong Kong permanent residents [doubly non-permanent resident (DNR) babies] in public and private hospitals in Hong Kong in each year from 2003 to August 2013, and the relevant monthly figures from January 2012 to August 2013 (set out in Annexes 5 and 6);

(f) among the non-local graduates who had been granted approval to stay and work in Hong Kong by the means of entry under (iv) mentioned in (a), of the respective numbers of those attending publicly-funded and self-financing undergraduate programmes; and

(g) given that it has been reported that some mainland people have been granted OWPs for settlement in Hong Kong despite having criminal records in Hong Kong, whether mechanisms are in place in respect of the five existing means of applying for entry to Hong Kong mentioned in (a) to reject the entry of those people with criminal records in Hong Kong or overseas; if not, of the reasons for that, and whether the SAR Government and the mainland authorities have plans to set up such mechanisms?

Reply:

President,

     The reply is as follows:

(a) From 2003 to August 2013, the number of arrivals on the strength of one-way permit (OWP) is in Annex 7.

     From 2003 to August 2013, the number of applications received and quotas and applications approved under the (i) Quality Migrant Admission Scheme (QMAS); (ii) Capital Investment Entrant Scheme (CIES); (iii) Admission Scheme for Mainland Talents and Professionals (ASMTP); and (iv) Immigration Arrangements for Non-local Graduates (IANG) are in Annex 8.

(b) From 2003 to August 2013, the distribution of the nationality/region of those people who had been allotted quota or approved to enter Hong Kong by means of the (i) QMAS; (ii) CIES; and (iii) IANG are in Annex 9.

(c) The policy objective of the OWP scheme is family reunion. Under this policy objective, the Mainland authorities have since May 1997 implemented a point-based system, setting out open and transparent criteria to objectively assess the eligibility and priority of applicants. The Mainland authorities also announce on the Internet the points required for approval of OWP applications. According to the survey conducted on new arrivals on the strength of OWP by the Immigration Department (ImmD) at Lo Wu boundary control point, about half (49.4%) of them reunited with their spouses and half reunited with their parents (48.8%), while a small number reunited with their children or were unsupported children coming to Hong Kong to join their relatives (1.8%).

(d) The Administration has all along been exchanging views on the OWP policy with the Mainland authorities, and reflects to them the views of various sectors of society as appropriate. The Mainland authorities have from time to time adjusted and refined the OWP scheme. For example, in response to the request for Mainland "overage children" to reunite with their parents in Hong Kong, starting from April 1, 2011, the Mainland authorities have allowed eligible "overage children" to apply for OWP in an orderly manner, utilising residual OWP quota.

(e) The ImmD does not keep the breakdown of statistical figures by public and private hospital in Hong Kong for live births born to Mainland women whose spouses are not Hong Kong permanent residents. The number of babies born in Hong Kong to Mainland women from 2003 to July 2013 is at Annexes 10 and 11.

(f) The ImmD does not keep statistics on the types of degree programmes that people approved to enter Hong Kong through the IANG enrolled in previously.

(g) The Mainland and Hong Kong have set up a notification mechanism since the 1990s to regularly provide the Mainland public security authorities with the particulars of those persons who breach the law in Hong Kong for their follow up action. These persons will not be issued travel documents to visit Hong Kong (including exit entry permit and OWP) for periods ranging from two to five years. The ImmD will prudently process all entry applications, including assessing whether the applicant has an adverse record, and will prevent Mainlanders from engaging in illegal activities in Hong Kong through liaison between law enforcement authorities of the Mainland and Hong Kong.

Ends/Wednesday, October 9, 2013
Issued at HKT 18:35

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