Hong Kong has amended its immigration policy to bar illegal immigrants and persons subjected to removal or deportation order from taking up paid or unpaid employment, or establishing or participating in any business. The new provision to the immigration ordinance came into force from November 14, 2009.
Hong Kong is a part of China but it enjoys a high degree of autonomy over its affairs, including immigration control.
Under the new law, a violator is liable on conviction to a fine of around $6,400 and imprisonment of up to three years. Till March 21, 2010, around 77 foreign nationals had been imprisoned for various violations of the new provision.
Corrado Chow, assistant director of the immigration department of Hong Kong, told journalists here on Monday that a reason for amending the law was the substantial number of non-ethnic Chinese and foreign nationals who were seeking to stay in, or reluctant to leave, Hong Kong. Around 6,400 foreign nationals had been reported so far for prolonging their stay by filing appeals or making asylum claims. Three-fourths of these foreign nationals were from South Asia — Pakistanis, Bangladeshis, Sri Lankans and Indians.
Between 2007 and now, about 1,500 Indians were reported to have overstayed in Hong Kong and another 122 took up unlawful employment. Most of these Indian nationals were manual labour, but some of them were engaged in buying and selling of metal scrap or were employed in factories in rural areas of Hong Kong.
“While there is no immediate plan to change the visa policy for Indian nationals, Hong Kong will review the visa policy from time to time with a view to striking a good balance between providing travel convenience on the one hand and maintaining effective immigration control and safeguarding the security of Hong Kong on the other,” Mr Corrado Chow said. However, he hastened to add that Hong Kong considered overstaying and unlawful employment by Indian nationals as “acts of individuals”; it was not a matter between governments. He asserted that Hong Kong treasured its friendship with India, and the Indian diaspora had made substantial contribution to the island’s economy.
Indian nationals are eligible for visa on arrival in Hong Kong, provided their stay is for a period of 14 days. India is the only south Asian country to enjoy this facility.