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Immigration to Hong Kong is the process by which people migrate to the Chinese special administrative region of Hong Kong for the purpose of residing there. The region has its own Hong Kong immigration policy governing how such migration may be carried, including for those immigrating from mainland China.
Originally a sparsely populated area of farming and fishing villages, [1] During the First Opium War, Hong Kong was initially ceded to the British by the Qing Empire, in the Convention of Chuenpi. [2] However, both countries were dissatisfied and did not ratify the agreement. [3] After more than a year of further hostilities, Hong Kong Island was formally ceded to the United Kingdom in the 1842 Treaty of Nanking. [4]
From 1898 to 1997, Hong Kong was under a 99-year lease to the United Kingdom, and within this period there was a refugee wave from the People's Republic of China to British Hong Kong, primarily between 1949 and 1979.
The Immigration Department in Hong Kong detains around 10,000 migrants [5] annually for immigration control and other reasons as stipulated in the Immigration Ordinance (Cap. 115). In Hong Kong, immigration detention is a form of administrative detention; the decision to deprive an individual of liberty is made by government officials, not courts.
There are four main immigration detention facilities in Hong Kong: Castle Peak Bay Immigration Centre (CIC), Ma Tau Kok Detention Centre (MTKDC), Tai Tam Gap Correctional Institution (TGCI), and Nei Kwu Correctional Institution (NKCI). In addition to these three facilities, immigration detainees can also be held at any police station, some hospitals, border points, and prisons. The Immigration (Places of Detention) Order (Cap. 115B) lays out the places of detention of immigration detainees and the relevant legislation that governs their treatment at each respective location. All in all, there are over 100 locations of immigration detention.
CIC holds adult immigration detainees and functions as a long-term detention centre. MTKDC holds detainees for short-term transfers. Both CIC and MTKDC are under the authority of the Immigration Department.
TGCI is a recent addition to Hong Kong’s immigration detention facilities. A previously defunct prison, it was recommissioned as an immigration detention facility on 28 May 2021. [6] TGCI holds only adult male [6] persons including non-refoulement claimants, [7] in particular persons deemed “security risks” by the Hong Kong government. [8] Notably, TGCI is run by the prison authority, the Hong Kong Correctional Services, and not the Immigration Department. TGCI is also the first facility representing the ‘smart prison initiative’. [9]
NKCI is the latest immigration detention facility. It was converted to into an immigration detention centre for on 18 May 2023. NKCI holds adult female persons under immigration powers, specifically the Immigration Ordinance. [10]
The treatment of detainees held at CIC is subject to the Immigration (Treatment of Detainees) Order (Cap. 115E) while treatment of detainees held at MTKDC is subject to the Immigration Service (Treatment of Detained Persons) Order (Cap. 331C).
On the other hand, the treatment of detainees held at TGCI and NKCI are subject to the Prison Rules (Cap. 234A), which is the same legislation governing the treatment of prisoners in Hong Kong.
In 2021, Hong Kong's public broadcaster Radio Television Hong Kong produced a documentary on immigration detention as part of their Hong Kong Connection (Chinese: 鏗鏘集) series. The documentary included an interview with a former detainee who revealed concerning rights violations that had occurred within the detention walls, including being held down and blindfolded during physical beatings, and forced to kneel and be handcuffed during meals. The documentary also included interviews with human rights lawyers and detention staff who spoke about solitary confinement in the 'padded room'.
In the same year, Stand News produced a series of articles on detention conditions at the then newly reopened Tai Tam Gap Correctional Institution. The Secretary for Security criticized the news outlet for "biased, smearing and demonising" the smart prison initiative. [11] Stand News closed down operations soon after [12]
In 2021, the Immigration Ordinance was amended to, among other reasons, prevent potential non-refoulement claimants from arriving in Hong Kong. [13] One of the amendments lowered the threshold for long periods of immigration detention by including administrative factors as justifications, including whether many non-refoulement claims are being processed and even if “there are situations beyond the control of ImmD”. [14] The amendments also allowed for increased access to weapons for detention staff [15] despite very low numbers of physical confrontations in immigration detention. [16] Civil society advocates have raised concerns that the amendments will limit procedural fairness for non-refoulement claimants such as by potentially barring them from accessing interpreters in legal proceedings, liaising with home countries to facilitate deportation prior to final conclusion of their applications, and restricting the time allowed for the appeal stage [15] [17]
Cases of COVID-19 in detention staff [18] and detainees [19] [20] [21] have led to suspension of visits from family and friends to detention centres.
Hei Ling Chau, formerly Hayling Chau, is an island of Hong Kong, located east of Silver Mine Bay and Chi Ma Wan of Lantau Island. Administratively, it is part of the Islands District.
Prisons in Hong Kong are correctional facilities in Hong Kong, which are managed by the Correctional Services Department. Facilities have different purposes. Hong Kong has one of the highest rates of imprisonment in the region.
The Frontier Closed Area, established by the Frontier Closed Area Order, 1951, and 1984 is a regulated border zone in Hong Kong that extended inwards from the border with Mainland China.
A Site of Special Scientific Interest or SSSI is a special area to protect wildlife, habitats and geographic features based on scientific interest in Hong Kong. Scientific interests are special features relating to animal life, plant life, geology and/or geography. After being identified by the Agriculture, Fisheries and Conservation Department, these areas are documented by the Planning Department and added to maps. From 1975 to 2005, 67 locations were designated SSSIs throughout Hong Kong.
The Hong Kong identity card is an official identity document issued by the Immigration Department of Hong Kong. According to the Registration of Persons Ordinance, all residents of age 11 or above who are living in Hong Kong for longer than 180 days must, within 30 days of either reaching the age of 11 or arriving in Hong Kong, register for an HKID. HKIDs contain amongst others the name of the bearer in English, and if applicable in Chinese. The HKID does not expire for the duration of residency in Hong Kong.
Tai Tam Country Park, also known simply as Quarry Bay Country Park (鰂魚涌郊野公園), on the eastern side of Hong Kong Island, is one of the twenty four statutory country parks in Hong Kong, and the twentieth to be so designated, in 1979.
Correctional Services Department (CSD) is responsible for the management of prisoners and prisons in Hong Kong. The Commissioner of Correctional Services reports to the Secretary for Security.
Articles related to Hong Kong include:
The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month.
Lok Fu is a place in Wong Tai Sin District, Kowloon, Hong Kong. It is located to the east of Kowloon Tsai, the west of Wong Tai Sin and the north of Kowloon City. It geographically includes nearby Wang Tau Hom.
The Hong Kong government started developing new towns in the 1950s to accommodate Hong Kong's booming population. During the first phase of development, the newly developed towns were called "satellite towns", a concept borrowed from the United Kingdom, of which Hong Kong was a colony. Kwun Tong, located in eastern Kowloon, and Tsuen Wan, located in the south-west of the New Territories, were designated as the first satellite towns, when the urban area in Hong Kong was still relatively small, restricted to the central and western parts of Kowloon Peninsula and the northern side of Hong Kong Island. Wah Fu Estate was also built in a remote corner on the southern side of Hong Kong Island, with similar concepts but at a smaller scale.
Heung Yuen Wai Control Point is a land border control point at the border at Heung Yuen Wai in North District, New Territories, Hong Kong. Its counterpart across the border is Liantang Port in Shenzhen, Guangdong. The control point opened for freight trucks on 26 August 2020 and to passengers since 6 February 2023.
San Uk Ling Holding Centre is a detention centre in Man Kam To, Hong Kong. Located a few hundred metres away from the Man Kam To Control Point, a boundary crossing facility between Hong Kong and mainland China, the centre opened in July 1979 to house illegal immigrants prior to their repatriation.
Lai Chi Kok Reception Centre is a prison in Lai Chi Kok, Kowloon, Hong Kong. It is operated by the Correctional Services Department and is one of the largest prisons in the territory.
Tai Tam Gap Correctional Institution is a prison in Eastern District, Hong Kong, operated by Hong Kong Correctional Services.
The penal system of Hong Kong, with its colonial tradition, is responsible for carrying out criminal penalties and the supervision and rehabilitation of former prisoners.