Immigration to Hong Kong is the process by which people

migrate Migration, migratory, or migrate may refer to: Human migration * Human migration, physical movement by humans from one region to another ** International migration, when peoples cross state boundaries and stay in the host state for some minimum le ...

to the Chinese special administrative region of

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

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 "Mainland China", also referred to as "the Chinese mainland", is a Geopolitics, geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addit ...

. Originally a sparsely populated area of farming and fishing villages, During the

First Opium War The First Opium War ( zh, t=第一次鴉片戰爭, p=Dìyīcì yāpiàn zhànzhēng), also known as the Anglo-Chinese War, was a series of military engagements fought between the British Empire and the Chinese Qing dynasty between 1839 and 1 ...

, Hong Kong was initially ceded to the British by the

Qing Empire The Qing dynasty ( ), officially the Great Qing, was a Manchu-led Dynasties of China, imperial dynasty of China and an early modern empire in East Asia. The last imperial dynasty in Chinese history, the Qing dynasty was preceded by the ...

, in the

Convention of Chuenpi The Convention of Chuenpi (also "Chuenpee", ) was a tentative agreement between British Plenipotentiary Charles Elliot and Chinese Imperial Commissioner Qishan during the First Opium War between the United Kingdom and the Qing dynasty of Ch ...

. However, both countries were dissatisfied and did not ratify the agreement. After more than a year of further hostilities, Hong Kong Island was formally ceded to the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

in the 1842

Treaty of Nanking The Treaty of Nanking was the peace treaty which ended the First Opium War (1839–1842) between United Kingdom of Great Britain and Ireland, Great Britain and the Qing dynasty of China on 29 August 1842. It was the first of what the Chinese ...

. From 1898 to 1997, Hong Kong was under a 99-year lease to the

, and within this period there was a

refugee wave from the People's Republic of China to British Hong Kong British Hong Kong was a major destination for refugees fleeing China in the 20th century. History Before Communist China China suffered a chronic refugee crisis in the first half of the 20th century, which worsened in the 1940s due to the Second ...

, primarily between 1949 and 1979.

Immigration detention in Hong Kong

The Immigration Department in Hong Kong detains around 10,000 migrants annually for immigration control and other reasons as stipulated in th
Immigration Ordinance (Cap. 115)
In Hong Kong, immigration detention is a form of

administrative detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...

; the decision to deprive an individual of liberty is made by government officials, not courts.

Relevant legislation

Immigration Ordinance (Cap. 115)
Reasons for immigration detention
Immigration (Places of Detention) Order (Cap. 115B)
Places where immigration detainees will be held
Immigration (Treatment of Detainees) Order (Cap. 115E)
Governs the treatment of detainees at Castle Peak Bay Immigration Centre
Immigration Service (Treatment of Detained Persons) Order (Cap. 331C)
Governs the treatment of detainees at Ma Tau Kok Detention Centre
Prison Rules (Cap. 234A)
Governs the treatment of immigration detainees at Tai Tam Gap Correctional Institution

Places of detention

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), an

In addition to these three facilities, immigration detainees can also be held at any police station, some hospitals, border points, and prisons. Th
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. TGCI holds only adult male persons including non-refoulement claimants, in particular persons deemed “security risks” by the Hong Kong government. Notably, TGCI is run by the prison authority, the

Hong Kong Correctional Services The 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. History Although the Chief Magistrate (now C ...

, and not the Immigration Department. TGCI is also the first facility representing the ‘smart prison initiative’. 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.

Treatment of detainees

The treatment of detainees held at CIC is subject to th
Immigration (Treatment of Detainees) Order (Cap. 115E)
while treatment of detainees held at MTKDC is subject to th
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 th
Prison Rules (Cap. 234A)
which is the same legislation governing the treatment of prisoners in Hong Kong.

Notable coverage

In 2021, Hong Kong's public broadcaster

Radio Television Hong Kong Radio Television Hong Kong (RTHK) is the public broadcasting service of Hong Kong. GOW, the predecessor to RTHK, was established in 1928 as the first broadcasting service in Hong Kong. As a government department under the Commerce and Economic ...

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 ''Stand News'' ( zh, t=立場新聞) was a free non-profit online news website based in Hong Kong from 2014 to 2021. Founded in December 2014, it was the successor of ''House News''. It primarily focused on social and Politics of Hong Kong, po ...

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. Stand News closed down operations soon after

Recent developments

In 2021, the Immigration Ordinance was amended to, among other reasons, prevent potential non-refoulement claimants from arriving in Hong Kong. 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”. The amendments also allowed for increased access to weapons for detention staff despite very low numbers of physical confrontations in immigration detention. 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

Impacts of COVID-19 pandemic

Cases of COVID-19 in detention staff and detainees have led to suspension of visits from family and friends to detention centres.

Immigration categories

Skilled immigrants

Quality Migrant Admission Scheme (QMAS) is a program that seeks to attract highly skilled persons to settle in

. An applicant does not need to obtain a job offer in advance before entering into

on a "skilled immigrants" transfer. Two sets of points system are used to evaluate applicants. These are the ''Achievement Based Points Test'' and the ''General Points Test''. Top Talent Pass Scheme is a program that seeks to attract persons who have a high income or have a degree from a top university to settle in

. Like QMAS, an applicant does not need to obtain a job offer in advance before entering into

Family class

Permanent residents can sponsor family members to immigrate to Hong Kong. The family member sponsored by the Permanent Resident must be either "their spouse, or an unmarried dependent child under the age of 18, or a parent aged 60 years or above".

Suspended categories

Capital investment

Under this category, investors from outside had to have

net assets Net worth is the value of all the non-financial and financial assets owned by an individual or institution minus the value of all its outstanding liabilities. Financial assets minus outstanding liabilities equal net financial assets, so net w ...

of no less than

HK$ The Hong Kong dollar (, sign: HK$; code: HKD) is the official currency of Hong Kong. It is divided into 100 cents. Historically, it was also divided into 1000 mils. The Hong Kong Monetary Authority is the monetary authority of Hong Kong an ...

10 million (

US$ The United States dollar (Currency symbol, symbol: Dollar sign, $; ISO 4217, currency code: USD) is the official currency of the United States and International use of the U.S. dollar, several other countries. The Coinage Act of 1792 introdu ...

1,300,000) to which they are entitled throughout the 2 years before submitting their application. (This amount was increased from HK$6.5M on 14 October 2010, and is to be reviewed every three years.) The Capital Investment Entrant Scheme was suspended on 15 January 2015

Opposition

Pro-democracy Democratization, or democratisation, is the structural government transition from an authoritarian government to a more democratic political regime, including substantive political changes moving in a democratic direction. Whether and to what ...

politician Gary Fan has been frequently calling for the government to take back the approval rights on

One-way Permit The Permit for Proceeding to Hong Kong and Macao, colloquially known as the One-way Permit, is a travel document issued by the Exit and Entry Administration of the People's Republic of China. This passport-size document is issued for its be ...

s from Chinese authorities and to reduce the quota of such permits. Fan also refers to immigrants from mainland China and the quota of 150 daily permits as "the root of the housing problem". In January 2013, Gary Fan and

Claudia Mo Claudia Mo Man-ching (born 18 January 1957) is a Hong Kong journalist and politician, a member of the pan-democracy camp. She represented the Kowloon West geographical constituency, until November 2020 when she resigned along other pro-demo ...

formed a group called " HK First". They co-sponsored a controversial ad which claimed that reducing immigration would help the people of Hong Kong to get to the bottom of the housing problem, while rejecting claims of bias or discrimination against mainlanders, despite condemnation from the Equal Opportunities Commission. Fan later introduced a motion on adhering to the need to "put Hong Kong people first" in formulating policies, but the motion was ultimately defeated. Many political parties in Hong Kong are opposed to large-scale Chinese immigration citing its impact on freedom and locals resources, especially in primary schools, public housing and certain jobs. These parties include most of pro-democracy parties such as Neo Democrats,

Hong Kong Indigenous Hong Kong Indigenous (; ) is a localist political group established in 2015. It is known for its hardline localist stances and militant methods of protesting. It has been actively involved in protests and engaged into violent clashes with pol ...

and

Youngspiration Youngspiration is a localist political party in Hong Kong founded in 2015. It emerged after the 2014 Hong Kong protests (often dubbed as the "Umbrella Revolution") with an agenda of protection of Hong Kong people's interests and culture again ...

. Many pro-democracy parties have stated that they don't oppose legal migration from mainland China but have urged to take back control of One-way permit. A 2012 poll found more than half (51%) of Hong Kongers thought the number of mainland immigrants allowed into Hong Kong should decrease. Only 16% thought immigration should increase.Many Hong Kongers urge cut number mainland Chinese immigrants

South China Morning Post The ''South China Morning Post'' (''SCMP''), with its Sunday edition, the ''Sunday Morning Post'', is a Hong Kong-based English-language newspaper owned by Alibaba Group. Founded in 1903 by Tse Tsan-tai and Alfred Cunningham, it has remaine ...

References

{{Asia topic , Immigration to Immigration law in Hong Kong