Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Hong Kong Entry

Sources report that the Hong Kong Special Administrative Region (SAR) has its own immigration system (UK 17 Aug. 2012; Freedom House 2012; US 24 May 2012, 106-107). The United States (US) Department of State’s Country Reports on Human Rights Practices for 2011 specifies that the Hong Kong government manages its own entry policies (ibid.).

However, Freedom House indicates that "periodic denials of entry to democracy activists, Falun Gong practitioners, and others have raised suspicions that the government [of Hong Kong] is enforcing a Beijing-imposed political blacklist, particularly at sensitive times" (Freedom House 2012). Similarly, according to Country Reports 2011,

[t]here continued to be cases in which persons travelling to the SAR for reasons that did not appear to contravene the law were refused entry by the [Hong Kong] Immigration Department…. Activists, some legislators and others contended that the refusals, usually of persons holding critical views of the mainland, were made at the behest of the [People's Republic of China] authorities. The Security Bureau countered that, while the Immigration Department exchanges information with other immigration authorities including the mainland, it makes its decisions independently. (US 24 May 2012, 107)

However, it should be noted that the specific examples of individuals barred from entry to China indicated by sources are those of persons now living outside of China (ibid.; Freedom House 2012).

2. Entry Requirements to Hong Kong from Mainland China

Article 22 of the Basic Law of Hong Kong states: "For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval" (Hong Kong 1 Apr. 2012). According to the website of the Hong Kong Immigration Department, individuals who wish to travel to Hong Kong from Mainland China must obtain an "Exit-entry Permit for Travelling to and from Hong Kong and Macao" (ibid.). Officials from Mainland China travelling on official business must obtain "an Exit-Entry Permit for travelling to and from Hong Kong and Macao for official purposes" (ibid.).

The website also notes that Chinese passport holders may be allowed to stay in Hong Kong for up to seven days without the need for an entry permit while in transit to or from another country or territory, as long as the "usual immigration requirements are met, including possession of valid entry facilities for the destination and confirmed onward booking for the overseas journey" (ibid.).

The website also explains that with the exception of those on official visits, residents of Mainland China who wish to travel to Hong Kong must also obtain different types of exit endorsements depending on the travel purpose from the "relevant" Public Security Bureaus in Mainland China (ibid.). Those taking part in official visits are required to obtain "an appropriate endorsement relating to the purpose of entry at the Hong Kong and Macao Affairs Office" (ibid.).

The website provides the following details on the different types of exit endorsements and their conditions for those not travelling on official business (ibid.). When visiting relatives, Mainland residents must obtain an exit endorsement for visiting relatives (Tanqing) (ibid.). When travelling as part of a tour group, individuals must obtain an endorsement for group visit (Tuandui Luyou) and arrive and depart with their group (ibid.). Residents of Guangdong province and of 28 mainland cities, including Shanghai and Beijing, may travel for sightseeing with an endorsement for an individual visit (Geren Luyou) (ibid.). Business travellers must obtain a Shangwu endorsement (ibid.). In addition, travellers can also obtain an endorsement for "other purposes" (Qita), such as seeking medical care, attending a funeral or "taking part in proceedings" (ibid.).

Details on the procedures to obtain exit-entry permits for travelling to and from Hong Kong and Macao and exit endorsements by public security bureaus in Mainland China could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Hong Kong Special Administrative Region Re-Entry Permits

The website of the government of Hong Kong Special Administrative Region (HKSAR) explains that some Hong Kong residents are issued Re-entry Permits when travelling to Mainland China and to the Macao Special Administrative Region (Macao SAR) (Hong Kong June 2011). According to the website, in addition to non-Chinese nationals who have been granted unconditional stay in Hong Kong and who cannot obtain passports from other countries or regions, some Chinese citizens who either have the right to abode or have been granted unconditional stay in Hong Kong may need Re-entry Permits (ibid.).

According to the website, "holders of Hong Kong identity cards bearing '***', '*' or 'R' symbol or locally issued Hong Kong permanent identity cards, who are aged 11 or above, can travel from Hong Kong to the Mainland and Macao SAR and vice versa without producing an HKSAR Re-entry Permit or other travel documents" (ibid.). The website adds that those under 11 years of age do not need to produce a Re-Entry Permit if they have "a valid Hong Kong Permanent Identity Card issued locally and a valid Hong Kong SAR passport" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Freedom House. 2012. "Hong Kong." Freedom in the World 2012. [Accessed 14 Sep. 2012]

Hong Kong. 1 April 2012. Immigration Department. "Arrangement for Entry to Hong Kong from Mainland China." [Accessed 14 Sept. 2012]

_____. June 2011. "Eligibility for HKSAR Re-entry Permit." [Accessed 19 Sept. 2012]

United Kingdom (UK). 17 August 2012. Foreign and Commonwealth Office (FCO). "Hong Kong (SAR of China)." [Accessed 14 Sept. 2012]

United States (US). 24 May 2012. "China (Includes Tibet, Hong Kong, and Macau." Country Reports on Human Rights Practices for 2011. [Accessed 18 Sept. 2012]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the Embassies of China in Ottawa and Washington were unsucessful.

Internet sites, including: Amnesty International; Australia — Refugee Review Tribunal; China — Ministry of Public Security; ecoi.net; The Economist; Factiva; Freedom House; Hong Kong Tourism Board; Human Rights Watch; Lonely Planet; People’s Daily; South China Morning Post; United Nations Refworld.