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CONFIDENTIAL
Immigration Control on entry from China, 1967 - Present
9.
The 1967 disturbances in Hong Kong and the Cultural Revolution in China virtually ended all immigration control over entry from China. The Hong Kong Immigration presence on the Sino-British border was withdrawn from the Lo Wu Bridge for fear. that the officers might be abducted into Chinese territory. (This was recently re-established in January 1974, but it serves only as a token presence without exercizing any form of "control".) From then on, both the quota system and the requirement for non- Cantonese entrants to hold entry permits effectively ceased to exist. There was a period immediately after the withdrawal of the Immigration presence at Lo Wu Bridge in 1967 when all Chinese legal immigrants who did not hold an entry permit (including some non-Cantonese) were classified as "quota entrants". However, for Hong Kong Immigration purposes, legal entrants from China continued to be classified as "quota entrants" (residents of Kwangtung Province) and "non-quota entrants" (non-Cantonese, overseas Chinese, and CPG Passport holders). This practice continued until today.
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10.
Chinese legal immigrants, as such, do not have a legal right to unlimited stay in Hong Kong. However, prior to July 1972, all Chinese immigrants from China, whether quota or non-quota entrants, were granted unlimited stay, subject to clearance by Special Branch. On 1st April, 1972, the Immigration Ordinance (Cap. 115), which created the status of "Chinese resident", into force. On 1st July, 1972 it was decided on "security grounds" to land all non-quota entrants on limitation of stay (usually 12 months and renewable every 12 months). When the immigrants (who are of Chinese race) have stayed here continuously for 7 years and acquired Chinese resident status, they would then have a legal right to land in Hong Kong and would then be entitled to unlimited stay.
Present Definitions of Quota Entrants and Non-quota Entrants
11.
The Immigration Department classifies, at Lo Wu, legal immigrants from China broadly into two categories: "Quota Entrants" and "Non-quota Entrants" (which is then subdivided into 3 sub- categories: Non-Cantonese, Overseas Chinese, and CPG Passport holders). A "Quota Entrant" is defined as a "genuine resident of Kwangtung Frovince who has spent a large proportion of his life in Kwangtung". It must be borne in mind that this is a vague definition, and because of the need to make instant classification at Lo Wu, is very often a hit-and-miss affair. For example, a Chinese of Kwangtung origin who was born in Indonesia but had returned to and lived in Kwangtung Province since early childhood and spent a large part of his life there, might (or might not) be classified as an overseas Chinese instead. Equally, a Chinese born say in Shantung Province but who had lived a large part of his life in Kwangtung Province (because of work) might (or might not) be classified as a non-Cantonese because of his place of birth. In view of this difficulty in classifying correctly, we may occasionally end up with members of the same family being accorded different status, especially if they enter Hong Kong on separate detes.
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CONFIDENTIAL
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