TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 77

4.1.2 The department responsible for issuing visas

Views

have been expressed that persons who at present enjoy visa exemption should not require visas for entry to Hong Kong provided that they have sufficient funds and hold onward or return tickets. If visa application is required, it is proposed that:

1) The HKSAR may set up visa offices

can be independent of the

not

overseas. These offices Consulate, 1.e. they are affiliated to the Chinese Consulate, and are run by

Hong Kong people.

2) The

Chinese

be delegated by the SAR

offices.

issuing of visas can

government to the overseas foreign affairs Another view is that the SAR government may entrust the foreign affairs offices of other countries with this

responsibility.

3) Visas should be issued by the Chinese diplomatic

overseas.

offices

4) The issuing of visas can be delegated by

government to Hong Kong trade offices overseas.

the SAR

4.2

4.3

As regards the issuing of visas for persons of countries that do not have diplomatic relations with China, it can be delegated to the trade offices mentioned above or other countries be authorised to issue visas on behalf of the HKSAR.

Immigration to the HKSAR from overseas

Views have been expressed that as the SAR has absolute power of examination and approval on this issue of immigration to the HKSAR from overseas, there is no need for co-ordination between the SAR and the Central People's Government.

A member suggested that this problem did not exist because entry. stay-in and departure from Hong Kong would be regulated by Immigration control of HKSAR. For the person to acquire a right of abode, seven years or more ordinary

residence would be required. This would not be achieve for people from overseas.

easy to

mainland

will be

According to the present Immigration Ordinance, people who enter Hong Kong through illegal means repatriated to the place they come from. However, the Joint Declaration specifies that persons who shall have the right

of abode in the HKSAR are: "all Chinese nationals who were born or who have ordinarily resided in Hong Kong before or

after the

of the Hong Kong Special Administrative Region for a continuous period of 7 years more, and persons of Chinese nationality born outside Hong Kong of such Chinese nationals;

all other persons who

establishment

or

8