ENG-1999 — Page 490

POPULATION AND IMMIGRATION

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December 3, 1999, that the interpretation of Articles 22(4) and 24(2)(3) of the Basic Law made by the NPCSC on June 26, 1999, was lawful and constitutional and that the interpretation has effect as from July 1, 1997.

The judgment also expressly affirms that the C of E Scheme has since July 1, 1997, been constitutional. Accordingly, Mainland persons in Hong Kong claiming right of abode under Article 24(2)(3) of the Basic Law have to apply for a C of E in the Mainland to the Director of Immigration through the Mainland authorities and to obtain a One-way Permit from the Mainland authorities for entry into Hong Kong. Mainland right of abode claimants who fail to comply with these requirements have to return to the Mainland to make applications. They include overstayers and illegal immigrants.

The immigration problems relating to the ROA issue have been resolved in a lawful and constitutional manner. The entry of Mainland residents, coming to Hong Kong for settlement, continues to be regulated in an orderly fashion.

Entry for Employment

Hong Kong maintains an open and liberal policy towards entry for employment. Foreigners who possess special skills, knowledge or experience of value to and not readily available in Hong Kong, or who are in a position to make substantial contributions to its economy are welcome to come to work. These people may bring along spouses and children under 21 to Hong Kong, and after seven years of residence, may apply to become permanent Hong Kong residents. In 1999, 14 521 professionals and persons with technical, administrative or managerial skills from more than 70 countries were admitted for employment.

Talents Admission Scheme

Following a feasibility study by an inter-departmental task force headed by the Secretary for Security, a pilot scheme has been finalised on admission of talented people. The scheme targets outstanding persons, especially those from the Mainland, who are able to enhance Hong Kong's competitiveness as a technology-oriented manufacturing and services centre. They will bring with them qualifications, experience or skills not readily available in Hong Kong. A selection committee. comprising representatives of government departments and members of the public with knowledge and experience in technology will be set up to examine applications. Consultations have been completed with the Central People's Government on arrangements for outstanding talent in the Mainland to enter Hong Kong for employment.

Illegal Immigration

The HKSAR vigilantly guards against the entry of Mainland illegal immigrants. The total daily average arrest figure Hong Kong-wide for 1999 was 33, a 17.5 per cent drop compared with 40 in 1998.

Most illegal immigrants came to the HKSAR seeking jobs. Frequent checks were conducted on construction sites, factories and other places of employment. Illegal immigrants found working were prosecuted before repatriation. Their employers were also prosecuted. Immediate custodial sentences were imposed on the employers and the illegal workers.