Immigration to Hong Kong

Immigration to Hong Kong is the process by which people migrate to the Chinese special administrative region of Hong Kong 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.

Originally a sparsely populated area of farming and fishing villages,^[1] During the First Opium War, Hong Kong was initially ceded to the British by the Qing Empire, in the Convention of Chuenpi.^[2] However, both countries were dissatisfied and did not ratify the agreement.^[3] After more than a year of further hostilities, Hong Kong Island was formally ceded to the United Kingdom in the 1842 Treaty of Nanking.^[4]

From 1898 to 1997, Hong Kong was under a 99-year lease to the United Kingdom, and within this period there was a refugee wave from the People's Republic of China to British Hong Kong, primarily between 1949 and 1979.

Immigration detention in Hong Kong

The Immigration Department in Hong Kong detains around 10,000 migrants^[5] annually for immigration control and other reasons as stipulated in the Immigration Ordinance (Cap. 115). In Hong Kong, immigration detention is a form of administrative detention; 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), and Nei Kwu Correctional Institution (NKCI). In addition to these three facilities, immigration detainees can also be held at any police station, some hospitals, border points, and prisons. The 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.^[6] TGCI holds only adult male^[6] persons including non-refoulement claimants,^[7] in particular persons deemed “security risks” by the Hong Kong government.^[8] Notably, TGCI is run by the prison authority, the Hong Kong Correctional Services, and not the Immigration Department. TGCI is also the first facility representing the ‘smart prison initiative’.^[9]

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.^[10]

Treatment of detainees

The treatment of detainees held at CIC is subject to the Immigration (Treatment of Detainees) Order (Cap. 115E) while treatment of detainees held at MTKDC is subject to the 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 the 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 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 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.^[11] Stand News closed down operations soon after ^[12]

Recent developments

In 2021, the Immigration Ordinance was amended to, among other reasons, prevent potential non-refoulement claimants from arriving in Hong Kong.^[13] 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”.^[14] The amendments also allowed for increased access to weapons for detention staff^[15] despite very low numbers of physical confrontations in immigration detention.^[16] 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^[15]^[17]