Hong Kong: Immigration update | March 2023

In brief

In this alert, we include a summary of recent changes that impact immigration requirements in Hong Kong:

  1. Visa applicants for selected talent admission schemes are now required to declare any criminal convictions.
  2. Removal of mandatory COVID-19 mask-wearing requirements.

Contents

In detail

1. Visa applicants for selected talent admission schemes are now required to declare any criminal convictions.

The Hong Kong government announced that from 26 February 2023, applicants seeking entry to Hong Kong through selected talent admission schemes are required to declare any criminal convictions and provide relevant details. In addition to the Top Talent Pass Scheme, this declaration also applies to the General Employment Policy, the Admission Scheme for Mainland Talents and Professionals, the Technology Talent Admission Scheme and the Immigration Arrangements for Non-Local Graduates and Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents. Applicants under the Foreign Domestic Helper schemes are excluded from making this declaration. 

Those who have already submitted their applications but have yet to have them approved are also required to supplement the relevant information.

Due to this new disclosure requirement, additional background checks may be conducted by the handling officers at the Hong Kong Immigration Department. Thus, applicants may experience longer processing times in their visa/entry permit applications.  Furthermore, applicants who fail to disclose serious criminal convictions or offences may have their applications rejected or visas cancelled.

Applicants must provide correct, complete and true information in their applications. It is an offence to knowingly and wilfully make a false statement or provide false information when applying for any visa for entry to Hong Kong. In accordance with section 42 of the Immigration Ordinance, offenders are liable on conviction upon indictment to a maximum penalty of a HKD 150,000 fine and imprisonment of 14 years.

The Hong Kong government will continue to adjust and review various visa policies and related procedures from time to time, and make timely adjustments based on the current situation.

2. Removal of mandatory COVID-19 mask-wearing requirements.

The Hong Kong government announced that from 1 March 2023, all mandatory COVID-19 mask-wearing requirements have been lifted. 

Members of the public in Hong Kong are no longer required to wear masks either indoors or outdoors, or on public transport. 

However, in order to protect high-risk groups in healthcare settings, members of the public are required to follow administrative mask-wearing requirements and wear masks when entering specified places such as healthcare facilities, residential care homes for the elderly, residential care homes for persons with disabilities and other high-risk premises. Furthermore, the Hong Kong government has advised individuals with weak immune systems or chronic illnesses to continue to wear masks in poorly ventilated places.

A negative COVID-19 rapid antigen test result is still required for all arrivals into Hong Kong (except travellers from Mainland China and Macao) and anyone who enters a healthcare facility such as a hospital, care home or any other high-risk premises. 

For more information, please contact Rowan.McKenzie@bakermckenzie.com or Charmaine.Ng@bakermckenzie.com.

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