Personal Documentation Branch
Commanded by an Assistant Director, the Personal Documentation Branch comprises the Documents Division and the Registration of Persons Division. Each division is headed by a Principal Immigration Officer.
The Documents Division deals with applications for Hong Kong Special Administrative Region (HKSAR) passports and other HKSAR travel documents, matters relating to the implementation of the Nationality Law of the People’s Republic of China in Hong Kong, as well as registration of births, deaths and marriages. The Registration of Persons Division deals with applications relating to claims to right of abode under the Basic Law, issuance of identity cards to Hong Kong residents, maintenance of registration of persons records, negotiations on visa-free travel arrangements for HKSAR residents and provision of assistance to Hong Kong residents in distress outside Hong Kong. The Registration of Persons and HKSAR Passports Appeal Section under the Registration of Persons Division is responsible for handling appeals relating to permanent identity card and HKSAR passport applications.
Registration of Persons
Since the Immigration Department took over from the previous Registration of Persons Department all duties relating to the registration of persons in Hong Kong in April 1977, the Department has been responsible for registering and issuing identity cards as well as providing related services to Hong Kong residents. Performing this additional role, the Director of Immigration is appointed the Commissioner of Registration. Immigration officers and clerical staff posted to the Registration of Persons Offices are appointed registration officers. At present, registration of persons services are provided in five offices: one on Hong Kong Island, two in each of Kowloon and the New Territories.
Hong Kong Identity Cards
Since 1949, all Hong Kong residents have been required to register for identity cards. The first kind of identity cards were of paper type. These paper type identity cards were subsequently replaced by laminated ones upon implementation of the Registration of Persons Ordinance in 1960. For better maintenance of records, a territory-wide Identity Card Re-issue Exercise was launched in 1983 to introduce more secure identity cards. It was followed by the second Identity Card Re-issue Exercise starting on 1 July 1987 when Hong Kong permanent identity cards containing a statement that the holder had the right of abode in Hong Kong were issued to permanent residents, and Hong Kong identity cards without such statement were issued to non-permanent residents.
Smart Identity Cards
The Department commenced the issue of smart identity cards to Hong Kong residents on 23 June 2003. The card employs state-of-the-art technologies to make it more secure and fraud-resistant. The card holder’s personal particulars are engraved by laser on the card surface, and the templates of his two thumbprints as well as his facial image are stored in a chip and protected by sophisticated cryptographic techniques.
The smart identity card enables the Department to use the fingerprint identification technology to quickly authenticate the card holder’s identity. Since the end of 2004, Hong Kong permanent residents aged 11 or above holding smart identity cards have been able to enjoy the convenience of the Automated Passenger Clearance System (e-Channel) at control points.
Since April 2005, cross-boundary drivers who are Hong Kong permanent residents holding smart identity cards have been able to enjoy the facilitation of the vehicular e-Channel at vehicular control points. This service was further extended to certain categories of eligible non-permanent residents in 2006 for the convenience of the public.
Since 24 January 2006, the e-Channel service has been further extended to holders of Document of Identity for Visa Purposes with smart identity cards. Starting from 12 September 2006, persons holding smart identity cards who have the right to land or are on unconditional stay in Hong Kong, or who are non-permanent residents issued with a notification label can also use the e-Channel service.
Moreover, since 10 December 2009, Hong Kong permanent residents aged 11 or above may travel to Macao on the strength of their smart identity cards and enjoy the enhanced immigration facilitation through the Macao Automated Passenger Clearance System after successful enrolment.
The smart identity card also has the capacity to support other value-added non-immigration applications, such as public library services, storage of e-Certificate, etc. It enables the card holder to enjoy the convenience of one card with multiple uses.
Registration for Identity Cards
Under the Registration of Persons Ordinance, Hong Kong residents of or over the age of 11 are required to register for an identity card unless they are specifically exempted or excluded from such provision, for example, the aged, the blind, the infirm and Vietnamese refugees. Any person who is not the holder of an identity card and is required by law to be registered must apply for one within 30 days of his arrival in Hong Kong or of the date when he is so required to apply. In 2016, 393,760 and 192,500 identity cards were issued to permanent residents and non-permanent residents respectively.
The Registration of Persons Tribunal was established in 1987 under Section 3C of the Registration of Persons Ordinance to provide a channel of appeal arising from the decision of not to issue a permanent identity card or to declare a permanent identity card invalid. In 2016, the Department received 110 appeals from the Tribunal.
Replacement for Identity Cards
Replacement identity cards are issued to persons whose previous identity cards have been lost, damaged or defaced, or whose identity cards require amendments because of changes in personal particulars such as name or date of birth. In 2016, 194,314 replacement identity cards were issued.
One-stop-shop Service for One-way Permit Entrants
Effective from 24 April 2006, One-way Permit entrants aged 11 or above may simultaneously submit applications for Hong Kong Document of Identity for Visa Purposes when applying for first registration of Hong Kong identity card at the Registration of Persons – Kowloon Office. Effective from the same date, the processing time for applications for Hong Kong Document of Identity for Visa Purposes has been shortened from 15 to 10 working days.
Round-the-clock Appointment Booking System
The 24-hour Telephone Appointment Booking System and the appointment booking through the Internet for identity cards under the Electronic Service Delivery (ESD) Scheme were introduced on 1 December 1994 and 9 December 2000 respectively to offer convenient booking for registration of persons services. With effect from 21 June 2010, the appointment booking period for applications for an identity card has been extended from 12 to 24 working days. Subsequent changes to or cancellation of the appointment can also be made one working day prior to the scheduled appointment date.
With effect from 2 January 2008, appointment booking through the Government Portal, GovHK, has been introduced to replace the ESD Scheme. With effect from the same date, an applicant may also choose to receive a free appointment reminder two days before the scheduled appointment date.
Certificate of Registered Particulars
Certificates of Registered Particulars are issued to provide records of the particulars furnished or reported to a registration officer, including particulars which are not shown on the identity cards. They are used for a number of purposes. One of them is to support applications for emigration. In 2016, 25,994 certificates were issued.
Registration of Persons Records
One of the main tasks of the Department is to maintain registration of persons records of a population of some seven million. To facilitate storage, retrieval and maintenance, all these records were converted to digital images in 2003-2004. The Image Management System which has replaced the old microfilm technology facilitates round-the-clock identity card record checks for other law enforcement departments and helps combat illegal immigration effectively. It also provides a database of eligible Hong Kong permanent residents who have the right to vote and the right to stand for election.
Right of Abode in HKSAR
Background
Under the law, all Hong Kong permanent residents have the right of abode in Hong Kong which includes the right to land in Hong Kong, the right to be free from any condition of stay in Hong Kong, and the right not to be deported or removed from Hong Kong.
Article 24 of the Basic Law sets out six categories of persons who are permanent residents of the HKSAR. On 1 July 1997, the Immigration Ordinance was amended to align the right of abode provisions with those in the Basic Law. As a result, the conditions for acquiring the right of abode in Hong Kong were clearly defined.
Promulgation of the 'Right of Abode' Issue
There are transitional provisions in the Schedule to the Immigration Ordinance for overseas Hong Kong residents to retain their right of abode. One of the provisions is for those persons not of Chinese nationality who had the right of abode in Hong Kong before 1 July 1997 but did not return to settle in Hong Kong immediately before that date to retain such right by returning to settle in Hong Kong on or before 31 December 1998. Persons of this category who only return to settle in Hong Kong after 31 December 1998 and had been absent from Hong Kong for a continuous period of not less than 36 months, will lose the right of abode but automatically acquire the right to land. Furthermore, Hong Kong permanent residents not of Chinese nationality who have been absent from Hong Kong for a continuous period of not less than 36 months after they ceased to have ordinarily resided in Hong Kong will also lose the right of abode but automatically acquire the right to land. Persons with the right to land will still be able to enter Hong Kong freely to live, study and work without any restriction.
Verification of Eligibility for Permanent Identity Card (VEPIC)
After the Reunification, the Department started to process the right of abode applications in accordance with the Basic Law and the Immigration Ordinance. Successful applicants aged 11 or over will be arranged to register for a permanent identity card under the provisions of the Registration of Persons Ordinance. Successful applicants aged under 11 will be issued with a letter confirming their eligibility. If they hold valid travel documents, they may apply for an endorsement to be made on their travel documents confirming that their eligibility for a permanent identity card was verified. In 2016, the Department received a total of 77,371 VEPIC applications. In the same year, a total of 77,337 applications were finalised.
e-Services for VEPIC applications
To provide more facilitation to the applicants, a new e-Service has been introduced on the submission of VEPIC applications effective from 27 February 2009. Through the website of GovHK, applicants may complete and print the application forms online. After signing and scanning the completed forms together with the supporting documents, the applicants may submit their VEPIC applications through the Internet. Applicants can also make use of the e-Service to submit further supporting documents if they are required to do so; and to enquire about or change their scheduled appointments for verification of documents. Moreover, with effect from 30 November 2009, applicants who have submitted VEPIC applications can also enquire about the application status through the Internet or the 24-hour Telephone Enquiry System.
Visa-free Lobbying for HKSAR Passport Holders
To provide greater travel convenience, the Department continues its efforts in actively lobbying for visa-free access or visa-on-arrival for HKSAR passport holders. In 2016, Saint-Barthelemy and Saint-Martin (French Overseas Territories) agreed that HKSAR passport holders can visit the territories visa-free for a stay of up to 90 days over a period of 180 days. Besides, HKSAR passport holders will be granted a 45-day visit visa upon arrival in Comoros. HKSAR passport holders will also be granted a visit visa upon arrival at Nouakchott International Airport or the land border crossing checkpoint in Nouadhibou in Mauritania, and the duration of stay will be determined by the competent authorities upon arrival. In addition, HKSAR passport holders will be granted a visit visa upon arrival in Madagascar for a stay not exceeding 90 days. As at the end of 2016, a total of 157 countries and territories have granted visa-free access or visa-on-arrival to HKSAR passport holders.
Assistance Provided to Hong Kong Residents in Distress Outside Hong Kong
The Assistance to Hong Kong Residents Unit (AHU) of the Department works closely with the Security Bureau, the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the HKSAR, Chinese diplomatic and consular missions in overseas countries, consulates in Hong Kong, the Office of the Government of the HKSAR in Beijing (Beijing Office), the Economic and Trade Office in Shanghai (SHETO), the Economic and Trade Office in Chengdu (CDETO), the Economic and Trade Office in Guangdong (GDETO), the Hong Kong Economic, Trade and Cultural Office (Taiwan) and other government departments in providing practical assistance to Hong Kong residents in distress outside Hong Kong. Hong Kong residents requiring emergency assistance in any country/territory can call the AHU 24-hour Hotline at (852) 1868.
To provide timely and professional guidance and assistance to Chinese citizens in distress overseas, the Ministry of Foreign Affairs (MFA) has set up the Global Emergency Call Centre for Consular Protection and Services and launched the 24-hour hotline 12308. The MFA emergency call centre will, according to the actual situation and needs, refer assistance requests from Hong Kong residents to the AHU for follow-up.
In 2016, several major incidents involving a number of Hong Kong residents occurred outside Hong Kong, including Hong Kong residents being stranded in Turkey (July), Hong Kong residents being attacked in Germany (July), the traffic accident in Hokkaido, Japan (August), the traffic accident in Jieyang in Guangdong involving a Hong Kong tour group (August), the traffic accident in Koh Samui, Thailand (September) and the traffic accident in Brisbane, Australia (October). The AHU worked closely with the Office of the Commissioner of the Ministry of Foreign Affairs (OCMFA) in Hong Kong, Chinese diplomatic and consular missions overseas, consulates in Hong Kong, Offices of the HKSAR Government in the Mainland and other government departments to provide all practical assistance to the affected Hong Kong residents and their family members. In 2016, the unit handled 159,515 enquiries and 2,808 requests for assistance from Hong Kong residents.
The Department stepped up publicity to enhance public awareness of outbound travel safety in 2016, including a seminar on ‘Overseas Safety and Consular Protection’ jointly organised with the OCMFA in May, an exhibition and a press interview on consular protection and the work of AHU in July and September respectively, and a seminar jointly organised with the OCMFA and the Travel Industry Council of Hong Kong in December to promote the use of Registration of Outbound Travel Information service.
Commencement of Operation of the Immigration Division of the Hong Kong Economic and Trade Office in Shanghai (SHETO)
The Immigration Division of the SHETO of the HKSAR Government commenced operation on 25 October 2016 to provide assistance to Hong Kong residents in distress in the municipality of Shanghai as well as in Zhejiang, Jiangsu, Anhui and Shandong Provinces.
Registration of Outbound Travel Information (ROTI)
The ROTI service was launched in late 2010. Hong Kong residents can input their contact details and itinerary through this online service before travelling outside Hong Kong. The information provided will enable the Assistance to Hong Kong Residents Unit of the Immigration Department to contact and help Hong Kong residents in the event of an emergency outside Hong Kong. The registrants can, in addition to using their My Messages box of MyGovHK, receive updates on the Outbound Travel Alerts and related public information via their registered email address. The registrants may also choose to register their overseas mobile phone number and receive SMS via this registered phone number.
Immigration Branch Offices
Apart from the Immigration Headquarters in Wan Chai, the Department provides services to members of the public through its six Immigration Branch Offices at convenient locations. Of these branch offices, one is on Hong Kong Island, two in Kowloon and three in the New Territories.
Hong Kong Travel Documents
The Hong Kong Special Administrative Region Passports Ordinance provides for the issue of HKSAR passports and other related matters while the authority for the issue of other HKSAR travel documents is enshrined in the Immigration Ordinance and the Immigration Regulations.
HKSAR Passport
The Immigration Department is the sole authority to issue HKSAR passports. Under the law, HKSAR passports are issued only to Chinese citizens who have the right of abode in Hong Kong and who hold valid Hong Kong permanent identity cards. Applications for HKSAR passports can be submitted by the applicants to the Department either by post, through drop-in boxes, in person or via the Internet (for eligible applicants aged 11 or above). Eligible applicants aged 18 or above may also submit their applications via the self-service kiosk. With effect from 29 December 2011, eligible applicants born in Hong Kong and aged 11 to 17 can also submit their HKSAR passport applications through the self-service kiosks at the Immigration Headquarters.
Applicants staying overseas may submit their applications through the Chinese diplomatic and consular missions or send them by post to the Department directly. With effect from 7 November 2016, applicants who are in the Mainland may also submit their replacement applications and subsequently collect their new passports through the Immigration Divisions of the Beijing Office, SHETO, CDETO and GDETO. The processing of applications and the personalisation of HKSAR passports are centrally handled by the Department.
To be in line with the global development championed by the International Civil Aviation Organisation to enhance the security standards of travel documents, the Department started issuing the HKSAR electronic passports on 5 February 2007. The electronic passport employs advanced anti-forgery features and contains a contactless integrated circuit chip that stores the facial image and personal information of the holder. The passport issuing procedures are monitored and controlled by a unique computer system while the production sites at the Immigration Headquarters are guarded by stringent measures and security installations. The HKSAR passport has won international recognition and has been regarded as one of the most secure passports in the world. Many foreign government officials have expressed their interests in the Department’s passport issuing system.
In 2016, the Department received 708,357 HKSAR passport applications. As at the end of 2016, the Department had received a total of 10,782,517 HKSAR passport applications and issued 10,241,573 passports.
The HKSAR Passports Appeal Board was established on 7 September 1998 under the Hong Kong Special Administrative Region Passports (Appeal Board) Regulation to provide a channel of appeal to unsuccessful applicants of HKSAR passports. In 2016, the Department received five appeals from the Appeal Board.
Document of Identity for Visa Purposes
A Document of Identity for Visa Purposes is valid for seven years. It is issued to Hong Kong residents who are unable to obtain a national passport or travel document of any other countries or territories. The vast majority of the applicants are legal immigrants from the Mainland who have not yet resided in Hong Kong continuously for seven years. The Department started issuing electronic Documents of Identity for Visa Purposes on 5 February 2007. Bearing similar security features adopted in the electronic HKSAR passport, the electronic Document of Identity for Visa Purposes also contains a contactless integrated circuit chip. In 2016, 66,660 Documents of Identity for Visa Purposes were issued.
Seaman's Identity Book
A Seaman’s Identity Book is valid for 10 years. It is issued to seafarers who are Hong Kong residents having the right of abode or having been granted unconditional stay in the HKSAR, including non-Chinese citizens who are unable to obtain a national passport or travel document of any other countries or territories. In 2016, 12 Seaman’s Identity Books were issued.
Re-entry Permit
A Re-entry Permit is valid for a maximum period of five years and is good for travel to and from the Mainland and Macao. It is issued mainly to Hong Kong residents who are Chinese citizens and who have the right of abode in Hong Kong or have been granted unconditional stay. Since most Hong Kong residents will use their identity cards to travel to the Mainland or Macao. Re-entry Permits are therefore used mostly by children under the age of 11 and residents who have lost their identity cards but need to travel to the Mainland or Macao before they are issued with replacements. In 2016, 101,074 Re-entry Permits were issued.
Chinese Nationality
Authority
The Immigration Department of the Hong Kong Special Administrative Region is authorised by the Central People’s Government to deal with nationality applications from Hong Kong residents from 1 July 1997 in accordance with the Nationality Law of the People’s Republic of China and the ‘Explanations’ adopted by the Standing Committee of the National People’s Congress on 15 May 1996. The Chinese Nationality (Miscellaneous Provisions) Ordinance was enacted to provide for matters relating to the implementation of the Nationality Law of the People’s Republic of China in the HKSAR.
Declaration of Change of Nationality
Hong Kong residents who are Chinese nationals and holding foreign passports may make a declaration of change of nationality to the Department if they would like to be regarded as foreign nationals in Hong Kong. In 2016, 200 Hong Kong residents declared change of nationality.
Naturalisation, Renunciation or Restoration of Chinese Nationality
In 2016, the Department received 1,631 applications for naturalisation as a Chinese national, 129 applications for renunciation of Chinese nationality and eight applications for restoration of Chinese nationality.
Overseas Hong Kong residents may submit their nationality applications (including declaration of change of nationality, naturalisation as a Chinese national, renunciation and restoration of Chinese nationality) to the Department through the Chinese diplomatic and consular missions. Applications may also be submitted directly to the Department. In 2016, 121 applications for renunciation of Chinese nationality, 60 applications for declaration of change of nationality and one application for naturalisation as a Chinese national were received through Chinese diplomatic and consular missions. The Department received 14 direct applications from overseas, including 12 for declaration of change of nationality and two for renunciation of Chinese nationality.
Births, Deaths and Marriage Registration
Since the taking over of civil registration duties from the Registrar General’s Department in July 1979, the Department has been responsible for the registration of births, deaths and marriages, and the provision of related services. For this purpose, the Director of Immigration is appointed the Registrar of Births and Deaths and the Registrar of Marriages while executive officers posted to marriage registries and immigration officers posted to marriage registries or births and deaths registries are appointed deputy registrars. Since April 2006, eligible solicitors or notaries public, if appointed by the Registrar of Marriages as Civil Celebrants of Marriages, may celebrate marriages as stipulated under the Marriage Ordinance. As at the end of 2016, there was a total of 2,070 appointed civil celebrants of marriages.
Births Registration
According to the Births and Deaths Registration Ordinance, any birth in Hong Kong must be registered within 42 days from the day of such birth. Presently, there are four birth registries in Hong Kong providing birth registration services, viz. one on Hong Kong Island, one in Kowloon and two in the New Territories. Under the law, no fee is required for registration of birth. However, a fee will be charged for post-registration of birth beyond the prescribed 42 days. A birth that has not been registered within one year can be registered only with the consent of the Registrar of Births and Deaths. In 2016, 57,313 births were registered and 3,018 births were post-registered.
Deaths Registration
Deaths from natural causes should be registered by the deceased’s relatives within 24 hours. There are three death registries, two on Hong Kong Island and one in Kowloon providing free registration service. Deaths in rural areas may be registered at the 15 designated police stations in the New Territories and outlying islands. In 2016, 46,662 deaths were registered.
Marriage Registration
Marriages in Hong Kong are governed by the Marriage Ordinance and the Marriage Reform Ordinance. When one man and one woman wish to marry, either party shall give at least 15 clear days’ notice of an intended marriage either in person or through a Civil Celebrant of Marriages to the Registrar of Marriages. The notice will be exhibited at the marriage registry where it is given and at the Marriage Registration and Records Office in Admiralty for at least 15 clear days. The marriage must take place within three months from the date of giving the notice if no objection is received. There are no residential requirements on the marrying parties and they may be of any nationality. However, either party to a marriage must not be under the age of 16 (Gregorian reckoning). Marriage may take place at any of the 5 marriage registries or the 271 (by the end of 2016) licensed places of worship, including churches, Hindu Temple, etc. Moreover, marrying parties may also engage a Civil Celebrant of Marriages to celebrate their marriages at any places other than the marriage registries and licensed places of worship in Hong Kong. In 2016, 22,205 marriages were celebrated at the marriage registries, 2,008 in licensed places of worship or by granting a special licence and 25,292 by Civil Celebrants of Marriages.
The Civil Celebrants of Marriages Scheme lifts the restrictions on the time and place of marriage solemnisation. The scheme provides more choices, greater flexibility and convenience to the public in arranging weddings. It has been well received by the public with its popularity ever growing since it was launched in 2006. As at the end of 2016, about 256,500 prospective couples (43 per cent of total applications) gave their notices of intended marriage through civil celebrants and about 255,900 couples (45 per cent of total marriage registrations) had their marriages solemnised by civil celebrants.
Certain marriages may be post-registered as valid marriages in Hong Kong. They include Chinese customary marriages and modern marriages which were celebrated in Hong Kong before 7 October 1971, an appointed day for the purposes of the Marriage Reform Ordinance. A customary marriage refers to a marriage celebrated in accordance with Chinese law and custom, whilst a modern marriage means a marriage celebrated in Hong Kong before the appointed day by an open ceremony as a modern marriage and in the presence of two or more witnesses. In 2016, one application for post-registration of marriage was received.
Issuing of Certificates
Certified copies of certificates of birth, death or marriage may be issued on application upon payment of prescribed fees. The Department also issues Certificates of Absence of Marriage Records upon application. In 2016, 258,186 certified copies of certificate of birth, death or marriage and 22,275 Certificates of Absence of Marriage Records were issued.
To provide further convenience for the public, with effect from 26 August 2016, members of the public may submit applications for a Certificate of Absence of Marriage Record through the Internet. With the addition of this new e-Service, all related applications for search of birth, death and marriage records and their certified copies can be submitted online.