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New visa applicants to be required to declare criminal record

25 May 2023

 

Everyone working or entering HK for the first time as dependants will have to make the declaration

The Immigration Department will require new applicants for working visas or entry permits, such as foreign domestic helpers, to declare whether they have any criminal convictions.

This requirement will take effect on June 19 and cover individuals who apply as dependants, FDHs, imported workers, students, as well as those on training and working holiday, Immigration said.

Such declaration will not be required of those applying for extension of stay or those who file their applications by June 18.

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Also exempted from the requirement are FDHs who are already working in Hong Kong and applying for contract renewal with the same employer or for completing the remaining/extended period of the current contract with the same employer, and for change of employer in Hong Kong.

The new policy, however, will not make a big difference to incoming domestic workers because they already undergo clearance procedures in the Philippines and Indonesia when they apply to work overseas, according to Eman Villanueva of the Asian Migrants' Coordinating Body.

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But he said the requirement may make the hiring process more complicated.

"If the Hong Kong government would require proof coming from (employment) agencies, then that would probably cause a problem because there would be an additional documentation that will be required from the applicants," he told RTHK.

"That would probably be an added burden, not only in terms of inconvenience and time, but also involving additional expenses to the applicants, and probably even to employers," he added.

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The Immigration explained that it adopted the new policy following the adjustment of the application procedures for entry for talent admission schemes on February 22 and 27 this year.

That adjustment was triggered by the controversy that resulted from the acceptance of biophysicist He Jiankui in the scheme to attract talent from abroad, despite having been jailed on the mainland for three years and fined 3 million yuan for illegal medical practice.

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A court in China found He and two collaborators had forged ethical review documents in their research at Southern University of Science and Technology in Shenzhen, and misled doctors into unknowingly implanting gene-edited embryos into two women and thus exposing their babies to possible health risks, according to reports.

 

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