Posted by The Visa Geeza / in Employment Visas, Visitor Visas, Your Question Answered / No responses

Do You Need An Employment Visa If You Intend To Make An Extended, Long Term Business Visit To Hong Kong?

What exactly is permitted activity in these circumstances and where does the line fall exactly?

Practice Update 2026 – This content must be read in light of changes to ImmD practice since it was first published

Under Hong Kong immigration law, spending sustained or recurrent periods in the territory on behalf of an overseas employer creates significant legal exposure when high-level commercial visitation bleeds into substantive on-the-ground operations. In Long Term Business Visit To Hong Kong – Do I Need An Employment Visa?, Stephen Barnes, the Hong Kong Visa Geeza, addresses the recurring dilemma of international corporate personnel who spend several weeks or months in the Special Administrative Region conducting business on ordinary visitor status. As Barnes makes clear:

The Immigration Department draws an uncompromising distinction between permitted exploratory business visits and unlawful employment under Section 41 of the Immigration Ordinance. A bona fide visitor may attend board meetings, negotiate commercial contracts, meet suppliers, and attend trade exhibitions. However, once an individual begins directing daily operations, managing local personnel, executing hands-on client deliverables, or effectively basing their working life in the city, the threshold of permitted activity has been breached—even if their salary is paid offshore and their employment contract remains anchored overseas.

Stephen Barnes – The Hong Kong Visa Geeza

Attempting to sustain extended corporate assignments through back-to-back visitor entries inevitably alerts boundary examining officers, exposing both the employee and the inviting firm to criminal liability for breaching conditions of stay. To examine how contemporary immigration policy creates structured, lawful pathways for temporary specialist contributions without violating these foundational visitor limits, Stephen Barnes provides the definitive analysis in Practice Update: The 2026 Immigration Facilitation Scheme – Short-Term Work for Visitors to Hong Kong.

The essential operational reality detailed in the Practice Update is that while the regularized and expanded Short-Term Visitor Facilitation Scheme—now encompassing 18 designated sectors as of 1 October 2026—provides a tailored statutory exception to standard visitor work prohibitions, it offers no relief for open-ended or prolonged corporate assignments. Under the facilitation arrangements, qualifying international talent invited by one of roughly 490 government-endorsed host organisations can lawfully undertake specified activities—and accept remuneration or expense honorariums where approved—for up to 14 consecutive calendar days per visit without securing a full employment visa under the General Employment Policy. However, as Stephen Barnes emphasizes across both publications, this statutory mechanism is strictly event-specific, institutional, and capped at a two-week window; it cannot be leveraged by overseas corporations to rotate staff through continuous business trips or avoid formal visa sponsorship. Where an overseas employee’s presence is required for longer-term projects, managerial oversight, or substantive local service delivery, the baseline rule remains absolute: the enterprise must sponsor a standard employment visa or intra-company transferee visa. Engaging in substantive, long-term business activities under the guise of an ordinary visitor stay remains fundamentally unlawful, reinforcing that sustained professional performance demands formal departmental authorization before work begins in Hong Kong.

With Hong Kong having such a liberal visa-upon-arrival regime (with more than 160 nationalities being granted permission to visit for between 7 and 180 days – depending on which passport you carry), it is understandable that there is confusion as to what is permitted activity if you are a ‘business visitor’ in the HKSAR.

This question provides an opportunity to get to the heart of this issue once and for all.

QUESTION

“Hi, Your websites are really informative. Thanks for making all this information available for free. I do have one question which I would like to have an answer for though.

I co-own and manage a small company in the UK (6 staff altogether) and we do a lot of business with one company in Hong Kong especially. Due to a contract we have just signed, I need to transfer myself to HK for up to one year in total, although I will probably travel to and from the UK several times in that period. I am trying to understand if I need to get an employment visa for Hong Kong. My business will carry on as normal in the UK (my brother and I run it together) but for all practical purposes I will be based out of Hong Kong for those 12 months.

Any advice you can offer would be really appreciated. Thank you!”

ANSWER

What Is Permitted?

If you make a business visit to Hong Kong, the question it begs as to what is permitted activity in the immigration status.

Business Meetings

Typically business visitors must generally contain their activities to, for example attending business meetings or fact finding discussions or this type of activity that gets to the heart of the possibility of some kind of transaction with your counterparties in Hong Kong. You can come for example to make sales calls to potential business partners, clients as long as while you’re making those sales calls you are working for an entity that’s established outside of Hong Kong. You can come to sign contracts or conclude contracts and submit formal tender proposals and support the submission exercise through the delivery of presentations and supporting representation.

Going ‘Hands On’

You can participate in overall product orientation. You can attend short term seminars. You can oversee the installation or the packaging of goods but you cannot actually be responsible and go hands on in relation to the installation or the packaging of those goods. And it’s a permitted activity to participate in exhibitions or trade fairs although it is not permitted activity to roll those up and start for example building the booth within the trade fair. You could assemble from a kit that you’ve brought with you, that’s natural but if you had to order timber locally and you needed to interact with local contractors and take responsibility for the formal building of your stand you would need work authorizations for that. And it’s perfectly okay to come and participate in for example reservation if you’re going to be suing somebody or you’re being sued and you need to give evidence.

You Know Work When You See It

So, in all things considered, business visits allow you to do all the kind of activities that are peripheral to commercial activity. And where it can be said that you’re actually getting involved in the provision of services or you’re implementing activities in relation to the commercial that it had brought you into Hong Kong in the first place, you’re going to need an employment visa. And this really sort of translates itself into a sort of common sense understanding.

If you’re going to come for three or four months at a time and you are a  U.K. citizen and you have 180 days as a visitor,  and during those three or four months you’re living in some serviced apartment and at 9 o’clock in the morning you’re reporting to your counter partner’s office and you going to your desk you’re sitting there and you’re on the telephone and you’re preparing paperwork and you are doing the kind of activities that will actually go towards the implementation of  the commercial aspect of what brought you to Hong Kong in the first place; and that’s really work, if it walks like a duck, talks like a duck, in actual fact it’s quacking its head off you are in fact a duck.

Therefore, you need to have an employment visa.

Consider A Short Term Employment Visa

So, whilst there are some differences between the activities, which are permitted by regulations and those that are allowed in practice, if you are going to be discharging your employment duties in Hong Kong, the type of things that you would ordinarily be doing back in the U.K. albeit it’s more practical to ‘live in Hong Kong underground’ doing that stuff, you need to have an employment visa.

Therefore, my advice in this situation would be to not rely on business visit category, even though you’re going to get 180 days period of stay each time you present yourself at the border, make an application for an employment visa.

The Immigration Department will take into consideration all the circumstances of your place and if you’ve got a genuine complex and you’ve got a business back home that this is going to continue and in fact is supporting the activities that have brought you to Hong Kong in the first place, the Immigration Department will grant you the employment visa.

So make that application and don’t attempt to just rely on business visit category simply because practically you get a 180 days each time you present yourself in Hong Kong at the border.

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Posted by The Visa Geeza / in Employment Visas, Family Visas, Your Question Answered / 3 responses

Work Under A Hong Kong Prolonged Visitor Visa | Benefits | Limitations | Requirements

Learn about the requirements, ImmD policy and how to qualify for an employment visa while holding such a prolonged visitor visa as a defacto spouse

So, what happens if a defacto partner ‘trailing spouse’ wants to take up employment in Hong Kong under a prolonged visitor visa? Is this possible?

QUESTION

Hi Visa Geeza,

I have been offered a job in Hong Kong and me and my de-facto partner are considering the move.

Whilst the company will sponsor me,  my partner wants to work in Hong Kong and not sit idle.

Is there anyway through the prolonged visitor visa (PVV) that she can obtain a right to work?

Also, are the PVV’s a little hit and miss and no guarantees they will be granted as they are a “made up” visa to accommodate defacto partners?

Me and my girlfriend have lived together for 5 years.

Appreciate any views / comments you can give.

ANSWER

Are you considering working under a Hong Kong Prolonged Visitor Visa? This  guide and the podcast reply which follows will provide you with all the information you need to make an informed decision. From understanding the benefits and limitations to meeting the requirements, we’ll break it down step by step.

Eligibility

Are you an employment visa holder in Hong Kong looking to sponsor your deafcto spouse under a Prolonged Visitor Visa? This visa allows for family reunions and is granted after careful assessment of the circumstances involved. It is specifically designed for couples who have the opportunity to legally marry but choose not to.

Understanding the Prolonged Visitor Visa in Hong Kong

The Prolonged Visitor Visa is a special status granted to individuals seeking to reunite with their partners in Hong Kong. It serves as a visitor visa and offers temporary residency. If your partner wishes to join you in Hong Kong under this visa, it allows them to be together with you while exploring other employment opportunities.

Qualifying for Employment under a Prolonged Visitor Visa

While a Prolonged Visitor Visa grants temporary residency, it does not automatically allow the holder to work. To pursue employment, your partner will need to secure a job offer. Under the general employment policy, they must demonstrate special skills, knowledge, and experience that are valuable and readily available in Hong Kong. Additionally, the job offer must be genuine and unable to be filled by the local workforce.

Employment Visa Probabilities and Requirements

It’s important to note that holding a Prolonged Visitor Visa does not provide any advantage when it comes to passing the employment visa approvability test. The requirements and considerations are equally as stringent as if the applicant did not hold a prolonged visitor visa. Therefore, it is crucial to carefully navigate the employment visa application process, ensuring all the necessary criteria are met.

Exploring Opportunities for Work in Hong Kong

While holding a Prolonged Visitor Visa, your partner can actively search for job opportunities in Hong Kong. It is essential to network, leverage your professional qualifications, and highlight your relevant experience. By demonstrating your unique value and skills, you increase your chances of finding employment opportunities that match your expertise.

Employment Visa Application Process and Considerations

To pursue employment in Hong Kong under a Prolonged Visitor Visa, an employment visa application must be submitted. The process can be complex and may present challenges. It is advisable to seek professional assistance and guidance to navigate through the intricacies of the application process. Their expertise will ensure that all the necessary documentation is prepared and submitted accurately.

Last Words

Working under a Hong Kong Prolonged Visitor Visa offers couples the opportunity to stay together and explore employment opportunities. While this visa does come with certain limitations, it is a viable option for those who choose not to marry but meet the criteria for family reunion and dependancy. Understanding the requirements and navigating the employment visa application process is crucial. Seek professional guidance to ensure a smooth and successful transition into the Hong Kong workforce.

Remember, while the Prolonged Visitor Visa does not guarantee employment, with careful planning and preparation, you can increase your chances of securing the right employment status in Hong Kong.

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Posted by The Visa Geeza / in Employment Visas, Your Question Answered / 2 responses

Hong Kong Employment Visa Application

How Long Should It Take Generally?

How long should a Hong Kong Employment Visa Application take to finalize – especially in light of the 4 weeks cited on the Hong Kong Immigration Department website?

QUESTION

My working visa application is now almost into its 7th week (49 days and counting).

There were documents that immigration requested from my sponsor which may have delayed things a bit.

Day 1 – was personal filing of my employment visa application in Wanchai.

Day 28 – request of ImmD for certain documents from my sponsoring employer.

Day 31 – my sponsoring company faxed the required documents to immigration.

It is now almost 50 days and my application is still in progress.

Apart from the time it is taking, my other questions are:

(A)  Is the online enquiry actually updated daily or is it true that there will not be updates on Sunday and Monday because it would be results from the weekend.

(B)  I visited immigration and asked if I could get more detailed information.  He said someone would call me but nothing yet. How can I get the case Officer’s information if at all possible.

Thanks in advance.

ANSWER

Even though the Immigration Department put out the missive on their website that the normal processing time for a Hong Kong Employment Visa is 4 weeks, in actual fact about 4 weeks starts counting from the time that they have all the information that they need on hand to give due consideration to the application in full.

So, what that effectively means is that the four weeks is commonly cited as being the typical processing time. It’s actually more like six to eight weeks. So given that you’re in your fiftieth day now, frankly, you’re well within the envelope of a normal case processing time so I wouldn’t be concerned about it too much.

Particularly given that you know it took them effectively for weeks to come back and ask for the first set of documents, which is normally about right. And you know your employer has turned that request around quite quickly within three days. So, effectively I think you’re well on track to getting your case finalized within the typical sort of eight-week time frame. Can take a little bit longer depending on what the Immigration Department make of the case and also how busy they are.

But they do have performance timelines that they have to work to, so you can rest assured that the Immigration Department will be working as hard as they can on your application even if it does seem to be taking an inordinate amount of time for your case to be finalized.

Just turning to the A and B part of your question, the online inquiry system really shouldn’t be taken too seriously in my opinion. I’ve appended a link to a post that I’ve done about this on a previous occasion. It’s a very, very basic system, it doesn’t tell you very much at all about what’s going on.

I appreciate that it’s the only source of consistent information that you can garner. Given that you’ve tried to have an interaction with the department to find out what’s going on, and you haven’t really been able to get any joy out thus far, so I can understand, you know, why it is important to you.

But the key thing to appreciate is that whilst I don’t understand having a clear insight into how the Immigration Department of Technology works, having a technology background, it just seems to me that at the moment that an immigration officer is going to mark your case as having been completed to the extent that it’s either been refused or it’s been approved. The moment that the Immigration Department officer does mark that in that way then the technology will be updated, and you’ll get a notification on the system.

So, given that you know there isn’t any Immigration Department activity on the weekend, yes it’s reasonable to assume that Sunday and Monday you’re not going to get any joy out of the system in terms of it telling you exactly what you need to know as to where the status of your application is. Bear in mind also that normally the Immigration Department will fax you the approval letter if you have denoted that you’re able to be communicated with via fax.

And in my experience very quickly after the department have made the decision to approve you will receive a fax anyway and nine times out of ten if we look to see if that we’ve received a fax in the afternoon the fax of approval in the afternoon and then quickly go online to see if the system has been updated – the system has not yet been updated. So, it’s all very hit and miss nonetheless, so yeah, I wouldn’t rely too heavily on the online system as being the definitive source of information as to where your case presently stands.

But turning to point B of your question: this is you know probably your best bet, because once you can speak to the officer they’ll give you an indication as to where they are in the application. They won’t give you any clear nod of the head or a tip of the hat as it were to let you know which way the wind is blowing as regards your eventual outcome. But if you are able to have a whole other conversation with the officer responsible for your case you’ll get a sense of where it is in the process and what kind of sort of timeline you might still have to wait to get near the outcome so that you know where you stand in the application.

And again, I’ve covered this previously so what I suggest you do is reference the link that is included in this blog post that will tell you exactly how to go about geeing up your application.

But yeah just to recap fifty days isn’t that long, squarely within the envelope; don’t rely on what the website is telling you – the usual Immigration Department are much more efficient when you’re dealing with the with the officer.

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Posted by The Visa Geeza / in Investment Visas, Musing / No responses

The Capital Investment Entrant Scheme | To Re-Start In 2024 | HKD30M | A Big Boy’s Play …

Stephen Barnes’ Comments On RTHK News Today

PRACTICE UPDATE – October 2026

The scheme originally required assets to be held directly under the applicant’s sole personal name. Enhancements allow investments held through an eligible private company wholly owned by the applicant, or qualifying private family office holding vehicles, to count toward the scheme’s net asset and investment criteria.

3. Nationality & Overseas Chinese PR Verification

The article questioned how “PR in a foreign country” would be handled for Chinese nationals.

On December 19, 2023 the Hong Kong government announced a new scheme aimed at attracting foreign investment and talent, known as the Capital Investment Entrant Scheme. This initiative targets individuals aged 18 and above, including foreigners, residents of Taiwan and Macau, and Chinese nationals with permanent resident status in other countries.

Qualifying

To qualify, applicants must possess a net asset value of at least 30 million Hong Kong dollars (c.USD3.8M) in the two years prior to applying, investing a minimum of HKD27 million in non-residential property and qualifying financial assets like stocks or bonds, and an additional HKD3 million invested in innovation and technology.

No Targets

Christopher Ho, the Financial Services Chief, mentioned that the Capital Investment Entrant Scheme is a revival of the previous one suspended in 2015, but without specific targets for the number of applicants. The earlier scheme attracted about 4000 applicants annually, potentially bringing in 120 billion Hong Kong dollars of new money.

Commences 2024

Applications for the revamped Capital Investment Entrant Scheme are expected to open in the first half of the next year.

Visa Geeza Speaks

In an interview on RTHK Radio 3 News this morning, Hong Kong immigration consultant Stephen Barnes shares his insights. He views the scheme as a valuable addition to Hong Kong’s immigration programs, particularly filling a gap for passive investment opportunities that emerged after the suspension of the previous scheme in 2015.

Chinese With A Foreign PR?

The Capital Investment Entrant Scheme is open to a wide range of foreign nationals, including Chinese nationals with foreign permanent resident status, but excludes certain groups like North Koreans and Cubans. An interesting aspect is the inclusion of Chinese nationals with foreign PR, a group that was able to participate in the last scheme through PR obtained, often conveniently, from countries mostly in Africa.

Small Biz Gets A Look In

Barnes believes the Capital Investment Entrant Scheme will primarily attract wealthy individuals capable of investing HKD30 million in Hong Kong, a requirement for obtaining a Hong Kong identity card. He suggests that the scheme might be particularly appealing to individuals from the Middle East. The requirement of a HKD3 million investment in the IT sector via the Hong Kong Investment Corporaton is seen as a positive step, providing support to innovative small businesses in Hong Kong.

4000 Annually?

While the Financial Services minister did not set a hard target, Barnes is skeptical about reaching the 4000 applicants mark annually, given the stringent requirements and the fact that the Capital Investment Entrant Scheme does not offer a passport, but permanent residency after seven years of ordinarily residing in Hong Kong.

Much, Barnes says, will turn on how the definition of “PR in a foreign country” will be construed as applied to ‘Overseas Chinese’. The overwheming majority of the 4000 applicants per year under the previous Capital Investment Entrant Scheme programme were Chinese nationals owning ‘overnight PR of convenience’.

After 7 Years

He also notes that after seven years, participants can opt for unconditional stay, allowing them to withdraw their investment while maintaining residency, provided they visit Hong Kong at least once every 12 months.

Role of InvestHK

Barnes suggests that the success of the scheme will depend on its implementation details, particularly how the government agency InvestHK manages the assessment and certification of the HKD30 million wealth requirement and the investment in the right asset classes.

He expresses a cautious optimism about the role of InvestHK in this process, acknowledging the unpredictability when government departments handle such ‘free market’ initiatives.

Wait & See

The launch in 2024 will reveal more about the scheme’s effectiveness and its impact on Hong Kong’s economy and immigration landscape.

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Hong Kong Chef Opening A New Restaurant | What Visa Do I Need | How To Guarantee Approval?

You’re presently working in a restaurant – you’ve got an employment visa sponsored by your full-time employer and you have an interest in opening a new restaurant of your own …

PRACTICE UPDATE: How the content must now be read in light of current ImmD policy:

Historically, this scenario examined the route for an accomplished foreign culinary professional moving to Hong Kong to launch a new dining establishment, deliberating whether to pursue an employment visa or an investment as entrepreneur visa. The Geeza advised that the two pathways enjoyed fluid synergy: if the chef held equity, the application could be framed flexibly based on narrative credibility. A chef with exceptional culinary prestige, bespoke menu concepts, and modest seed funding could often satisfy case officers by highlighting culinary talent and prospective front-of-house local hiring, securing immigration clearance while initial fit-out, licensing, and corporate financing were still being pulled together.

The game has changed from an artisanal evaluation of culinary talent and intent into a cold, empirical operational audit under TTPS Category A substance standards (~HKD 2.5M enterprise scale). ImmD no longer treats gastronomic pedigree or culinary vision as a substitute for hard corporate execution; a chef-owner can no longer use the looser mechanics of an employment rubric to mask an early-stage startup. To secure entrepreneur approval today, the culinary venture must present concrete corporate hardware at adjudication: HKD 1.5M–2.0M in deployed corporate bank liquidity, an executed commercial lease for physical premises (“four walls”), and active payroll and MPF accounts for 2–3 local permanent residents. Without meeting these non-negotiable operational thresholds upfront, opening a restaurant as an independent owner-operator faces significant risk of  administrative refusal.

Immigration Considerations

Opening a new restaurant in Hong Kong. You would like to understand the immigration dimensions and the implications of this situation.

In broad terms, the visa manoeuvre that you need to do is called a change of visa category from sponsored employment through to business investment as an entrepreneur.

Test For Approval

In doing this you have to persuade the Immigration Department that the plan requires the creation of new facts on the ground anticipatory of opening a new restaurant and your business commencing that you can and I quote … Make a substantial contribution to the economy of Hong Kong … now, what that means in practical terms … is basically that you have firstly a clear pathway to the creation of local employment opportunities.

Local Jobs

Opening a new restaurant is going to create local jobs in any event so generally speaking restaurants are able to prove this without too many problems.

Suitable Premises

Secondly, you need to have suitable business premises. Now specifically in the context of opening a new restaurant operation the Immigration Department want to see a stamped commercial tenancy agreement and they want to see that the application for restaurant licencing has commenced with visibility on when realistically the restaurant licencing component can be completed, so that’s the second thing that they’re looking for.

Financial Resources

Thirdly you’ve got sufficient financial resources to be able to basically deliver on the plan for opening a new restaurant which would be to get yourself established operational and have the necessary cash available to you to control cash flow for a while you know get yourself fully established.

A Good Story

And then finally the Immigration Department looking to see that there is a good story behind your intentions in opening a new restaurant and so – you know, like the cuisine – what’s interesting about it you know what new stuff you’re contributing to the culinary experience in Hong Kong and also you know what your background is as well in running a restaurant operation. What your skill set is to ensure that not only can you deliver the product from a cuisine perspective, but you’ve got the wherewithal to be an entrepreneur if this is your first restaurant venture of your own, and you’ve got what it takes to be able to pull it together.

So all that’s the bad news.

The Good News

The good news is if you can tick all of those boxes the default posture of the Immigration Department is to approve an application from a Hong Kong chef opening a new restaurant – rather than refuse them. They take the view that if you’ve got the ambition and the resources and are prepared to assume the risk (and Hong Kong restaurants right now have no small measure of risk) then they should give you the benefit of the doubt and give you the visa to enable you to progress with your plans. They don’t want to throw logs at the feet of entrepreneurs; they want to support and encourage that activity as long as you’ve got the Entrepreneurial chops and the resources to give effect to the plan and both are manifest in their eyes.

So that’s the kind of the challenge ahead.

Visa Application Process

The question then is well, how do you get from here to there?

Well, when you get your present employment visa permissions you are permitted only to work for your sponsoring employer and the work that you do under your employment contract for the sponsoring employer.

When you move into the realm of getting permission to start your own business what’s happening is that your employment visa right now has two privileges.

Privilege to Reside & Work

You get a privilege to Reside and a privilege to Work for the sponsoring employer.

So, when you stop working for the sponsoring employer your privilege to Work ends the privilege to Reside continues until your current visa expires. In order to reinstate you privilege to work if you stop working for your sponsor you either find another job with a well-established enterprise that can pick up your sponsorship and you can work full-time for them or you start your own enterprise as I’ve stated and apply to change your visa category to business investment as an entrepreneur. Make sense?

Chef Visa Changes In Recent Years

They only recently changed the law. It used to be that when you got a chef visa, it said in your passport that this Visa is good for 2 years or two weeks from the end of your employment whichever is the sooner and about five years ago they did away with that and brought chef visas into line with all the other professional visas in Hong Kong separated into the 2 residence and privilege to work categories.

Catch 22

There’s a classic Catch-22 in this instance – you can start the visa process and you can create everything proforma but for the final restaurant site, but they will not finalise your application until you pitch up with a stamped commercial tenancy agreement because without that there’s no place to conduct your business, so it’s kind of like Catch-22 but the truth is once you’ve signed the commercial tenancy agreement and you started the restaurant licencing process as long as all things are there being equal, they will approve your visa because they won’t leave you with your ass hanging out.

Conditions Precedent

All things being equal, if you have committed to the tenancy agreement and move forward with the licencing requirement in opening a new restaurant – as you know – the biggest expense is getting opened and started so as long as you have the financial resources to do all of that then it’s just a case of ticking the boxes and showing that you’ve got the place to operate the business from and show progress on the licensing dimension the rest is basically – I can’t say it’s rubber stamping – but you still going to win the day.

Almost Certain Approval

They almost certainly won’t deny your visa when opening a new restaurant in Hong Kong in this fashion.

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The Journey of the Hong Kong Visa Geeza: From Blackburn to Hong Kong

At Chinese New Year 2018 I went back to Blackburn, Lancashire the town of my birth in northern England.

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