Immigration Hong Kong Visa For Unpaid Charity Work | It Is Allowed | What Kind Of Visa Is Needed?

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

Does Volunteering for a Good Cause Represent Unpaid Work That Requires the Specific Permission of the Hong Kong Director of Immigration?

Immigration Hong Kong visa – the law here is clear – work, paid or unpaid requires the permission of the Hong Kong Director of Immigration

Immigration Hong Kong Visa –  the question of volunteering for a good cause

QUESTION

Dear Stephen

I run an NGO.   We rely on volunteers from the community in order to achieve our objectives.

We are aware that certain groups, including visitors, domestic helpers and those on employment visa are not allowed to do any work / work for anyone other than the named employer and this includes unpaid work.

Immigration Hong Kong visa …

1. Do you have any insights into the definition of “unpaid work” ?  (e.g. If my mum visits and walks my dog, is it unpaid work?)

2. If someone is volunteering with an NGO, is the onus on the NGO to check that they have the right to volunteer?

3. Are you aware of anyone being prosecuted for doing volunteer work, or NGOs being investigated/prosecuted for this?

UNPAID WORK

Unpaid Work and Volunteering in Hong Kong | Understanding Immigration Hong Kong Visa Requirements for NGOs and Individuals

If you are an NGO operating in Hong Kong, it’s important to understand the regulations surrounding unpaid work and volunteering, specifically in relation to immigration compliance. This knowledge is especially crucial for visitors, domestic helpers, and individuals with employment visas.

In this answer, I explore this common question about these regulations and provide information for NGOs and individuals involved in unpaid work and volunteering in Hong Kong that intersects with immigration and visa requirements.

What is Unpaid Work?

Unpaid work refers to any form of service or labour performed without receiving compensation, whether monetary or non-monetary. While the Immigration Department of Hong Kong does not explicitly define unpaid work, it is important to note that any work or service, whether paid or unpaid, might potentially breach the conditions of stay for visitors or others who do not the permission to engage in this unpaid activity.

Visitors in Hong Kong are strictly prohibited from engaging in any employment or services, regardless of remuneration. Even simple activities like having a visiting family member walk your dog could be seen as unpaid work, conceptually – after all there are professional dog walkers out there – but commonsense generally prevails with the Immigration Department.

Volunteering with an NGO

When individuals volunteer with an NGO, it is crucial for both the individual and the organization to adhere to immigration regulations. Although the primary responsibility lies with the individual to comply with their specific immigration status, NGOs should also exercise due diligence by verifying the immigration status of their volunteers and assessing their lawful employability (even if unpaid). This helps ensure that no one involved is in breach of the conditions of stay or violating the immigration regulations. NGOs can seek guidance from the Immigration Department or consult with immigration professionals to ensure compliance with relevant immigration and visa requirements.

Generally, non-permanent resident foreign nationals who hold a Dependant visa (not if the sponsoring spouse is a student though), Top Talent Pass, QMAS, CIES, IANG or Unconditional Stay are free and clear with ImmD. Everyone needs express permission.

In the final analysis, it all boils down to the attitude of the Immigration Department to prosecute for breach of conditions of stay. My firm advice is better safe than sorry.

Formally apply to ImmD for their permission and see where the application takes you.

Consequences of Violations

Engaging in unauthorized work, including unpaid work, can result in severe consequences. Violations of the conditions of stay may lead to penalties such as fines, imprisonment, or even deportation. Both individuals and organizations need to be fully aware of and adhere to the immigration regulations to avoid legal complications or negative outcomes.

Related Stuff

To delve deeper into the regulations and concepts related to immigration and work activities in Hong Kong, the Hong Kong Visa Handbook is a valuable resource.

Additionally, the following resources provide relevant insights:

• “As a Visitor Living in Hong Kong“, Do you need to get an Investment Visa if you freelance but all your income is sourced overseas?
• “Short-Term Work in Hong Kong“ – This resource provides information on short-term work opportunities in Hong Kong and the visa requirements associated with them.
• “Permitted Activity as a Visitor” – Read what the Hong Kong Immigration Department says about unpaid work.
• “Lame Excuses Won’t Cut It” – If you’re caught in a place of work your goose is cooked unless it never went in the oven!

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How to Successfully Apply For an Entrepreneur Visa in Hong Kong

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Getting A Visitor Visa For Hong Kong | A Comprehensive Guide | Updated | November 2023

Posted by The Visa Geeza / in Feature Article, Musing, VG Front Page / No responses

All You Need to Know | Business Immigration In Hong Kong | Updated Q3 2023 | Part 3/24

Obtaining A Visitor Visa For Hong Kong: An Essential Guide

Part 2/24 | Explore Business Immigration In Hong Kong With Our In-Depth Guide | Here

 

Introduction

Welcome to our comprehensive guide on getting a visitor visa for Hong Kong. This material is tailored for foreign nationals seeking clarity on securing visitor visas, particularly when on-arrival privileges are insufficient. Whether for business or leisure, our guide aims to simplify your visa journey.

Understanding Visitor Visas in Hong Kong

Visitor visas in Hong Kong are designed for foreign nationals who cannot secure visa-on-arrival privileges or wish to extend their stay beyond the initial period granted at entry. This guide aims to clarify the criteria and processes involved in applying for and maintaining visitor status in Hong Kong.

Eligibility Criteria: a Visitor Visa for Hong Kong

The key to a successful visitor visa application lies in understanding the eligibility criteria. It’s essential for applicants to demonstrate the intent for a genuine business or leisure visit, without plans for a prolonged or quasi-residential stay in Hong Kong.

Permitted Activities Under a Visitor Visa for Hong Kong

As a holder of a visitor visa, you’re allowed to engage in specific activities. These include:

Incorporating a company,

Opening a bank account,

Participating in trade fairs and conferences.

However, it’s crucial to steer clear of activities that fall under employment or residential intent without the appropriate visa.

More on this here.

Short-Term Work as a Visitor Visa Holder

In certain circumstances you are permitted to work as a visitor visa holder, but the rules are VERY limited.

The Thin Line: Business Visit vs. Employment

A common query is about the scope of a business visit. For instance, installing software might seem like a minor task but can be considered employment, requiring a short-term employment visa instead.

Transitioning from Visitor to Resident Status

For those considering a more permanent move to Hong Kong for business or employment, it’s vital to transition from a visitor visa to the appropriate residency status to avoid violating immigration law.

Challenges for Long-Term and Frequent Visitors

Long-term or frequent visitors must be mindful of their activities in Hong Kong. The Immigration Department closely monitors and assesses such cases to prevent misuse of the visitor visa.

Navigating Immigration Policies and Compliance

The final decision on what constitutes permissible activity under a visitor visa rests with the Hong Kong Immigration Department. Visitors must ensure compliance with all regulations to avoid legal repercussions.

More Information on Visitor Visas

For further details on the visitor visa for in Hong Kong, please refer here. Ensure you stay informed and compliant with all immigration policies.

Need Help?

Considering a trip and need a visitor visa for Hong Kong? Or planning a business venture?

Contact us for expert guidance on your visa application process, ensuring a smooth and compliant journey to Hong Kong.

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Hong Kong Top Talent Pass Scheme | November 2023 | Where Are We Now?

Posted by The Visa Geeza / in Employment Visas, Feature Article, Investment Visas, Musing, Special Programmes / 4 responses

Hong Kong Top Talent Pass Scheme Visa

Going Like Hot Cakes …

The Hong Kong Immigration Department released information about the Top Talent Pass Scheme (“TTPS”) on December 28, 2022.  It’s proving to be quite a hit already!

Hong Kong Top Talent Pass Scheme Eligibility In A Nutshell

Persons who wish to apply to enter the HKSAR under the TTPS are not required to have secured an offer of employment in the HKSAR upon application. They may be granted 24 months’ stay on time limitation only without other conditions of stay provided that normal immigration requirements are met. Applicants may choose to apply for the TTPS under one of the categories as listed in paragraphs (a) to (c) below:

1. Persons with annual income reaching HK$2.5 million or above, or its equivalent in foreign currency, in the year immediately preceding the date of application (Category A);
2. Degree graduates of the world’s top 100+ universities  (updated November 2023) with at least three years of work experience over the past five years immediately preceding the date of application (Category B); or
3. Degree graduates of the world’s top 100 universities in the past five years immediately preceding the date of application with less than three years of work experience, subject to an annual quota which is to be allotted on a first-come, first-served basis (Category C); however, Category C does not apply to those non-local students who have obtained the undergraduate qualification in a full-time and locally-accredited programme in the HKSAR. These folks need to use the IANG programme instead.

Hong Kong Top Talent Pass Scheme – The Nitty Gritty

The Top Talent Pass Scheme (TTPS) is a programme created to facilitate the employment of eligible individuals in Hong Kong.

To qualify for the TTPS, applicants must meet the eligibility criteria of one of the following categories:

(1) Category A: Individuals with an annual income of at least HK$2.5 million (or its equivalent in foreign currency) in the year immediately preceding the application date. The annual income includes taxable employment or business income such as salary, allowances, stock options, and profits from self-owned companies. Personal investment income is not considered.

(2) Category B: Degree graduates from one of the world’s top 100 universities with at least three years of work experience over the past five years immediately preceding the application date.

(3) Category C: Degree graduates from one of the world’s top 100 universities in the past five years immediately preceding the application date with less than three years of work experience. This category is subject to an annual quota allotted on a first-come, first-served basis. However, Category C does not apply to non-local students who have obtained their undergraduate qualification in a full-time, locally-accredited program in the Hong Kong Special Administrative Region (HKSAR).

To apply for the TTPS, individuals must submit an online application and upload the required supporting documents.

Applicants will be notified of the result of their application via email.

For Category A applicants, they must submit the necessary supporting documents to prove their income reached HK$2.5 million or above in the past year. These documents may include a notice of salaries tax assessment from a local competent authority (e.g., taxation office or revenue department), documentary proof issued by the applicant’s employing company specifying the value of stock options granted to the applicant, and/or documentary proof of the financial standing of the applicant’s self-owned companies (e.g., the latest audited financial report, trading profit and loss account, or profit tax return) if applicable. If an applicant’s income is not denominated in Hong Kong dollars, they can choose from 17 other major currencies available in the online application service. After selecting the currency, the computer system will automatically convert the applicant’s income into Hong Kong dollars. If the applicant’s income is not denominated in Hong Kong dollars or one of the 17 foreign currencies, they may convert their income into Hong Kong dollars or one of the 17 foreign currencies when submitting the online application, and then upload the relevant supporting documents to the Immigration Department for assessment.

For applicants in Categories B and C, the level of academic qualifications obtained from the world’s top 100 universities must be equivalent to the recognized Hong Kong standard of bachelor’s degrees. Honorary bachelor’s degrees will not be accepted. Master’s or doctoral degrees are not eligible for these categories.

The updated list of the world’s top 100+ universities can be found here.

If an applicant has not yet obtained their graduation certificate, they may apply for the TTPS by providing documentary proof issued by the relevant university or institution confirming that they have graduated.

Under the TTPS, the “three-year work experience” requirement for Category B must come from full-time employment or self-employment after graduation.

For Category C, “graduation in the past 5 years” is counted by the year of graduation. The “aggregate list of the world’s top 100 universities” is compiled by the Labour and Welfare Bureau based on the top 100 universities in four designated world university rankings in the past 5 years.

Persons admitted under Categories A, B, or C of the TTPS will be granted an initial stay of 24 months without other conditions of stay. They can change jobs without notifying the Immigration Department and do not require a re-entry visa/entry permit if they return within their permitted limit of stay.

TTPS-approved individuals can apply to bring their spouse, same-sex civil partner, and unmarried dependent children under the age of 18 as dependents, provided they can support them financially and provide suitable accommodation.

There is no specific application form for a TTPS application and you can submit your TTPS application for yourself and up to eight accompanying dependents via an exclusively online application process.

Dependents admitted under the TTPS can take up employment or study in Hong Kong.

When applying for an extension of stay under the TTPS, applicants must have secured an offer of employment or proof of business. Extensions are granted on a 3-3 year pattern. The Immigration Department assesses the eligibility criterion of a job at a level commonly taken up by degree holders on a case-by-case basis. TTPS persons meeting specific criteria may apply for assessment under the top-tier employment stream upon extension of stay, and successful applicants will be granted a six-year extension.

Unemployed applicants may be refused further extension. TTPS applicants can only be granted “initial stay” once, and if they leave Hong Kong and their limit of stay expires, they must apply through immigration policies or schemes other than the TTPS to return for employment or residence.

As a current resident you can apply for this status and, if approved, be granted an entry TTPS visa to be activated by exiting Hong Kong and re-entering to commence your 2 year limit of stay. Your dependant family members’ limit of stay will be updated to match that of the principal once the substantive TTPS visa has been activated. If your current residence visa look likes it will expire prior to formal grant of your TTPS visa it is recommended that you consult with the Immigration Officer tasked with your TTPS application to see how ImmD wish to manage your ongoing residence status in the event of expiry prior to TTPS approval.

Hong Kong Top Talent Pass Scheme – 160,000 Applications & Counting?

By February 2023, 7,500  TTPS applications had been received with 5,800 approved. By the 29th of March 2023, 10,000 approvals had come in.

By November 2023 160,000 applications had been received and 100,000 had been approved!

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Practical Hong Kong Visa Insights | Your Guide to Navigating Recent Policy Adjustments | Updated | November 2023

Posted by The Visa Geeza / in Feature Article, Musing, VG Front Page / No responses

All You Need to Know | Business Immigration In Hong Kong | Updated Q3 2023 | Part 2/24

Practical Hong Kong Visa Insights: Your Guide to Navigating Recent Policy Adjustments

Part 1/24 | Explore Business Immigration In Hong Kong With Our In-Depth Guide | Here

Introduction

This practical Hong Kong visa insights update avails actionable resources to enhance your understanding and application of our recent policy adjustments. This post, as the additional 23 in the series is not just informative but also a practical guide to help you navigate these changes effectively.

The material is based on the October 31, 2023 presentation I gave to solicitors in Hong Kong under the Law Society accredited CPD programme Business Immigration To Hong Kong | A Practical Guide.

Recent Policy Adjustments

Here is a link to the most recent policy adjustments. These will get incorporated and updated into the body corpus of our websites and large language model VisaGeeza.Ai over the coming few weeks.

Presentation Overview

In this post, I’ll be guiding you through a presentation, the details of which you can find here.  This presentation is not just a series of slides but a comprehensive journey through our latest updates and a host of practical Hong Kong visa insights.

Interactive Materials

Each practical Hong Kong visa insight topic we cover today will be accompanied by analysis and associated PDFs with actionable links. These materials are designed to be more than just flat, one-dimensional documents. For instance, if you click on the Travel Pass section it will lead you to additional resources that transform theoretical knowledge into practical applications.

Practical Application:**

These practical Hong Kong visa insights resources are self-explanatory, but to give you an example, clicking on Shenzhen Shuttle, it will reveal a video explaining the process for those looking to extend their visitor visa, such as making a same-day trip to China or Macau. This practical insight is invaluable for understanding the real-world implications of policy changes.

Last Words …

Throughout this presentation on practical Hong Kong visa insights, you’ll have access to a wealth of resources. Our goal is to provide you with the next-level information necessary to convert theoretical understanding into practical application. We encourage you to explore these links and discover the extensive value they add to your professional toolkit.

Next Steps

For more detailed insights and updates, feel free to contact us or leave your questions in the comments section below.

We’re here to assist.

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Comprehensive Guide to Business Immigration in Hong Kong | Updated | November 2023

Posted by The Visa Geeza / in Feature Article, Musing, VG Front Page / No responses

All You Need to Know | Business Immigration In Hong Kong | Updated Q3 2023 | Part 1/24

Explore Business Immigration In Hong Kong With Our In-Depth Guide.

Part 2/24 | Practical Hong Kong Visa Insights: Your Guide to Navigating Recent Policy Adjustments | Here

Update For Q3 2023

Welcome to our complete guide to Business Immigration in Hong Kong, updated to reflect the latest policies as of 2023. If you’re a professional seeking opportunities in our great city, this guide will provide you with the practical tools and insights you need to turn theory into action. With over 30 years of expertise in this niche, we’re here to navigate you through the complexities of business visas, employment schemes, and family reunification processes.

Visitor Visa For Business Professionals

When it comes to short-term business visits to Hong Kong, the visitor visa is your starting point. Whether you’re attending conferences or meeting with potential partners, this visa provides the flexibility required for business, family and tourism visits.

1 – Visitor Visa – 2023

2 – Visitor Visa Extension – 2023

3 – Travel Pass – 2023

4 – Indian Nationals PAR 2023

Employment Visa Opportunities

Hong Kong’s General Employment Policy (GEP) has recently expanded, allowing Vietnamese, Indonesian, and Nepalese nationals to participate.

5A – Employment Visa -Entry Visa – 2023

5B – Employment Visa – ICT – 2023

5C – Employment Visa – Change of Employer – 2023

Work Visas For Mainlanders

The GEP, alongside the Admission Scheme for Mainland Talents and Professionals (ASMTP), paves the way for skilled individuals to contribute to Hong Kong’s economic landscape.

6A – Mainland Talents & Professionals – Entry Visa – 2023

6B – Mainland Talents & Professionals – Change of Employer – 2023

Training Visa: Professional Development in Hong Kong:

For those seeking to enhance their skills, Hong Kong’s Training Visa provides a valuable opportunity. This scheme allows professionals and trainees to gain industry-specific knowledge, bolstering their expertise and opening doors to international career advancements.

7A – Training Visa – Entry Visa – 2023

7B – Training Visa – Change of Status – 2023

7C – Training Visa – Change of Category – 2023

Non-local Graduates Route to Employment:

Graduating in Hong Kong can be the first step towards a thriving career here. The Immigration Arrangements for Non-local Graduates (IANG) facilitates a smooth transition from university to the professional world for both fresh and returning graduates.

8A – IANG – Fresh Graduate Converting From A Student Visa – 2023

8B – IANG – Fresh Graduate Converting From A Visitor Visa – 2023

8C – IANG – Non-Resident Returning Graduate – 2023

8D – IANG – Visitor Returning Graduate – 2023

New Pilot Program for Vocational Professionals:

Stay tuned for the upcoming Vocational Professionals Pilot Program. It promises to offer a new pathway for students of accredited vocational courses to extend their stay and seek employment in Hong Kong. This Pilot was announced on 25th October, 2023.

Entrepreneurial Ventures and Investment Opportunities:

For entrepreneurs, the Business Investment Visa acts as a gateway to establishing a business presence in Hong Kong. Furthermore, the Capital Investment Entrance Scheme, albeit with pending details, signals new possibilities for passive investment towards residency.

9A – Business Investment Visa – Entry Visa – 2023

9B – Business Investment Visa – Visiting To Start A Business – 2023

9C – Business Investment Visa – Entry Visa Relocate An Existing Business From Overseas – 2023

9D – Business Investment Visa – Visiting To Relocate An Existing Business From Overseas – 2023

Talent Schemes: Attracting Global Experts

The Quality Migrant Admission Scheme (QMAS) and the Top Talent Pass Scheme offer avenues for exceptional individuals to bring their expertise to Hong Kong. These schemes have been enhanced to attract the best and brightest in their respective fields. The TTPS has a shiny new list of eligible universities. Check it out here.

11A – QMAS – Entry Visa – 2023

11B – QMAS – Change of Status – 2023

11C – QMAS – Change of Category – 2023

12A – TTPS – Entry Visa – 2023

12B – TTPS – Change of Status – 2023

12C – TTPS – Change of Category – 2023

Family Reunion

Business immigration isn’t just about the individual; it’s about family. Hong Kong’s visa policies encompass provisions for married partners, dependents, and even elderly parents, ensuring that your loved ones can join you in your new life.

13A – Legal Dependants – Entry Visa – 2023

13B – Legal Dependants – Change of Status – 2023

13C – Legal Dependants – Elderly Parents – Entry Visa – 2023

13D – Legal Dependants – Elderly Parents – Change of Status – 2023

14A – Defacto Spouse – Entry Visa – 2023

14B – Defacto Spouse – Change of Status – 2023

There’s More …

Other relevant visa types and immigration status options found to align with business immigration in Hong Kong include the following:

15A – ESLS – 2023

15B – Labour Department – ESLS – 2023

15C – ESLS – List of Exclusions

16A – ASSG – 2023

16B – ImmD Guide Book ASSG – 2023

17 – TechTAS – 2023

18A – Working Holiday Visa – Entry Visa – 2023

18B – Working Holiday Visa – Change of Status – 2023

19 – Right of Abode – 7 Year Resident Intending To Live Here Permanently – 2023

20 – UCS – 7 Year Resident Not Planning To Live Here Permanently – 2023

Not Forgetting Appeals

21 – Reconsideration – 2023

22 – Final Appeal – 2023

Last Words

As you consider your journey towards business immigration in Hong Kong, remember that the process is intricate and requires detailed attention. With our expertise and guidance, you can navigate this path with greater ease and confidence.

Ready to embark on your business journey in Hong Kong? Contact our expert immigration consultants today to secure your future in our fine city!

 

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Maximize Your Hong Kong Business Experience with the HKSAR Travel Pass: A Comprehensive Guide

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

The HKSAR Travel Pass: A Comprehensive Guide

Discover the benefits of the HKSAR Travel Pass, eligibility criteria, and the application process for frequent business visitors to Hong Kong.

What is the HKSAR Travel Pass?

The HKSAR Travel Pass is a valuable resource for foreign nationals who frequently visit Hong Kong for short periods. It allows efficient clearance through immigration formalities upon arrival and departure, helping you focus on your business activities.

Benefits for Frequent Business Visitors?

The benefits of the HKSAR Travel Pass include:

• ♦ Streamlined immigration clearance upon arrival and departure using Hong Kong Residents’ counters.
• ♦ Two-month period of stay upon each entry with unlimited entries permitted.
• ♦ Valid for three years.

However, the Travel Pass has its limitations. It does not grant residency rights in Hong Kong, nor does it allow you to secure a Hong Kong Identity Card, Dependant Visas for your family, or employ/sponsor a foreign domestic helper. Furthermore, the Travel Pass does not permit you to take up employment in Hong Kong, establish or join any business, or be employed by a business entity in Hong Kong.

Eligibility Criteria for the HKSAR Travel Pass

To be eligible for a HKSAR Travel Pass, you must:

• ♦ Have made at least three separate trips to Hong Kong in the previous 12 months via the airport.
• ♦ Have pre-existing employment in another country, which will continue after receiving the Travel Pass.
• ♦ Be a citizen of a country that enjoys visa-upon-arrival access to Hong Kong.
• ♦ Satisfy the Director of Immigration that granting a Travel Pass will positively benefit the Hong Kong economy.

In special circumstances, the Immigration Department may waive the three-trip rule.

Application Process for the HKSAR Travel Pass

To apply for a Hong Kong SAR Travel Pass, submit the following documents:

• ♦ Form ID 888, completed and executed by the applicant with a recent passport-sized photograph affixed.
• ♦ Acknowledgement Card ID 889.
• ♦ Address Labels ID 839, completed with the applicant’s full correspondence address.
• ♦ A photoccpy of the valid passport, including relevant personal particulars pages and records of at least three visits to Hong Kong in the preceding 12 months.
• ♦ A second passport-sized photograph identical to the one appended to the form.
• ♦ The Official Fee of HK760 (as of this date).
• ♦ A letter from the applicant’s current employer in support of the application, including the company’s background information.
• ♦ A supporting letter from the applicant’s major business contact in Hong Kong if the visits are primarily for business purposes.
• ♦ Detailed representations illustrating how the applicant’s frequent or extended visits will be of ‘especial benefit’ to Hong Kong if the visits are for purposes other than business.

Tips for a Successful HKSAR Travel Pass Application

To make a successful case for a Travel Pass, ensure that you:

• ♦ Clearly articulate the reasons for your frequent trips to Hong Kong in the past 12 months.
• ♦ Explain how these trips have led to growth opportunities for your employer, possibly resulting in a formal business presence in Hong Kong in the future.
• ♦ Indicate the specific value of your firm’s turnover attributed to your Hong Kong activities and how local contacts have benefited.
• ♦ Provide a detailed plan for your company’s activities in Hong Kong, and illustrate your role in it.
• ♦ Obtain solid, extensive representations from your Hong Kong contacts to support your application.

Please note that in case of refusal, there is no appeal process for a Travel Pass, and any person holding a Travel Pass can be removed from Hong Kong and does not guarantee admission into the HKSAR as of right.

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