Undocumented Migration in Hong Kong (Specific Measures taken to reduce the Flow of Undocumented Migrants)
| Published date | 01 April 1983 |
| Author | Lui Ting Terry |
| Date | 01 April 1983 |
| DOI | http://doi.org/10.1111/j.1468-2435.1983.tb00461.x |
Undocumented Migration
in
Hong
Kong
(Specijk Measures taken to reduce
the
Flow
of
Undocumented Migrants)
BY
LUI
TING TERRY
I.
INTRODUCTION
Undocumented migration, or, to be exact, undocumented immigration, has long been
one of the most formidable problems faced by the Hong Kong Community. Although
the problem dates back to
1950,
it has, for reasons to be outlined in the subsequent
section, become particularly acute in the last decade.
Over the years, the Hong Kong Government,
in
collaboration with various govern-
ments and other non-governmental organisations (both local and international), has
exerted considerable efforts to combat the problem of undocumented immigration.
Although the problem has still not been totally resolved, the specific measures which
have been taken in Hong Kong to cope with the situation are of sufficient interest to
be worth studying in their own right.
The purpose of this paper, therefore, is to analyse the measures which have been
taken to avoid or at least to reduce the flow
of
undocumented immigrants into Hong
Kong. The paper is divided into three parts. The first part which is covered in Section
I1
seeks to outline the nature of the problem posed by undocumented immigrants in
Hong Kong. Following that, Section
111
consists of
a
factual account of the specific
measures that have been taken to tackle the situation. Finally, in Section
IV,
conclu-
sions and recommendations on the subject as a whole will be given.
11.
NATURE
OF
THE PROBLEM
OF
UNDOCUMENTED MIGRANTS
IN
HONG
KONG
Undocumented migrants flowing into Hong Kong can be broadly classified into three
major categories:
(i) Illegal immigrants from Mainland China;
(ii)
Refugees from Indochina;
(iii)
Illegal immigrants from other areas of the world, particularly South-east Asia.
In terms of their impact on Hong Kong, it is the first two categories that have caused
particular concern in the community and at governmental and inter-governmental
levels. Accordingly, the paper will deal with the question of undocumented immigrants
from China and Indochina only.
260
(A)
Illegal Immigrants from Mainland China
Geographically, Hong Kong is a small city on the South Coast of China. Its total land
area is only 1,061 square kilometres, much of which is unproductive hillside and
barren islets.
Historically, Hong Kong was a part of China until the middle of the 19th Century,
when part of its territory was permanently ceded to Britain as a colony. Then, in
1898, an area of land adjacent to the Colony was further leased to the British
on
a
99-year-basis. This area now forms the northern part
of
Hong Kong and is attached to
the Mainland.
Owing to these geographical and historical factors, movement of people between
the Mainland and Hong Kong was virtually unfettered in the early years. In fact, when
the first immigration restrictions were legally imposed in Hong Kong in 1923, persons
of Chinese race were treated as exceptions and were not required to possess any kind
of travel documents
or
visas.
The question of ‘undocumented immigration’ from Mainland China did not there-
fore arise until 1950, when the Hong Kong Government, for the first time in its
history, made it a legal requirement for all Chinese coming from China to Hong Kong
to hold entry permits. The introduction of such controls over Chinese immigrants was
really a reaction to the peculiar circumstances at that time.
For,
since the end of the
Second World War in 1945 and the subsequent establishment
of
the People’s Republic
of China in 1949, China underwent a turbulent period of political upheavals and social
unrest. As a result, a large number of Chinese crossed the border and settled
in
Hong
Kong. And because of sheer population saturation, the Government had then to devise
some measures to curb
or
reduce the flow of immigrants from the Mainland.
Despite this legal requirement for documentation, there was still an influx of
undocumented immigrants from China in the early 1950s, and the Hong Kong
Government could do little to stop the flow. There were three main reasons for this:
(i)
The new law passed in 1950 did not apply to natives from Guangdong, the
Chinese Province closest to Hong Kong.
A
fair number of immigrants were accordingly
exempted from the requirement of holding valid entry permits before they could be
admitted into Hong Hong;
(ii)
There was at that time no rigid control of the border between China and Hong
Kong. In view of this, the Hong Kong Police Force which was then responsible for all
immigration matters considered it a practically ‘formidable task’ to restrict undoc-
umented immigration from the Mainland;
(iii)
On the part of China, although she had imposed stringent exit controls on her
people since 1951, she had at the same time remained silent on the matter and did not
insist that the British administration in Hong Kong should return
or
‘repatriate’ those
who had left China for Hong Kong illzgally. This, according to some observers, was
partly attributable to the fact that the Chinese authorities still regarded Hong Kong as
a Chinese territory.
While there were loopholes in the system, undocumented immigration from China did
not pose a real threat to Hong Kong, especially when shortly after the early 1950s, the
rate
of
migration (both legal and illegal) from Mainland China slowed down.
However, the situation became intolerable in 1962. In that year, a series of
economic and agricultural difficulties hit the Mainland. This resulted in a ‘great
exodus’ of migrants into Hong Kong. Of these migrants, roughly 90% held valid exit
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