Immigration Offences
Immigration Offences
Immigration Offences in Hong Kong
Immigration Offences
On any given day, hundreds of thousands of visitors are in Hong Kong. In 2023 alone, over 34 million tourists visited the city. Under the Immigration Ordinance (CAP 115), visitors to Hong Kong—defined as persons who do not hold a Hong Kong Permanent Identity Card or other immigration status which enables extended immigration privileges—are subject to specific “conditions of stay.” The typical conditions of stay include:
- Remaining in Hong Kong only until a specified date.
- Refraining from taking up any employment, whether paid or unpaid.
- Refraining from establishing or joining in any business.
- Refraining from discharging a service.
It’s important to note that as a visitor, you are permitted to engage in certain activities during your stay, as outlined by the Immigration Department. These permissible activities include attending conferences, seminars, and trade fairs, engaging in promotional activities related to business, and participating in short-term courses. However, as detailed above, visitors must not undertake any work, establish or join in any business, discharge any service or study beyond what is allowed under the visitor visa.
Breach of Condition of Stay
Breach of Condition of Stay
Breaching these conditions, particularly by overstaying or engaging in unauthorized employment, constitutes a violation of Section 41 of the Immigration Ordinance. This is a serious criminal offence in Hong Kong, often leading to a summons for breach of condition of stay.
Such cases are typically heard in the Magistrates’ Court and can result in significant penalties, including imprisonment. At Payne Velasco, we have a strong track record of achieving favorable outcomes for clients charged with breach of condition of stay. Depending on the specifics of each case, our goal is often to secure a bind-over order without a conviction.
Our defence lawyers are proficient in English, Cantonese, Mandarin, and Tagalog, ensuring comprehensive communication with clients from diverse backgrounds.
If you need assistance with your immigration matter, please contact Gregory Payne at greg.payne@paynevelasco.com
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Understanding Immigration Law Violations
Legal Guidance for Immigration Violations
We understand that facing immigration offences can be overwhelming. Our expert team is here to provide you with the information you need, answering your most common questions and ensuring you feel confident about your legal journey.
What should I do if I have overstayed my visa in Hong Kong?
If you have overstayed your visa in Hong Kong, it’s crucial to seek legal advice immediately. We can assist you in understanding your options and mitigating potential penalties, such as fines or deportation.
Can I work in Hong Kong on a visitor visa?
No, visitor visas in Hong Kong strictly prohibit employment, whether paid or unpaid. Engaging in unauthorized work can lead to serious legal consequences, including a breach of your visa conditions.
What happens if I am caught working illegally in Hong Kong?
Working illegally in Hong Kong is a violation of immigration laws and can result in legal proceedings, fines, and even imprisonment. It is vital to address the situation promptly by seeking expert legal representation.
How can Payne Velasco help me if I’m charged with an immigration offence?
Our legal team has extensive experience handling immigration offence cases. We aim to achieve the best possible outcome, such as securing a bind-over order or minimizing penalties, through tailored legal strategies and expert advice.
What are the potential penalties for breaching immigration conditions in Hong Kong?
Penalties for breaching immigration conditions can range from fines to imprisonment, depending on the severity of the offence. In serious cases, individuals may face detention and deportation, but our team works hard to mitigate these risks.