Laws of the People's Republic of China

PROVISIONAL MEASURES FOR THE CONTROL OF CHINESE
CITIZENS ENTERING AND LEAVING THE REGIONS OF HONG
KONG AND MACAO FOR PERSONAL REASONS

(Approved 3 December 1986 by the State Council and Promulgated 25
December 1986 by the Ministry of Public Security)

(Many portions of this law have been superseded by both the Hong Kong and Macao Basic Laws,
and other subsequent immigration laws following the 1997, and 1999
resumption of sovereignty of both former colonies)

SUBJECT: ENTRY & EXIT OF FRONTIER

ISSUING-DEPT: MINISTRY OF PUBLIC SECURITY

ISSUE-DATE: 12/25/1986

IMPLEMENT-DATE: 12/25/1986

LENGTH: 2553 words

TEXT:

CHAPTER I-GENERAL PRINCIPLES

[Article 1] These Measures are formulated in accordance with the provisions of Article 17 of the Law of the People's Republic of China on the control of Citizens Leaving and Entering Chinese Territory.

[Article 2] These Measures shall apply to any domestic Chinese citizen who enters or leaves the Region of Hong Kong (hereinafter referred to as Hong kong) or the Region of Macao (hereinafter referred to as Macao), as well as to referred to as Macao), as well as to any Hong Kong or Macao compatriot who enters or leaves China.

[Article 3] Any domestic Chinese citizen who Kong travels to Hong Kong or Macao for personal reasons shall present a Hong/Macao Entry Pass or a Hong Kong/Macao Travel Pass issued by a State public security organ and shall pass through a designated port.  The return entry into China may be through another open port.

Designated ports shall be Shenzhen when travelling to Hong Kong and Gongbei when travelling to Macao.

[Article 4] Any Hong Kong or Macao compatriot who travels between Hong Kong or Macao and China shall present a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or a Border Entry-Exit Pass issued by a State public security organ and shall pass through an open port.

CHAPTER II - DOMESTIC CHINESE CITIZENS TRAVELLING TO HONG KONG OR MACAO

[Article 5] In order to protect and maintain the economic prosperity and social stability of Hong Kong and Macao, examination and approval of applications by any domestic Chinese citizen who wishes, for personal reasons, to take up residence in Hong Kong or Macao shall be implemented on the basis of fixed quotas.

[Article 6] Any domestic Chinese citizen who travels to Hong Kong or Macao for personal reasons shall submit an application to the exit-entry control department of the local municipal or county public security bureau where the applicant has household registration.

[Article 7] Any person may apply to settle in Hong Kong or Macao if:

(i) the spouse of the person is a resident of Hong Kong or Macao and the couple have been separated for many years;

(ii) a parent of the person, being resident in Hong Kong or Macao and elderly or frail, requires a son or daughter in China to take care of the parent;

(iii) the person is elderly or a child, has no-one in China upon whom to depend and needs to seek support from an immediate or close relative in Hong Kong or Macao.

(iv) the person has a parent resident in Hong Kong or Macao and there would be no heir to the parent's estate except if a son or daughter of the parent in China becomes a resident of Hong Kong or Macao; or

(v) the person needs to take up residence in Hong Kong or Macao due to other special circumstances.

[Article 8] Any person may apply for a short-term travel pass for entry to and exit from Hong Kong or Macao if:

(i) the person has close relatives in Hong Kong or Macao whom they need to visit;

(ii) the person's immediate or close relatives are Taiwanese compatriots and the person needs to go to Hong Kong or Macao to meet them;

(iii) the person is a Returned Overseas Chinese whose immediate relatives and brothers and sisters are unable to visit China or the person is a relative of an oversea Chinese and the person's immediate relatives are unable to visit China, therefore requiring the person to meet them in Hong Kong or Macao;

(iv) the person needs to go to Hong Kong or Macao to deal with an estate; or

(v) the person needs to make a short-term visit to Hong Kong or Macao due to other special circumstances.

[Article 9] A domestic Chinese who applies to enter Hong Kong or Macao for personal reasons shall answer the relevant enquiries and shall;

(i) submit the applicant's household residence registration booklet or other documentation of residence registration for inspection;

(ii) complete an application form;

(iii) submit the views of the applicant's work unit on the application to enter Hong Kong or Macao; and

(iv) submit other documentation related to the application.

[Article 10] The reference to "documentation in item (iv) of Article 9 of these Measures is a reference to:

(i) a legal marriage licence and the Hong Kong or Macao Permanent residence certificate of the spouse, in the case of a reunion of husband and wife;

(ii) documentation of kinship and the Hong Kong or Macao permanent residence certificate of the relative, in the case of a person applying to enter Hong Kong or Macao to take care of an elderly or frail parent, or in the case of an elderly person or child who has no-one upon whom to depend and who needs to seek support from a relative in Hong Kong or Macao;

(iii) details of an estate and documentation of the person's legal right of inheritance, in the case of a person inheriting or dealing with an estate;

(iv) correspondence from relatives, in the case of a person applying to visit relatives in Hong Kong or Macao and, if the case is urgent, as much explanation or documentation as possible which is of relevance to the application; and

(v) precise documentation of the date of a relative's arrival in Hong Kong or Macao in the case of meetings with Taiwanese relatives or relatives who live abroad.

[Article 11] Exit-entry control departments of the public security organs shall, within 60 days of receiving an application to travel to Hong Kong Macao, decide and notify the applicant of the outcome of the application,

[Article 12] A domestic Chinese citizen who obtains approval to settle in Hong Kong or Macao shall be issued with a Hong Kong/Macao Entry Pass by an exit-entry control department of the public security organs.  A person holding such a Pass shall cancel residence registration at the local public security station prior to departure for Hong Kong or Macao and Shall enter Hong Kong or Macao within the stipulated time period.

A domestic Chinese Citizen who obtains approval to enter Hong Kong or Macao for a short period shall be issued with a Hong Kong/Macao Travel Pass.  A person holding such a Pass shall enter Hong Kong or Macao within the stipulated time period and shall return to China as scheduled.

[Article 13] A domestic Chinese citizen who applies enter Hong Kong or Macao shall not be granted approval if:

(i) the circumstances stipulated in Article 8 of the Law of the People's Republic of China on the Control of Citizens Leaving and Entering Chinese Territory exist;

(ii) circumstances other than those stated and false documentation has been submitted in order to deceive an exit-entry control department of the public security organs.

CHAPTER III - THE ENTRY OF HONG KONG AND MACAO COMPATRIOTS INTO CHINA

[Article 14] Any Hong Kong or Macao compatriot who wishes to enter domestic Chinese territory shall apply for a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland.  The Pass shall be signed and issued by the Guangdong Provincial Public Security Department.

Any Hong Kong or Macao compatriot who applies for a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland shall submit for inspection a certificate of residence status and complete an application form.

Hong Kong and Macao compatriots who are not frequent visitors to China may apply to issued with a Border Entry-Exit Pass.  Application procedures shall be the same as those for a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland.

[Article 15] A Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or a Border Entry-Exit Pass shall not be issued if:

(i) the applicant is thought likely to take part in criminal activities such as robbery, larceny or drug trafficing;

(ii) the applicant has fabricated a situation and has submitted false documentation; or

(iii) the applicant is suffering from a mental disorder.

[Article 16] Any Hong Kong or Macao compatriot who drives into China by motor vehicle shall apply for a driver's licence in accordance with the relevant provisions of the Guangdong Provincial People's Government, and shall apply to the exit-entry control section of the Guangdong Provincial Public Security department for a permit to drive a Hong Kong or Macao registered motor vehicle into and out of China.

[Article 17] Any Hong Kong or Macao compatriot who enters China for a short period shall register as a temporary resident in accordance with the provisions for the control of residence registration.  Any person who lodges in a guest house, hotel, inn, hotel, school, or other such enterprise or public undertaking, or with a government organisation, association or other body, shall complete a temporary residence registration form.  When a person lodges with relative or friends, the guest or host shall register the guest as a temporary resident at the local public security station or household registry office within 24 hours (or 72 hours in country areas) of arrival.

[Article 18] Any Hong Kong or Macao compatriot who wishes to return to settle in China shall first submit an application to the Municipal or country level public security bureau of their intended place of settlement and, following approval, shall present the Pass for Hong Kong/Macao Compatriots Revisiting their Homeland on which authorisation to settle in China has been noted, and shall complete procedures for registration of residence with the authorities in the place of intended settlement.

CHAPTER IV-BORDER EXIT AND ENTRY INSPECTION

[Article 19] Any domestic Chinese citizen entering or leaving Hong Kong or Macao and any Hong Kong or Macao compatriot entering or leaving China shall show a border exit-entry permit to the border inspection station at an open or designated port, complete a border exit or entry registration card and submit to an inspection.

[Article 20] A border inspection station is entitled to refuse a person exitor entry rights if:

(i) the person is without a Hong Kong/Macao Travel Pass, a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or other valid documents:

(ii) the person presents a forged, altered or otherwise invalid Hong Kong/Macao Travel Pass or Pass for Hong Kong/Macao Compatriots Revisiting their Homeland, or the person fraudulently uses the Pass of another, or

(iii) the person refuses to present the relevant documents for inspection.

Circumstances such as those set out in item (ii) above may also be dealt with in accordance with the provisions of Article 26 of these Measures.

CHAPTER V- CONTROL OF DOCUMENTS

[Article 21] Passes for Hong Kong/Moacao Compatriots Revisiting their Homeland shall be retained by the Pass holders.  Such Passes shall be valid for ten years and may be used as Often as required during the term of validity.  A new Pass may be issued if the term of validity expires or the pages for certification of inspection are fully utilized.  An application for a new Pass shall be made in accordance with Article 14 of these Measures.

[Article 22] A Hong Kong/Macao Entry Pass shall be valid for a single journey during its term of validity.  A Hong Kong/Macao Travel Pass shall be exceed five years.  Such Passes shall be retained by and used by the Pass holder.  An application shall be made in accordance with the provisions of Articles 6, 8 and 10 of these Measures for each visit to Hong Kong or Macao and, following approval, authoristation for a single exit-entry journey shall be noted on the Pass.  Following approval by a public security organ specially authorised by the Ministry of Public Security, multiple exit-entry approval may be given and noted on the Pass.

[Article 23] If a Hong Kong or Macao compatriot loses a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland after entry into China, the compatriot shall report the loss to the public security organ of the local department and, following verification of the loss after investigation by the public security organ, a valid single use Border Entry-Exit Pass for return to Hong Kong/Macao Compatriots Revisiting their Homeland may apply to be issued with another Pass in accordance with the provisions of Article 14 of these Measures, regardless of whether the loss is in Hong Kong, Macao or within China.

[Article 24] Any domestic Chinese citizen who loses a Hong Kong/Macao Entry Pass or Hong Kong/Macao Travel Pass prior to entry into Hong Kong or Macao shall report the immediately to the original issuing organ and declare the loss in the press and, following verification of the loss after investigation. another Pass shall be issued.

[Article 25] A Pass for Hong Kong/Macao Compatriots Revisiting their Homeland shall be revoked if the holder falls within any of the categories set out in Article 15 of these Measures.

A Pass shall be revoked at the decision of the original issuing organ or its higher level authority and shall be handed in to the relevant authorities.

CHAPTER VI-PENALTIES

[Article 26] If a person uses a Hong Kong/Macao Entry Pass, a Hong Kong/Macao Travel Pass, a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or a Border Entry-Exit Pass which is forged, altered or otherwise invalid, or fraudulently uses the Pass of another, the Pass shall be confiscated and the person using the Pass shall be given a warning or be detained for up to five days, depending on the seriousness of the case.

[Article 27] A person who forges, alters or transfers a Hong Kong/Macao Entry Pass, a Hong Kong/Macao Travel Pass, a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or a Border Entry-Exit Pass shall be detained for up to ten days and, in cases serious enough to constitute a criminal offence, criminal liability shall be investigated in accordance with the provisions of the relevant Articles of the Criminal Law of the People's Republic of China.

[Article 28] A person who fabricates a situation, provides false documentation or uses bribery or other tactics to obtain a Hong Kong/Macao Entry Pass, a Hong Kong/Macao Travel Pass, a Pass for Hong Kong/Macao Compatriots Revisiting their Homeland or a Border Entry-Exit Pass, in minor cases serious enough to constitute a criminal offence, criminal liability shall be investigated in accordance with the provisions of the relevant Articles of the Criminal Law of the People's Republic of China.

[Article 29] Any employee of a public security organ who, when executing the provisions of these Measures, uses the powers of office to demand or accept bribes or carry out other illegal acts which constitute dereliction of duty, in minor cases, may be the subject of disciplinary action at the discretion of the department in charge and, in cases serious enough to constitute a criminal offence, criminal liability shall be investigated in accordance with the provisions of the relevant Articles of the Criminal Law of the People's Republic of China.

CHAPTER VII-SUPPLEMENTARY PRINCIPLES

[Article 20] The Ministry of Public Security shall organise the implementation of these Measures and shall be responsible for their interpretation.

[Article 31] These Measures shall take effect from the date of promulgation.