Section 2A: Hong Kong permanent residents
This section defines who is a Hong Kong permanent resident, and so it is the legal starting point of every pathway. The core conditions include:
- Chinese citizens who have ordinarily resided in Hong Kong continuously for seven years or more
- Chinese citizens born in Hong Kong
- Non-Chinese nationals who have ordinarily resided in Hong Kong continuously for seven years or more
Immigration Ordinance, section 2A
A Chinese citizen is a permanent resident of the Hong Kong Special Administrative Region if (a) he was born in Hong Kong, before or after the establishment of the Region; or (b) he has ordinarily resided in Hong Kong for a continuous period of not less than seven years, before or after the establishment of the Region…
Section 11: Conditions and limits on permission to enter
This section gives the Director of Immigration the power to impose conditions on people who are given permission to enter or remain, including but not limited to the length of stay, whether they may work or study in Hong Kong, and whether a sponsor is required.
Key cases
- Vallejos and Domingo v Director of Immigration (2013) — The Court of Final Appeal set out the multi-factor test for ordinary residence
- ZN v Director of Immigration (2018) — Clarified that years spent in Hong Kong as a foreign domestic helper do not count towards the seven years of ordinary residence
- QT v Director of Immigration (2018) — The Court of Final Appeal held that same-sex civil partners must be treated equally in dependant visa applications