Please advise...overstay penalties

  1. #1

    Please advise...overstay penalties

    Would really appreciate some advice on what I should expect. I am Canadian and have overstayed my visitor VISA. I thought it was 6 months, not 3 (yes stupid I know) and thought I could get a routine extension at the Immigration office. I went in today, no extension granted, and my passport was taken, and I was ordered to stand before an Investigations officer next Monday to plead my case. I was told overstaying was a criminal offense and that I should speak to legal counsel before the hearing.

    Should I be worried at what goes on at this Monday meeting. I am a Canadian lawyer and only in the city to visit my sister, brother-in-law, niece and nephew, who have been here for the last 6 years. I was told by someone that I should expect to be asked to leave the country, with our without restrictions attached to my re-entry. And there in lies the problem. I don't have anywhere for a week, month, etc to go before I can come back to Hong Kong. If it's just the matter of a day trip to Macau to renew my VISA then I'm happy to do that.

    I just want to spend a few more weeks with my family before I head back to Canada. I am not here looking for work and have the other half of a return ticket to prove I have very intention of going back to Canada.

    Any idea what kinds of restrictions on re-entry or fines are likely to accompany my penalty for over-staying? Would really appreciate any and all advice.


  2. #2

    Join Date
    May 2004
    Hong Kong

    Cap.115 s.41 "Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence and shall be liable on conviction to a fine of at level 5 and to imprisonment for 2 years. "

    Say hello to Bubba and try not to drop the soap in the shower

  3. #3

    Join Date
    Apr 2003

    1) Go to the law libraries and research this issue.

    2) Find yourself a lawyer who is sympathetic to your problem.

    Hopefully you don't end up in front of a judge that lacks a sense of humor and irony.