Ever tried Beta-Blockers Geoff?
Ever tried Beta-Blockers Geoff?
You are clearly a person of limited intellect, so I'll make this as simple as I can.
The question is one of Intent. If you declare that you wish to enter HK as a visitor when in fact you Intend to reside here then you are making a false statement.
From the Immigration Ordinance (cap.115 s.42):
and the penalty:1) Any person who makes or causes to be made-
(a) to an immigration officer, immigration assistant or any other person lawfully acting under or in the execution of Part IB, II, III or IV of this Ordinance;
(b) in any document furnished to an immigration officer or immigration assistant pursuant to this Ordinance or a requirement made thereunder; or
(c) for the purpose of obtaining, whether for himself or any other person, any travel document, certificate of entitlement, entry permit, re-entry permit, certificate of identity, document of identity, APEC business travel card, travel pass or Vietnamese refugee card,
any statement or representation which he knows to be false or does not believe to be true shall be guilty of an offence. (Amended 57 of 1972 s. 10)Moreover, from s.41(4) Any person who is guilty of an offence under this section shall be liable-
(a) on conviction on indictment, to a fine of $150000 and to imprisonment for 14 years; and (Amended 66 of 1981 s. 3)
(b) on summary conviction, to a fine at level 6 and to imprisonment for 2 years. (Amended L.N. 25 of 1996)A person being granted permission to enter as a visitor and subsequently residing in HK without permission commits such an offence.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 at level 5 and to imprisonment for 2 years.
Last edited by PDLM; 11-11-2009 at 01:27 PM.
You should try and look up the definition of the word "reside". If I come here, stay here and then LEAVE before my visa expires I am not residing illegally in Hong Kong.
I might live here for the duration of my visa, but if I leave before it expires I am not breaking the law.
This is a trivial point you seem unable to grasp.
You can define it however you want. Sensible people would, I believe, conclude that someone who comes to Hong Kong with all their worldly possessions with no home anywhere else and with the intention of staying here for the foreseeable future is not a "visitor".
Yes Geoff isn't completely wrong here. It really doesn't matter whether you come here with a boatload of stuff or a back pack, if you comply with the rules then you do nothing wrong. There are no laws for example against foreigners owning a property. I could be staying 8 months out of the year in HK, if I comply with the visa rules then there is no problem.
At some point, immigration could decide to refuse entry, that is their right... Plenty of people come and go from HK or many other countries and stay many months out of the year while complying with the rules stated.
No one gets arrested on intent unless there's clear evidence of planning to break the law. Heck many people don't even get arrested when making fairly serious threat against others...
So the debate boils down to the meaning of "take up residence". In my mind someone who moves here with all their possessions, with no home anywhere else, and with the intent of staying here for the foreseeable future is "taking up residence".4. Unless Part I applies to you, you require a visa or entry permit to work, study, establish or join in any business or to take up residence in the HKSAR.
If you don't feel this qualifies as taking up residence then what other criteria do you feel need to be met?
My wife packs all of her worldly possessions (mostly shoes) whenever we travel.
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Lawyer alert here!!!!
1. To live in a place permanently or for an extended period.
I would argue that anyone who intends to leave Hong Kong before their visa expires is not taking up residence. If I am allowed to stay in Hong Kong for 90 days on my visa then living here for 89 days is not acting illegally.
i think i would agree with PDLM's interpretation. if you are here for 89 days and only plan on being here for 89 days, you are NOT residing... you are "staying" as in, on a holiday.
if, however, you are here "indefinitely" and use entering and exiting hk as a means to remain indefinitely, then i think you would be "residing".
it is clear from the OP that she had no intention of leaving hk. although she was here according to the LETTER of the law, she is violating the SPIRIT of the law.
i also think that renting a flat would be a STRONG indicator to immig that she had no intention of leaving... therefore she is RESIDING here. again, although she is not here illegally, she IS breaking the spirit of the law, which is why the immig have tagged her and given her a warning.