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Loss of Hong Kong Permanent Resident Status ?

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  1. #11

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    And for ROA it says:

    "The right of abode in the HKSAR will allow you the right:

    • To land in the HKSAR
    • To be free from any condition of stay (including a limit of stay) in the HKSAR;
    • Not to be deported from the HKSAR; and
    • Not to be removed from the HKSAR."

    So clearly in legal terms, being deported and being removed are different things. With ROA you can't be deported, with RTL you can. In neither case can you be removed.

    Any lawyers here care to define the difference?

  2. #12

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    I *think* if you're removed you can reenter in the future whereas if you're deported you wouldn't ever be allowed back in.

    Edit- or maybe the otherway round. It's something to do with reentry.

    Last edited by usehername; 08-11-2013 at 10:12 PM.

  3. #13

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    I know PDLM's new handle!


  4. #14

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    Quote Originally Posted by fatchai:
    hello:

    i just find out this from the hk gov website. HK PR will loss their PR status when they leave hk more than 36 months.

    •If you have been absent from Hong Kong for a continuous period of not less than 36 months since you ceased to have ordinarily resided in Hong Kong.

    http://www.gov.hk/en/residents/immig...gible/loss.htm

    in this case they should at least come back to hk for a holidays within the 36 months? is that correct?

    are you ethically Chinese, if yes, this rules doesnot apply

  5. #15

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    Quote Originally Posted by Morrison:
    I know PDLM's new handle!
    That took you 18 months? Not the sharpest knife in the drawer are you?
    Loz_2 likes this.

  6. #16

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    Quote Originally Posted by imparanoic:
    are you ethically Chinese, if yes, this rules doesnot apply
    The question is not whether you are ethnically Chinese, but whether you are a Chinese Citizen. There are many hundreds of non-ethnically-Chinese citizens of China in Hong Kong - they cannot lose ROA. Similarly, there are many hundreds of etnically Chinese people who are not Chinese citizens (and are citizens of another country) who have acquired ROA through 7 years residency - the rules stated above apply to them.
    Last edited by Gruntfuttock; 08-11-2013 at 10:29 PM.

  7. #17

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    Quote Originally Posted by Gruntfuttock:
    That took you 18 months? Not the sharpest knife in the drawer are you?
    It just proves that I can live without geo^^

    Next on is BryantE. , in a year or two

  8. #18

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    Quote Originally Posted by Morrison:
    It just proves that I can live without geo^^

    Next on is BryantE. , in a year or two
    Lol you always do things in excess don't you

  9. #19

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    Quote Originally Posted by Gruntfuttock:
    ...so if you are a PR by 7 years residence and jailed for more than 3 years you will lose your ROA, and could then be deported on release.
    With respect, this is not correct.

    Paragraph 7 of Schedule 1 to the Immigration Ordinance reads:

    "7. Loss of the status as a permanent resident

    A permanent resident of the Hong Kong Special Administrative Region loses the status of such resident only if-
    (a) being a person falling within the category in paragraph 2(d) [foreign nationals with the right of abode in Hong Kong]...has been absent from Hong Kong for a continuous period of not less than 36 months since he ceased to have ordinarily resided in Hong Kong;…"

    A person sitting in prison in Hong Kong doesn't leave Hong Kong and therefore continues to be a permanent resident and therefore cannot be deported upon release.

  10. #20

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    Quote Originally Posted by pin:
    If you lose your right of abode in the HKSAR you will automatically acquire the right to land in the HKSAR in accordance with the law, which will allow you the right:

    To land in the HKSAR
    To be free from any condition of stay (including a limit of stay) in the HKSAR; and
    Not to be removed from the HKSAR.

    You will be able to enter the HKSAR freely to live, study and work without any restriction.

    ???

    http://www.gov.hk/en/residents/immig...ard/roa/terms/

    Well... I don't know if past crimes committed before having RTL status can be used against you at a later date. Can they?

    Eg, you are 18 years old, rob a convenience store ... get jailed for 3.5 years then leave Hong Kong lose your ROA get RTL.. don't bother applying for ROA again then decide to call the CE a dick bag on TV or something in your 50's could you then just get deported?

    'Not to be deported from the HKSAR; and' thats the main thing here. I am not sure what the exact difference is but I am assuming deportation is more of this 1 guy did something specifically that makes him need to be removed vs them just removing people for some arbitrary reason like being too old or a burden on health care or something.

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