On 1 March 2025, the Hong Kong Government will launch the refined Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings ("Scheme").
Under the new Scheme, the following eligible persons ("Eligible Persons") will be allowed to enter Hong Kong as a visitor to participate in arbitral proceedings if they possess a letter of proof from a designated arbitral and dispute resolution institution:
(a) arbitrators;
(b) expert and factual witnesses;
(c) counsel in the arbitration;
(d) parties to the arbitration; and
(e) other persons directly related to or involved in the arbitration such as tribunal secretaries, tribunal-appointed experts.
Prior to entering Hong Kong for an arbitral proceeding, Eligible Persons must obtain a letter from ("Letter"):
(i) if the arbitration is administered by an arbitral institution: Hong Kong International Arbitration Centre ("HKIAC"); Hong Kong Maritime Arbitration Group; South China International Arbitration Centre ("SCIAC"); eBRAM International Online Dispute Resolution Centre; AALCO Hong Kong Regional Arbitration Centre; China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center; and Secretariat of the International Court of Arbitration of the International Chamber of Commerce – Asia Office.
(ii) if the arbitration is an ad hoc arbitration: HKIAC, SCIAC or the Department of Justice of Hong Kong.
Then such Eligible Persons must produce the Letter to the Immigration Department or relevant authorities on inspection by the Immigration Department. Under the Scheme, such Eligible Persons will be allowed to stay in Hong Kong for the period for which they are allowed to remain in Hong Kong as a visitor. If an Eligible Person is required to apply for a visitor visa before entering Hong Kong, such Eligible Person must still apply for a visitor visa or entry permit before entering Hong Kong.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
