INVESTMENT
VISA
Establishing and running a business in Hong Kong, as
elsewhere, can be a complex undertaking.
Under the section of this book headed “Setting up Business
in Hong Kong” I have provided some nformation on the
subject, but this deals with the basics only and I would urge
anyone seriously contemplating establishing a company in
Hong Kong to thoroughly research the subject. The ame is
true of understanding the ramifications of obtaining an
investment visa to establish or join business in Hong Kong,
and in this regard I recommend a visit to the website of
Emigra Asia, a company specializing in providing worldwide
business immigration services.
At http://www.emigra.com.hk you will find their
downloadable Hong Kong Immigration Handbook,
which provides a wealth of information about different types
of visas and other aspects of Hong ong immigration
procedures. While I cannot vouch for the entire accuracy of
this publication, it ertainly contains nothing contradictory to
my own understanding of the issues involved. Emigra
Asia claim that the information contained in this publication
is largely based on their own extensive experience of dealing
with the HKID on immigration matters. The Handbook is
free - you simply need to register with Emigra Asia online.
Generally, if a foreign national wishes to reside in Hong
Kong for the purpose of investment by way f establishing or
joining a company, he must first obtain an investment visa. If
he is also an employee of the Hong Kong company in which
he invests, the question of whether he would need employment visa or
an investment visa would depend on the
extent of his holding in the company. As with the applicant
for an employment visa, an investment visa applicant may
first nter Hong Kong as a visitor, perhaps under the
sponsorship of a Hong Kong business associate, is status
subsequently changing as, through negotiation with the
HKID, he prepares to establish himself in business. It is
worth bearing in mind that the overriding principle which
governs the ranting of investment visas by the HKID is that
the investment or business to be undertaken must be likely to
substantially benefit Hong Kong. This effectively means
contributing to Hong Kong’s economy and/or enhancing the
employment prospects of the local workforce. The
documents an applicant for an investment visa may be
required to produce to the HKID include the following:
(a) a completed and signed application form ID9(E) 936 in
respect of the applicant and any accompanying dependants;
(b) a copy of the sponsor’s Hong Kong identity card and /or
travel document (if he is sponsoring the applicant as an
individual);
(c) a copy of the sponsor’s Business Registration Certificate
(if he is sponsoring the applicant as a company);
(d) a copy of the Business Registration Certificate of the
company in which the applicant has invested or intends to
invest
(e) details, with proof, of the applicant’s proposed business
activities in Hong Kong;
(f)details, with proof, of the applicant’s proposed investment
in Hong Kong, his paid-up capital and source of funds;
(g) details of the personal particulars
of all other directors of
the company and their whereabouts, and reasons why the applicant’s
presence is essential;
(h) the number of locals and expatriates employed or
intended to be employed;
(i) details, with proof, of the applicant’s academic
qualifications and experience relevant to the post he is to
occupy – e.g. copies of degrees, diplomas, certificates and
testimonials
(j)details, with proof, of the applicant’s plans to co-operate
actively with Hong Kong commerce
and industry; and
(k) if applicable, evidence of the applicant’s past residence
in
Hong Kong.
As with an employment visa application, in addition to the
above documents the HKID may require other information
and/or documents, depending on the individual
circumstances of the case.