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Norsk

Bilateral agreements

Document-ID : 2006-09-15
Entry info force : 01.01.2007
Documentdate : 15.09.2006

Agreement between the Government of the Kingdom of Norway and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation

Agreement between the Government of the Kingdom of Norway and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation 

THE CONTRACTING PARTIES, 

THE KINGDOM OF NORWAY, 

hereinafter referred to as «Norway», 

and 

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA, 

hereinafter referred to as «the Hong Kong SAR», 

DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively, 

REFERRING to Council Regulation (EC) No 539/2001, and in particular Article 1(2) in conjunc-tion with Annex II thereof, implemented into Norwegian national legislation by notification, exempting holders of a «Hong Kong Special Administrative Region» passport from the requirement, for stays of no more than three months in all, to be in possession of a visa when crossing the borders of Norway, 

DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territories of the Hong Kong SAR or Norway, and to facilitate the transit of such persons in a spirit of cooperation, 

HAVE AGREED AS FOLLOWS:  

ARTICLE 1 
Definitions 

For the purpose of this Agreement:  

  1. «National of Norway» shall mean any person who holds the nationality of the Kingdom of Norway.  
  2. «Permanent resident of the Hong Kong SAR» shall mean any person who has the right of abode, that is the right to reside permanently, in the Hong Kong SAR,  
  3. «Person of another jurisdiction» shall mean any person who is neither a permanent resident of the Hong Kong SAR, nor a national of Norway. This shall include third-country nationals and stateless persons,  
  4. «Stateless person» shall mean any person who does not hold a nationality,  
  5. «Residence authorisation» shall mean a permit of any type issued by the Hong Kong SAR or Norway entitling a person to reside on its territory. This shall not include an application for a residence authorisation or temporary permissions to remain on its territory as a visitor or in connection with the processing of an asylum application,  
  6. «Visa» shall mean an authorisation issued or a decision taken by the Hong Kong SAR or Norway which permits a person's entry in, or transit through, its territory and which has been issued or taken prior to the person's arrival at its border. This shall not include an airside transit visa. 

SECTION I 
READMISSION BY THE HONG KONG SAR 

ARTICLE 2 
Readmission of permanent residents and former permanent residents  

  1. The Hong Kong SAR shall readmit, upon application by Norway and without any formalities other than those specified in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Norway provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are permanent residents of the Hong Kong SAR. The same shall, apply to persons who, since entering the territory of Norway, have lost their right to permanent residence in the Hong Kong SAR, unless such persons have at least been promised naturalisation by Norway.  
  2. At the request of Norway, the Hong Kong SAR shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a pe-riod of validity of at least 6 months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Hong Kong SAR shall issue a new travel document with the same period of validity within 14 days. If the Hong Kong SAR does not issue the travel document requested within 15 days of the date of the request it shall be deemed to accept use of the standard Norwegian travel document for the purposes of readmission. 

ARTICLE 3 
Readmission of persons of another jurisdiction  

  1. The Hong Kong SAR shall readmit, upon application by Norway and without any formalities other than those specified in this Agreement, all persons of another jurisdiction who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the terri-tory of Norway provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:  
    1. at the time of entry held a valid visa or residence authorisation issued by the Hong Kong SAR; or  
    2. after having entered the territory of the Hong Kong SAR, proceed to enter unlawfully the territory of Norway, coming directly from the territory of the Hong Kong SAR.  
  2. The readmission obligation in paragraph 1 shall not apply if:  
    1. the person of another jurisdiction has been in airside transit via the Hong Kong Interna-tional Airport; or  
    2. Norway has issued to the person of another jurisdiction a visa or residence authorisation before or after entering its territory, which has a longer period of validity than any visa or residence authorisation issued by the Hong Kong SAR; or  
    3. the person of another jurisdiction enjoyed visa-free access to Norway.  
  3. At the request of Norway, the Hong Kong SAR shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a pe-riod of validity of at least 6 months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Hong Kong SAR shall issue a new travel document with the same period of validity within 14 days. If the Hong Kong SAR does not issue the travel documents requested within 15 days of the date of the request it shall be deemed to accept use of the standard Norwegian travel document for the purposes of readmission. 

SECTION II 
READMISSION BY NORWAY 

ARTICLE 4 
Readmission of own and former own nationals  

  1. Norway shall readmit, upon application by the Hong Kong SAR and without any formalities other than those specified in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Hong Kong SAR provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of Norway. 
    The same shall apply to persons who have been deprived of, or who have renounced, the nationality of Norway since entering the territory of the Hong Kong SAR unless such persons have at least been promised permanent residence in the latter.  
  2. At the request of the Hong Kong SAR, Norway shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a pe-riod of validity of at least six months. If, for legal or factual reasons, the person concerned can-not be transferred within the period of validity of the travel document that was initially issued, Norway shall issue a new travel document with the same period of validity within 14 days.   

ARTICLE 5 
Readmission of persons of another jurisdiction  

  1. Norway shall readmit, upon application by the Hong Kong SAR and without any formalities other than those specified in this Agreement, all persons of another jurisdiction who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the terri-tory of the Hong Kong SAR provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that such persons:  
    1. at the time of entry held a valid visa or residence authorisation issued by Norway; or  
    2. after having entered the territory of Norway, proceed to enter unlawfully the territory of the Hong Kong SAR, coming directly from the territory of Norway.  
  2. The readmission obligation in paragraph 1 shall not apply if  
    1. the person of another jurisdiction has been in airside transit via an International airport of Norway; or  
    2. the Hong Kong SAR has issued to the person of another jurisdiction a visa or residence authorisation before or after entering its territory, which has a longer period of validity than any visa or residence authorisation issued by Norway; or  
    3. the person of another jurisdiction enjoyed visa-free access to the territory of the Hong Kong SAR.  
  3. At the request of the Hong Kong SAR, Norway shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a pe-riod of validity of at least six months. If, for legal or factual reasons, the person concerned can-not be transferred within the period of validity of the travel document that was initially issued, Norway shall issue a new travel document with the same period of validity within 14 days. 

SECTION III 
READMISSION PROCEDURE 

ARTICLE 6 
Principle  

  1. Subject to paragraph 2, a transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the requested Contracting Party.  
  2. The readmission application may be replaced by a written communication to the requested Contracting Party within a reasonable time period prior to the return of the person concerned provided that  
    1. the person to be readmitted is in possession of a valid travel document and, where appli-cable, a valid visa or residence authorisation of the requested Contracting Party; and  
    2. the person to be readmitted is willing to return to the requested Contracting Party. 

ARTICLE 7 
Readmission application  

  1. Any readmission application is to contain the following information:  
    1. the particulars of the person to be readmitted (e.g. given names, surnames, date of birth, and where possible – place of birth, and the last place of residence);  
    2. copies of documents which provide proof or prima facie evidence of nationality or per-manent residence.  
  2. To the extent possible, the readmission application should also contain the following informa-tion:  
    1. statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;  
    2. any other protection or security measure which may be necessary in the individual trans-fer case.  
  3. A common form to be used for readmission applications is attached as Annex 5 to this Agreement.  

ARTICLE 8 
Means of evidence regarding nationality and permanent residence  

  1. Proof of nationality or permanent residence pursuant to Article 2(1) and Article 4(1) can be furnished through the documents listed in Annex 1 to this Agreement, even if their period of validity has expired. If such documents are presented, Norway shall recognise the nationality, and the Hong Kong SAR shall recognise the permanent residence, without further formalities. Proof of nationality or permanent residence cannot be furnished through false documents.  
  2. Prima facie evidence of nationality or permanent residence pursuant to Article 2(1) and Article 4(1) can be furnished through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, Norway shall deem the nationality, and the Hong Kong SAR shall deem the permanent residence, to be established unless they can prove otherwise.  
  3. If none of the documents listed in Annexes 1 or 2 can be presented, the competent authorities of the Hong Kong SAR or Norway shall, upon request, make the necessary arrangements in order to establish his or her nationality or permanent residence.  

ARTICLE 9 
Means of evidence regarding persons of another jurisdiction  

  1. Proof of the conditions for the readmission of persons of another jurisdiction laid down in Article 3(1) and Article 5(1) can be furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Contracting Parties without further formalities.  
  2. Prima facie evidence of the conditions for the readmission of persons of another jurisdiction laid down in Article 3(1) and Article 5(1) can be furnished through the means of evidence listed in Annex 4 to this Agreement. Where such prima facie evidence is presented, the Contracting Parties shall deem the conditions to be established unless they can prove otherwise.  
  3. The unlawfulness of entry, presence or residence may be established by means of the travel documents of the person concerned in which the necessary visa or other residence authorisation for the territory of Norway or the Hong Kong SAR are missing. A statement by the competent authority of the requesting Contracting Party that the person concerned has been found not having the necessary travel documents, visa or residence authorisation shall likewise provide prima facie evidence of the unlawful entry, presence or residence.  

ARTICLE 10 
Time limits  

  1. The application for readmission must be submitted to the competent authority of the requested Contracting Party within a maximum of one year after the requesting authority has gained knowledge that a person of another jurisdiction does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the appli-cation being submitted in time, the time limit shall, upon request, be extended but only until the obstacles have ceased to exist.  
  2. A readmission application must be replied to without undue delay, and in any event within a maximum of one month; reasons shall be given for refusal of a readmission request. This time limit begins to run with the date of receipt of the readmission request. Upon expiry of this time limit the transfer shall be deemed to have been agreed to.  
  3. After agreement has been given or, where appropriate, upon expiry of the one month time limit, the person concerned shall be transferred without undue delay and, at the most, within three months. Upon application, this time limit may be extended by the time taken to deal with legal or practical obstacles.  

ARTICLE 11 
Transfer modalities and modes of transportation  

  1. Before returning a person, the competent authorities of the Hong Kong SAR and Norway shall make arrangements in writing in advance regarding the transfer date, the border crossing point and possible escorts. 
  2. No means of transportation, whether by air, land or sea, shall be prohibited but, as a rule, return shall take place by air. Return by air is not restricted to the use of national carriers or security staff of the requesting Contracting Party, and may take place by using scheduled flights as well as charter flights. 

SECTION IV 
TRANSIT OPERATIONS 

ARTICLE 12 
Principles  

  1. The Hong Kong SAR shall allow the transit of persons of another jurisdiction through its territory if Norway so requests, and Norway shall allow the transit of persons of another juris-diction through its territory if the Hong Kong SAR so requests, if the onward journey in other possible States of transit and the readmission by the State of destination is assured.  
  2. Norway and the Hong Kong SAR shall endeavour to restrict the transit of persons of another jurisdiction to cases where such persons cannot be returned to the State of destination directly.  
  3. Transit can be refused by the Hong Kong SAR or Norway  
    1. if the person of another jurisdiction runs the risk of persecution, or could be subjected to criminal prosecution or sanctions in another State of transit or in the State of destination, or could be threatened by criminal prosecution on the territory of Norway or the Hong Kong SAR;  
    2. on grounds of public health, domestic security, public order or other national interests.  
  4. The Hong Kong SAR or Norway may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit ope-ration, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured.  

ARTICLE 13 
Transit procedure  

  1. An application for transit must be submitted to the competent authorities in writing and is to contain the following information:  
    1. type of transit (by air, land or sea), possible other States of transit and intended final destination;  
    2. the particulars of the person concerned (e.g. given name, surname, date of birth, and – where possible – place of birth, nationality, type and number of travel document);  
    3. envisaged border crossing point, time of transfer and possible use of escorts;  
    4. a declaration that in the view of the requesting Contracting Party the conditions pursuant to Article 12(2) are met, and that no reasons for a refusal pursuant to Article 12(3) are known of. 

      A common form to be used for transit applications is attached as Annex 6 to this Agreement.

  2. The competent authority of the requested Contracting Party shall, without undue delay and in writing, inform the requesting competent authority of the admission, confirming the border crossing point and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.  
  3. If the transit takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.  
  4. The competent authorities of the requested Contracting Party shall, subject to mutual consultations, assist in the transit, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.  

SECTION V 
COSTS 

ARTICLE 14 
Transport and transit costs 

Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit pursuant to this Agreement as far as the border of the State of final destination shall be borne by the requesting Contracting Party. 

SECTION VI
 DATA PROTECTION AND NON-AFFECTION CLAUSE  

ARTICLE 15 
Data Protection 

The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of the Hong Kong SAR or Norway as the case may be.

The processing and treatment of personal data in a particular case shall be subject to the domestic laws of the Hong Kong SAR and Norway. Additionally the following principles shall apply:

  1. personal data must be processed fairly and lawfully;  
  2. personal data must be collected for the specified, explicit and legitimate purpose of imple-menting this Agreement and may not be further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose;  
  3. personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data ommunicated may concern only the following:  
    • the particulars of the person to be transferred (e.g. surname, given name, any previous names, nicknames or pseudonyms, date and place of birth, sex, current and any previous nationality),  
    • identity card or passport (number, period of validity, date of issue, issuing authority, place of issue),  
    • stop-overs and itineraries.  
    • other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement;  
  4. personal data must be accurate and, where necessary, kept up to date;  
  5. personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;  
  6. both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;  
  7. upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;  
  8. personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;  
  9. the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data.  

ARTICLE 16 
Non-affection clause  

  1. This Agreement shall be without prejudice to rights, obligations and responsibilities arising from International Law applicable to Norway and the Hong Kong SAR.  
  2. Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.  

SECTION VII 
IMPLEMENTATION AND APPLICATION 

ARTICLE 17 
Implementing Arrangements  

  1. The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement.  
  2. Within thirty days after the entry into force of this Agreement, the Contracting Parties shall inform each other, through appropriate channels, on the competent authorities designated to implement it, as well as on their addresses or other information necessary to facilitate commu-nication. The Contracting Parties shall also inform each other about any changes that may occur with respect to these authorities.  
  3. Representatives of the competent authorities shall meet whenever necessary to analyse the modalities of applying this Agreement and may agree upon the practical arrangements for its implementation, including:  
    1. designation of border crossing points and exchange of contact points; 
    2. conditions for transit of persons of another jurisdiction under escort;  
    3. means and documents additional to those listed in Annexes 1 to 4 to this Agreement.  
    4. recommendations of amendments to this Agreement.  

SECTION VIII 
FINAL PROVISIONS 

ARTICLE 18 
Entry into force, duration and termination  

  1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.  
  2. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.  
  3. This Agreement is concluded for an unlimited period.  
  4. Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notifi-cation.  

ARTICLE 19 
Annexes 

Annexes 1 to 6 shall form an integral part of this Agreement.  

Done at Hong Kong on the 15 day of September in the year 2006 in duplicate in the English and Norwegian languages, each of these texts being equally authentic

Latest changes
  • New: 2006-09-15 Agreement between the Government of the Kingdom of Norway and the Government of the Hong Kong Special Administrative Region of the People's Republic of China on the readmission of persons residing without authorisation (5/21/2014)

    The readmission agreement between Norway and Hong Kong, that entered into force in 2007, is now available on the portal.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

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