What important funds, accommodation, invitation, insurance, onward-travel or passport evidence may be required?
For Hong Kong's Arbitral Proceedings Visitor Facilitation Scheme, an eligible participant must obtain a Letter of Proof before entering Hong Kong. For institution-administered arbitration it is issued by a qualified arbitral institution or the Department of Justice; for qualifying ad hoc arbitration it is issued by an eligible venue provider. The Letter confirms the person's eligibility to participate in the proceedings. It does not replace the ordinary visit visa or entry-permit requirements: participants must still satisfy those requirements, and their stay cannot exceed their visitor permission. The captured scheme page does not establish a funds, accommodation, insurance, onward-ticket or passport-document checklist.
See recorded sources
Limits of the record- This capture establishes the scheme-specific Letter of Proof and ordinary visit-visa/entry-permit requirement only. It does not demonstrate whether general visitor-entry evidence for funds, accommodation, insurance, onward travel or passport validity is required; absence of those items must not be inferred.
- Eligible categories and visitor immigration status
The Scheme for Arbitral Proceedings covers five categories of persons, namely:
Arbitrators;
Expert and factual witnesses;
Counsel in the arbitration;
Parties to the arbitration; and
Other persons directly related to or involved in the arbitration such as tribunal secretaries, tribunal-appointed experts.
- Ordinary visit entry requirements and Letter of Proof
Eligible Person(s) are still required to fulfill the requisite visit visa or entry permit requirements in order to enter into Hong Kong. Eligible Person(s) who obtained a “Letter of Proof” (“the Letter”) from a qualified arbitral institution or the Department of Justice of the HKSAR Government (“DoJ”) (see below)
before entry
- Letter is a pre-entry condition and issuing bodies
Persons who seek to benefit from the Scheme for Arbitral Proceedings shall, prior to their entry into Hong Kong, obtain the Letter confirming that they are Eligible Persons participating in arbitral proceedings in the HKSAR. For arbitrations that are being administered by an arbitral institution, the Letter shall be issued by one of those qualified arbitral and dispute resolution institutions and permanent offices in Hong Kong which satisfies the criteria set out under Article 2(1) of the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR".
- Letter issuer for ad hoc arbitration
For
ad hoc
arbitrations (i.e. arbitrations not administered by an arbitral institution) that are held in reputable venue(s) with established and well-equipped hearing facilities, the Letter shall be issued by such venue providers.
- Stay duration is bounded by visitor permission
Eligible Person(s) are permitted to stay in Hong Kong for participating in arbitral proceedings for a period not exceeding the period for which they are permitted to remain in Hong Kong as a visitor