From 2005 to May 2015, the Director of Immigration exercised discretion to allow 186 people to stay in Hong Kong.
Responding to lawmakers' questions today, Secretary for Security TK Lai said that in exercising discretion, the director must carefully consider the circumstances of individual cases, such as whether the case is justified on sufficiently strong and convincing humanitarian or compassionate grounds, and make a decision having regard to prevailing public interest.
Mr Lai added that the Immigration Department has established procedures to investigate overstaying cases and gathers intelligence and takes referrals from different channels. It also flexibly deploys manpower for follow up and investigation.
He noted that the number of overstayers dropped from 12,258 in 2005 to 2,660 last year. The number of overstayers who were prosecuted also dropped, from 10,073 to 1,373 over the same period.
School-age children who overstay but are granted recognisance must apply to the Education Bureau if they wish to attend school during their stay in Hong Kong. The bureau will consult the Immigration Department before making a decision.
From 2010 to May 2015, the department expressed no objection to 32 applications from Mainland minors on recognisance to attend school.
