Hong Kong Government Enhances Scheme to Facilitate Entry for Arbitration Participants

On 12 February 2025, the Hong Kong government officially regularised and refined a scheme to ease the short-term entry of individuals participating in arbitration proceedings in Hong Kong, set to take effect on 1 March 2025. Initially launched as a pilot in 2020, the scheme allowed eligible individuals to engage in arbitration in Hong Kong without the need for an employment visa, provided they possessed a "letter of proof".

Following industry feedback, the government has rebranded the initiative as the "Immigration Facilitation Scheme for Persons Participating in Arbitral Proceedings in Hong Kong" and introduced several refinements:

• The definition of “eligible persons” has been expanded to include five categories of participants, now covering not only those directly involved in arbitration, such as arbitrators and legal representatives, but also individuals like tribunal secretaries and tribunal-appointed experts.
• The scheme now applies to all arbitrations physically held in Hong Kong, even if the seat of arbitration is elsewhere, broadening the scope of its application.
• Those holding a “letter of proof” will continue to be allowed entry as visitors for the duration of the relevant visa-free period based on their nationality, without needing an employment visa. However, they must still apply for a visit visa or entry permit where required.

The “letter of proof” will continue to be issued by qualified institutions in Hong Kong for institutional arbitrations, as outlined in 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”. For ad hoc arbitrations, reputable venues where proceedings take place can issue the letter. The Department of Justice will issue a guidance note to relevant institutions on the updated scheme.

The Hong Kong International Arbitration Centre (“<span class="news-text_medium">HKIAC</span>”), a key institution under the scheme, has issued 127 letters since the scheme’s pilot phase began. These changes reflect Hong Kong’s commitment to supporting arbitration and maintaining its status as a global arbitration hub.