US and Britain could speed up visa reviews for arrested Occupy protesters

Dear Clifford Hart and Caroline Wilson, I am addressing this open letter to you in your respective capacities as US and British consuls general to Hong Kong. I respectfully request that you and your governments consider implementing expedited visa review procedures by which Hong Kong residents who may be arrested or convicted in connection with Occupy Central protests can be given an opportunity to show they are not dangers for travel and immigration purposes, and should be allowed to enter the US and Britain to pursue their education and career plans.

I flag this as a potential issue because, as you know, a criminal record not only complicates the lives of Hong Kong residents in Hong Kong. It imposes additional penalties on them if they wish to travel abroad. A Hong Kong resident with an arrest record, even if the arrest does not result in a conviction, must always declare the arrest in visa applications to the US, which will greatly delay visa approvals.

The US embassy in London, for example, warns that people with arrest records face a lengthy review process of up to six months or longer. In cases where the arrest results in a conviction, the individual may be permanently ineligible to receive a US visa and will need to obtain a special waiver to travel.

British laws also impose penalties. If a Hong Kong resident is convicted of an offence and spends any time in jail, he may be barred from entering the UK for five years, absent exceptional circumstances. These limitations will be a particularly heavy blow for Hong Kong students who want to study in the US or Britain.

I understand that visa officers have discretion to determine whether an offence reflects moral turpitude and should be the basis of barring a person from entering the country.

Unfortunately, the presence of discretion does not answer two key problems. A criminal record will greatly delay a person's visa application.