Entitlement and access to public health care services

Permanent residents vs non-permanent residents

A Hong Kong permanent resident enjoys the right of abode in Hong Kong (section 2A, Immigration Ordinance, Cap.115, Laws of Hong Kong) and is entitled to apply for a permanent identity card, and is therefore classified as an “Eligible Person” for public health care purposes.

A person in any one of the following categories is a permanent resident of the Hong Kong Special Administrative Region:

1. a Chinese citizen born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; or
2. a Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region on 1 July 1997; or
3. a person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b); or
4. a person not of Chinese nationality who entered Hong Kong with a valid travel document, ordinarily resided in Hong Kong for a continuous period of not less than seven years, and took Hong Kong as his place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region; or
5. a person under 21 years of age born in Hong Kong to a parent who became a permanent resident of the Hong Kong Special Administrative Region in category (d) before or after the establishment of the Hong Kong Special Administrative Region, if, at the time of his birth or any time before he turned 21, one of his parents had the right of abode in Hong Kong; or
6. a person other than those residents in categories (a) to (e) who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only.
   (Para. 2, Schedule 1, Immigration Ordinance, Cap.115, Laws of Hong Kong)

A permanent resident of the Hong Kong Special Administrative Region loses permanent resident status only if:

1. he falls within the category in section 2(d) or (e) above but has been absent from Hong Kong for a continuous period of not less than 36 months since he ceased to have ordinarily resided in Hong Kong; or
2. he falls within the category in section 2(f) above, but has been absent from Hong Kong for a continuous period of not less than 36 months after he obtained the right of abode in any place other than Hong Kong and has ceased to have ordinarily resided in Hong Kong.
   (Para. 7, Schedule 1, Immigration Ordinance, Cap. 115, Laws of Hong Kong)

In 2011, the Food and Health Bureau proposed implementing an electronic system in both the Immigration Department and public hospitals and clinics managed by DH and HA to check the eligibility of non-permanent identity card holders for subsidized public health care services. The aim was to ensure that people with valid resident status in Hong Kong could use public health care services as “Eligible Persons” and that those without valid resident status would not be allowed to use the services at the subsidized rates as “Eligible Persons”.

From 28 September 2013, people attending hospitals and clinics are required to present their Hong Kong identity card to verify their resident status through a new online checking system in order to receive subsidised public healthcare services by paying "eligible persons" fees.