High-profile scientist's SAR visa appears doomed

Eunice Lam

Controversial mainland biophysicist He Jiankui is expected to be disqualified from his top talent visa to Hong Kong by the Immigration Department "for lack of work experience," sources say.

The disqualification came after a day of drama when the scientist made public his visa approval under the Top Talents Pass Scheme and the Labour and Welfare Bureau chief, Chris Sun Yuk-han, added a requirement for applicants to declare their criminal records after admitting it was not required earlier.

Sources said even though the Labour and Welfare Bureau had granted He's visa, the Immigration Department has the right to veto it over He's work experience since he was in jail.

He, who made the world's first gene-edited babies, was jailed in Beijing for three years from 2019 for illegal medical practice and fined 3 million yuan (HK$3.42 million).

Earlier, Sun said applicants for the talent scheme did not have to declare any criminal record.

But later he announced on Facebook that from today applicants are required to declare their criminal records when filing the online application for the visa.

Those who have their visas pending approval will also need to declare their criminal records.

The U-turn came hours after He, who was jailed for making the gene-edited babies, said in a hasty two-minute press briefing that he is only coming to Hong Kong to seek opportunities to work with local universities or companies.

"I have no plan to stay for the long-term," he said.

"I always think Hong Kong is a city with freedom, prosperity, inclusiveness and openness, and I think highly of Hong Kong's future," he said before walking away without taking any questions.

Earlier Sun admitted applicants are not required to declare their criminal records. He also said the Immigration Department will act as the gatekeeper and scrap visas if applicants are found to have provided false information.

Speaking to reporters yesterday, Sun refused to comment on individual cases but confirmed authorities had not asked about the applicants' criminal records.

Sun said authorities will adjust the workflow from time to time. He added: "We will see whether more information from applicants is required and we will adjust procedures from time to time."

Sun said the talent-hunting scheme has clear regulations and that it aims to attract high-earning, well-educated individuals to move to the territory.

Sun's remarks came after a post on the mainland online messaging platform WeChat said that He, who was released from prison in April last year, said he has been accepted under the Labour and Welfare Bureau's Top Talent Pass scheme launched in December.

He planned to come to the SAR next month to work with universities or companies on rare genetic disease research.

He was an associate professor in the Department of Biology of the Southern University of Science and Technology in Shenzhen. He had announced that he had created genetically modified twin sisters - dubbed Lulu and Nana - at a conference in Hong Kong in November 2018, claiming the pair would be immune to HIV infection.

In December 2019, a Shenzhen court found him guilty of "illegal medical practices" and jailed him..

A former director of immigration, Lai Tung-kwok, said the Hong Kong government should add a criminal record disclaimer on talent applications.

"He Jiankui was convicted of illegal medical practices in the mainland, which is also a serious crime in Hong Kong," Lai said. "The government can have a more comprehensive consideration if it requires applicants to disclaim their criminal records."

Executive Council member Ronny Tong Ka-wah said applicants' criminal records may not be key criteria for the talent-hunting visa.

"Top Talent Pass is not a migration visa, at least not at the same level. So even if an applicant committed a crime, by my understanding, it is not an important factor under the policy's framework," Tong said.

The Immigration Department's website says a Top Talent Pass visa application may be favorably considered if "there is no security objection and no known record of serious crime in respect of the applicant."

The two-year scheme is open to applications from people who earn more than HK$2.5 million annually and those who graduated from the world's top 100 universities with at least three years of work experience over the previous five years.

However, those who lack three years of work experience but graduated from top universities within the past five years could still apply - subject to an annual quota of 10,000. Applicants do not need a work offer when heading to Hong Kong.

The labor secretary said last week two-thirds of the 7,700 successful applications are from the mainland.

eunice.lam@singtaonewscorp.com