[VinceA]

I'm curious about a certain arrangement I came across with before. It sounds legal, but I'm not sure:

We hired a UK freelancer who is not a HK resident. He has a tourist visa (comes here for 6 months at a time).

I asked him how he can work in HK without a work visa, and he said that he has a business in the UK and therefore our company is hiring his business in the UK.

He says it's no different from contracting a company in the US to install some computer system for our company. The US company can send an engineer to HK to install the system and no need for a work visa.

I see the logic but...

[KnowItAll]

Get it from the horses mouth at enquiry@immd.gov.hk ...

There is some validity to what he is saying, but depending on how payments are made and contracts negotiated / settled, you might be hiring someone illegally.

[PDLM]

The case rests on whether the Immigration Department judges him to be "doing business" here or being "employed". If he can make a case that he is genuinely employed in the UK and just working on a project in HK then there will be some flexibility. But if he is just a sole trader simply selling his time and expertise (i.e. he isn't selling you something that his employer has made and he is just installing it) then it would be very difficult to persuade ImmD that he isn't "employed" in HK.

The onus is on you as the employer to ensure that what you are doing is legal, so if he gets caught out both your company and he are liable for penalties (in the case of the employer it is a fine of up to HK$150,000 plus one year in prison).

If I were you I would get you "employee's" opinion verified by ImmD.

http://www.immd.gov.hk/ehtml/topical_8.htm

[VinceA]

Originally Posted by PDLM

The case rests on whether the Immigration Department judges him to be "doing business" here or being "employed". If he can make a case that he is genuinely employed in the UK and just working on a project in HK

It's his own company (1 person). Anyway, that was 4 yrs ago.

Just curious how he was able to do that, and also wanted to let the original poster be aware of such an arrangement, if it's not illegal.

[dean-dzai]

Originally Posted by tex

if you're on a dependent's visa and you would like to freelance, how can you do so legally?

I am on a Dependant visa in Hong Kong, dependent on my wife who is a Hong Kong born Chinese. On this visa I can apply for jobs and work.

[JohanSWE]

Yepp Dean is right.
With a dependent visa you can take on any job you like.
Free lance, part/full time.
Well ok not ANY job but you get the idea.