Paragraph 10 Quotas within the general occupational class
Subject to the provisions of this Article, the quota in relation to applicants in approved occupations shall be 500 and within that quota of 500 the quota for each approved occupation for any period specified in a direction shall be determined by–
multiplying the number of persons who appear to the Governor to be working in Hong Kong in each approved occupation on the common date by the emigration rate applicable to that occupation; and
allocating a proportion of the periodic quota for the approved occupations to each approved occupation in proportion to the number obtained for each approved occupation by subparagraph (a).
If the Governor is satisfied that the application of the formula set out in paragraph (1) would be inappropriate in relation to a particular approved occupation because either
the information relating to the applicable emigration rate is unsatisfactory or unavailable; or
the number of persons who appear to the Governor to be working in Hong Kong in that occupation is so small that the emigration rate is an unreliable indication of the extent to which such persons are likely to emigrate from Hong Kong in the future,
he may, in relation to that approved occupation, calculate the quota in accordance with such criteria as he may determine.
Where the Governor determines the quota for an approved occupation in accordance with paragraph (2), there shall for the purposes of the calculation to be made under paragraph (1) be subtracted from the periodic quota for the approved occupations the sum of the quotas determined by the Governor in accordance with paragraph (2) and the reference to “each approved occupation” in subparagraph (b) of paragraph (1) shall not include a reference to any occupation whose quota is so determined.
The quota in relation to each specified occupational group for any period specified in a direction shall be determined by–
multiplying the number of persons who appear to the Governor to be working in Hong Kong in each specified occupational group on the common date by the emigration rate applicable to that occupational group;
allocating a proportion of the periodic quota for the specified occupational groups to each specified occupational group in proportion to the number obtained for each such group by subparagraph (a).
Within the quota determined under paragraph (4) in relation to the occupational group specified in paragraph 1 of Annex 1 (“the managers and administrators quota”) the number of managers and administrators in service with the Government of Hong Kong to be recommended shall be determined by the following formula–
where–
-
- (a)
A is the number of persons who appear to the Governor to be managers and administrators in service with the Government of Hong Kong on the common date;
- (b)
B is the total number of persons in Hong Kong who appear to the Governor to be in that specified occupational group on the common date;
- (c)
C is the number representing the managers and administrators quota,
- (a)
-
and, within the managers and administrators quota, the number of managers and administrators in service with the Government of Hong Kong and the number of managers and administrators not in such service shall each constitute a relevant quota for the purposes of the scheme.
An applicant who was a manager or administrator in service with the Government of Hong Kong but who ceased to be in such service before the common date shall not, if he applies in the managers and administrators occupational group, be treated for the purposes of paragraph (5) as a manager or administrator in such service.
In this Article “periodic quota”, in relation to approved occupations or specified occupational groups, means the maximum number of applicants in all the approved occupations or, as the case may be, all the specified occupational groups who may, by virtue of a direction, be recommended in the period specified in that direction.