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Asia Pacific Migration Research Network Working Paper No. 5   Migration and Citizenship in the Asia Pacific: Legal Issues Edited by Patrick Brownlee Published by the APMRN Secretariat Migration and Multicultural Program Centre for Asia Pacific Social Transformation Studies University of Wollongong, Australia ISSN 1328-2530 Copyright © 1998

Table of Contents Acknowledgements Preface 1. Migration to and from Australia: the Legal Framework Michael Morrissey with Gianni Zappala and Stephen Castles 2. Legal Aspects of International Migration in Fiji Anand Chand and Vijay Naidu 3. Legal Issues of Migration in Hong Kong S.A.R Tammy Leung, Mei-ling Fung and Siu-lun Wong 4. The Constant Flux, the Mobile Reserve and the Limits of Control: Malaysia and the Legal Dimensions of International Migration Shamsulbahriah Ku Ahmad 5. Regulating International Migration: a New Zealand Perspective Richard Bedford, Joanne Goodwin, Elsie Ho, Jacqueline Lidgard, Cluny Macpherson and Paul Spoonley 6. Rules and Regulations Relating to Singapore: the Case of Singapore Chew Soon Beng and Rosalind Chew 7. Thailand's Immigration and Emigration: a Legal Overview Aaron Stern and Supang Chantavanich 8. The Change of Regulations on Rural-Urban Migration in China Zhang Youyun, Ma Chunhua and Huang Ping 9. Legal Aspects of International Labour Migration in Indonesia Agus Sutanto 10. Sojourn Status and legal Rights of International Migrant Workers in Korea Seok Hyunho 11. The Europol Convention and Filipino migrant Workers: Legal and Other Issues in the Protection of Filipino Workers' Rights in Host Countries J. Sedfrey S. Santiago Preface The papers in this volume were originally presented at the second Asia Pacific Migration Research Network (APMRN) Conference at Hong Kong University in February 1998. A set of guidelines was circulated with a call for papers requesting information on immigration and citizenship law in each of the countries represented at the Conference. The guidelines were designed to facilitate a comparative approach to studying different national legislation. As the papers show, there are some important similarities in the legal aspects of migration. For a region which is becoming increasingly affected by intra-regional population movements, there are also significant differences in immigration and settlement regulations. The aim of this publication is not to provide definitive legal interpretation of aspects of migration and citizenship law, but to explain the most important features as they relate to the APMRN's mission to study the social and political issues of migration and ethno-cultural diversity in the Asia Pacific region. Highlighting the complexities of different legislation, this volume is a valuable starting point towards understanding common policy responses to the migration and settlement processes experienced throughout the Asia Pacific. The papers have been divided into two sections. Section One contains papers which provide a broader overview of migration-related legislation vis. a vis social policy and citizenship law. One of the key issues is the rights of citizens and the nature of exclusion of non-citizens. For instance, gender plays an important role as there are cases where women cannot claim dual citizenship in certain countries. Section Two contains more specific studies of labour migration regulations. High volume labour migration is the most important issue confronting a number of Asian and Pacific countries and there are some unique legislative measures which both facilitate and restrict this migration. There are two papers on the People's Republic of China (PRC). A paper on legal issues relating to the Hong Kong Special Administrative Region (SAR) was presented to highlight the legislative changes the SAR had experienced since its return to China in July 1997. The paper on the People's Republic of China is a special case in Section Two focusing on rural-urban labour migration and the intricate legislative procedures between local, regional and national levels. Overall, the papers in this volume present information emphasising that legislating for migration and citizenship is a complex issue affected by an array of social, political and cultural norms. For a region increasingly linked by trade and the homogenising force of Globalisation, there is still diversity in its approach to population mobility and who belongs. Patrick Brownlee APMRN Project Coordinator For more information, please contact: APMRN Secretariat Migration & Multicultural Studies Centre for Asia Pacific Social Transformation Studies University of Wollongong Northfields Avenue, Wollongong, NSW 2522 Australia Telephone: +61 (02) 42 213 780 Fax: +61 (02) 42 286 313 E-mail: apmrn@uow.edu.au On Internet: http://www.capstrans.edu.au/apmrn/

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